General Actions:
General Actions:
ALL-TEAMS Neg
Last modified by Richard Min on 2013/01/08 11:13
Cites
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| 09/28/2012 | Energy Production PICTournament: | Round: | Opponent: | Judge: Text: Use the term "production of electricity from another form of energy" Sometimes, we improperly use the term "energy production" when discussing energy issues B- Precise scientific knowledge by citizens is critical to an informed debate The problem is, the land of the free and home of the brave is C - only a scientific approach produces the best epistemology and can avert extinction Supernatural forces and events, essential aspects of most religions, play no role in | |
| 09/28/2012 | Innovation CP and Future Markets DATournament: | Round: | Opponent: | Judge: The United States Federal Government should: Recognizing that investment horizons, technology development cycles, and market conditions vary across advanced energy technology segments, precise policy mechanisms will likely differ from sector to sector. Yet whether through production or investment subsidies, consumer rebates, market-creating regulations or standards, or other market incentives, we recommend that any advanced energy deployment subsidies meet the following policy design criteria. Reformed policies should: ESTABLISH A COMPETITIVE MARKET. Deployment policies should create market opportunities for advanced clean energy technologies while fostering competition between technology firms. The government has a long history of successfully driving innovation and price declines in emerging Only the CP can solve the future market crash – the impact is economic collapse The global clean energy industry is set for a major crash. The reason is Global war – diversionary theory’s true Less intuitive is how periods of economic decline may increase the likelihood of external conflict Future Markets 2NC Turns the entirety of the case – the crash will make all problems worse After years of staggering growth, the clean-energy industry is headed for a If the plan succeeds- it just creates a bubble in the green economy by propping up the industry- turns case When the federal government bailed out General Motors, you may remember that we were Our link is faster than the plan – The market gets built up way too fast This is not the first time booming clean tech markets in America have been on And even if they initially succeed- it still generates a longer-term bubble- supercharges the collapse Not Stimulating, the Economy The CBO’s cost estimate for CEDA notes that funding would Solvency 2NC Solves structural market concerns Several policies could be structured to meet these criteria. Competitive deployment incentives could be Plan links to the certainty DA more – these energies need to become independent of subsidies g Cost competitiveness is achievable, but until technological innovation and cost declines can secure independence from ongoing subsidy, clean tech segments will remain continually imperiled by the threat of policy expiration and political uncertainty. Continual improvement in price and performance is thus the only real pathway beyond the cycle of clean tech boom and bust. A2 Perm 2NC All of our solvency turns are DAs to the permutation and to the aff I. Reform Advanced Energy Deployment Subsidies to Reward Technology Improvement and Cost Declines Expiring (A) Energy production subsidies must be unconditional – they are flat and increase each year Reducing the cost of clean energy technologies will require continuous innovation and improvement even after (B) This is specific to the energy production literature Despite this recent success, however, nearly all clean tech segments in the United States remain reliant on production and deployment subsidies or other supportive policies to gain an expanding foothold in today’s energy markets. Now, many of these subsidies and policies are poised to expire—with substantial implications for the clean tech industry. (C) "Resolved" is definite. to come to a definite or earnest decision about; determine (to do something): I have resolved that I shall live to the full. (D) "Should" is immediate and mandatory. (E) Substantial requires that the increase be definite and immediate (F) Substantially is without material qualification | |
| 09/28/2012 | Elections DA - Obama GoodTournament: GSU | Round: | Opponent: | Judge: LINK INSERTED Turnout key to re-election Romney wrecks Russia relations Extinction | |
| 09/28/2012 | QER CPTournament: | Round: | Opponent: | Judge: DOE recommendations cause enactment – AND – Even if it fails – private actors will change their behavior This recommendation will get enacted after the election and the counterplan trades-off political points necessary to enact other initiatives in the QTR This trade-off would occur with biofuels US lead in biofuels would cause extinction | |
| 09/28/2012 | Energy Production KTournament: | Round: | Opponent: | Judge: The impact is Extinction – The K turns and solves the root cause of their environment/resources impacts – the aff causes error replication Vote neg - methodological investigation is a prior question to the aff – strict policy focus creates a myth of objectivity that sustains a violent business-as-usual approach | |
| 09/28/2012 | Courts CPTournament: | Round: | Opponent: | Judge: Courts defer to preemption and the executive branch now – new ruling is key to environmental federalism Agency deference destroys efficient production – stable legal interpretation is key to industry innovation | |
| 09/28/2012 | Lopez CPTournament: GSU | Round: | Opponent: | Judge: | |
| 09/28/2012 | T - Must Increase ElectricityTournament: | Round: | Opponent: | Judge: | |
| 09/28/2012 | T - Tax CreditsTournament: | Round: | Opponent: | Judge: Limits - Broad definitions could include 40 different mechanisms | |
| 09/28/2012 | Anthro KTournament: | Round: | Opponent: | Judge: Speciesism makes possible “systematic beastilization” which justifies non-criminal putting to death of the other—root cause of all oppression The alternative is to embrace the standpoint of the animal—this overcomes the humanist bias of the affirmative scholarship, connects the experiences of human and non-human animals and allows for total liberation by providing understanding of all oppression | |
| 09/28/2012 | FrameworkTournament: | Round: | Opponent: | Judge: The colon introduces the following: a. A list, but only after " “United States Federal Government should” means the debate is solely about the outcome of a policy established by governmental means The Proposition of Policy: Urging Future Action In policy propositions, each topic contains “Federal Government” means the central government in Washington D.C. The impact is decisionmaking B. In order to maximize the potential for debate to teach us decision-making skills, three conditions must be met. First, a clearly defined, predictable point of stasis is necessary Second, each side must agree to answer the question of the resolution based on the side they are assigned to in any given debate Along these lines, the greatest benefit of switching sides, which goes to the Third, in order to answer the question of the resolution both sides should imagine the world in which the United States Federal Government acts in order to force ourselves to learn the skills of decision-making by evaluating opportunity costs Focus on a policy option is best for decision-making skills and is a prerequisite to education D. Maximum benefit of debate can only be achieved through focus on decision making. Human extinction is the impact. For us, other rude awakenings are unavoidable, some of which could easily Public deliberation focused on policy outcomes is necessary for authentic democratic practices. The US invasion of Iraq demonstrates that the privileging of personal politics enables hegemonic domination at the expense of oppressed groups. | |
| 09/28/2012 | Natural Gas DATournament: | Round: | Opponent: | Judge: Turn- U.S. gas production solves Russian energy imperialism—gives alternatives to Europe Russian imperialism makes war with the U.S. inevitable | |
| 09/28/2012 | T - Restriction - GeographicTournament: | Round: | Opponent: | Judge: On indicates DESTINATION the affirmative removes a regulation on HOW energy is produced not WHERE GEOGRAPHICALLY it is produced. Contextually, a regulation is not a direct restriction | |
| 10/01/2012 | Environmental Justice DATournament: GSU | Round: 9 | Opponent: Georgetown CV | Judge: Miller Solar disposal causes e-waste exports –
Nath 10 (Stanford Journal of International Relations, Vol. XI | No. 2 , Spring, “Cleaning Up After Clean Energy: Hazardous Waste in the Solar Industry”, http:~/~/www.stanford.edu/group/sjir/pdf/Solar_11.2.pdf(% style="FONT-SIZE: 8pt; mso-bidi-font-size: 11.0pt" %), Ishan Nath is a sophomore at Stanford University doublemajoring in Economics and Earth Systems with a focus on energy science and technology) The first question facing solar firms is how to address the prospect ofAND the situation could escalate into “a major disaster.” 4 E-waste is unjust – starvation, death, inequality
Templeton 9 Seattle Journal for Social Justice Volume 7 Issue 2 Spring/Summer 2009 Article 21 4-16-2012 The Dark Side of Recycling and Reusing Electronics: Is Washington's E-Cycle Program Adequate? Nicola J. Templeton, 1 JD, Seattle University School of Law, 2009; BSc (Eng.), Chemical Engineering, University of Cape Town, South Africa, 2002 Environmental degradation is the degradation of the quality of life AND exports are by no means limited to these countries. 103
E-Waste also ends up in landfills
Silicon Valley Toxics Coalition 9 “Toward a Just and Sustainable Solar Energy Industry.” 2009. Silicon Valley Toxics Coalition, January 14. http://www.svtc.org/site/ DocServer/Silicon_Valley_Toxics _Coalition__Toward_a_Just_and_ Sust.pdf?docID=821 The global tide of toxic electronic waste (e-waste) is an escalating environmental AND passed laws banning disposal of some electronics in landfills. †
A) Landfills and toxic waste dumping are environmentally unjust
Useful Community Development 12 Environmental Justice Is Simply a Matter of Fair Distribution, http:~/~/www.useful-community-development.org/environmental-justice.html#.UEgG9MFlT_UEgG9MFlT_k Environmental justice is a term that means that both the great environnmental AND only being able to afford neighborhoods that have some negatives. | |
| 10/01/2012 | T - Indirect IncentivesTournament: GSU | Round: 9 | Opponent: Georgetown CV | Judge: Miller A. Interpretation—financial incentives are direct motivators of a specific action, they cannot be environmental variablesDyson et al, 3 - International Union for Conservation of Nature and Natural Resources (Megan, Flow: The Essentials of Environmental Flows, p. 67-68) Understanding of the term ‘incentives’ varies and economists have produced numerous typologies. A AND these incentives within the realm of economic and fiscal policy is practically limitless.
B. Violation—the plan just imagines we establish a Solar Bank to give incentives, not that incentives are given as a mandate of the plan
C. Prefer our interp—1) Limits—there are thousands of potential enablers of energy production they could create, they could make strategic reserves of solar energy, argue that we need a slush fund for nuclear power. Those cases are terrible for debate—lets them claim signal advantages without affecting energy2) Effects T—at best the increase of incentives occurs as a result of the plan, not the mandate, that’s an independent voting issue—letting the Neg take multiple steps to be topical amplifies the research burden for the NegD. T is a voting issue for jurisdiction
For is a term of exclusion – requiring direct action upon
US CUSTOMS COURT 39 AMERICAN COLORTYPE CO. v. UNITED STATES C. D. 107, Protest 912094-G against the decision of the collector of customs at the port of New York UNITED STATES CUSTOMS COURT, THIRD DIVISION 2 Cust. Ct. 132; 1939 Cust. Ct. LEXIS 35 The same reasons used by the appellate court may be adopted in construing the language AND imported with the intention to use the same in industry for manufacturing purposes.
Stops ENERGY DEBATES the topic is the only component that changes from year to year. Allowing indirect incentives means the aff doesn’t even have to target the energy sector
Enters et al, 4 - Food and Agricultural Organization (Thomas, “What does it take? The role of incentives in forest plantation development in Asia and the Pacific”, http:~/~/www.fao.org/docrep/007/ad524e/htm(% style="COLOR: #0d0d0d" %)) While there is no dearth of definitions for incentives, a single agreed definition does AND and transport costs within - as well as outside - the plantation sector.
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| 10/01/2012 | Marx KTournament: GSU | Round: 8 | Opponent: Georgetown CV | Judge: Miller The focus on revision of time and counter-factualism becomes an alibi for acquiescence of class struggles – they obscure the logic of capital and ensure repetition of oppression Zavarzadeh 94 (Mas'Ud, The Stupidity That Consumption Is Just as Productive as Production": In the Shopping Mall of the Post-al Left," College Literature, Vol. 21, No. 3, The Politics of Teaching Literature 2 (Oct., 1994),pp. 92-114) Post-al logic is marked above all by its erasure of "production" AND divided by two antagonistic classes" (see my Theory and its Other).
The aff’s approach to knowledge which privileges subjectivity of time and uncertainty denies the objectivity in class relations and the oppression that is produced from capital accumulation Zavarzadeh 94 (Mas'Ud, The Stupidity That Consumption Is Just as Productive as Production": In the Shopping Mall of the Post-al Left," College Literature, Vol. 21, No. 3, The Politics of Teaching Literature 2 (Oct., 1994), pp. 92-114) The unsurpassable objectivity which is not open to rhetorical interpretation and constitutes the decided foundation AND citizen from the revolutionary cell to the ludic shopping mall of France.
The denial of the objective suffering that capitalism naturalizes violence and makes us indifferent toward limitless annihilation Zavarzadeh 94 (Mas'Ud, The Stupidity That Consumption Is Just as Productive as Production": In the Shopping Mall of the Post-al Left," College Literature, Vol. 21, No. 3, The Politics of Teaching Literature 2 (Oct., 1994),pp. 92-114) What is obscured in this representation of the non-dialogical is, of course AND by which this violence is made more tolerable, justifiable, and naturalized.
Alt Text: Reject the 1AC structural/historical criticism that is the 1NC.
There is no chance of a permutation: An objective determination of history is key – this debate is not about what the aff does but rather was the aff formulated with accurate knowledge on history – we must ground our debates in accurate historical methods that only Marxism can account for – their method prevents a transition to a society beyond oppression TUMINO 1 (Stephen, Prof. English @ Pitt, “What is Orthodox Marxism and Why it Matters Now More than Ever”, Red Critique) Any effective political theory will have to do at least two things: it will AND determinism of corporate theory ("knowledge work") that masquerades as social theory.
Turns their whole case – you should view energy consumption/production through a context of economics Heinberg, 10 (Richard, senior fellow at the post carbon institute, “peak everything”, 9/2/10, http://richardheinberg.com/220-peak-everything)
In titling this book “Peak Everything,” I was suggesting that humanity has AND on, it’s going to be a bumpy downward roller-coaster ride.
They lose if we win a link – proves capitalism informs their goal and method – reinforces systemic inequality that flips the case Meszaros 95 (Istavan, Prof. Emeritus @ Univ. Sussex, Beyond Capital: Towards a Theory of Transition, p 71) The capital system is an irrepressibly expansion oriented mode of social metabolic control. Given AND strictly concerned with finding the instruments best suited for reaching the predetermined goal.
The perm is co-opted into the language of reformism – capital is like a many headed hydra – only totalizing rejection solvesKovel 2 (Joel, Alger Hiss Prof. At Bard, The Enemy of Nature, Zed Books, p. 142-3) The value-term that subsumes everything into the spell of capital sets going a AND field into zones of greater concentration, expanded profitability — and greater ecodestruction. | |
| 10/01/2012 | Genealogy TurnsTournament: GSU | Round: 8 | Opponent: Georgetown CV | Judge: Miller Positing genealogy as a form that should be accepted as a means of cultural critique does nothing to aid political reflection by leaving history fragmented and leaving no means for mobilizes to reconstitute subjectivity.David Owen, Department of Politics and International Relations @ University of Southampton, 2k5 “On Genealogy and Power,” Political Theory, 33(1)
Michael Clifford’s Political Genealogy after Foucault provides an appropriate starting point because one of the AND to conflate the two is unlikely to aid cultural or political reflection. Any construction of genealogy implements bias from the culture that constructed even the alternate history. A genealogy therefore must not try to make an argument. The aff impacts and call for the ballot prove that their genealogy is insufficient and incorrect.Conolley 91 William Connolley, Professor of Political Theory at Johns Hopkins University, Identity / Difference p. 181-2
Genealogy brackets teleotranscendental legitimations of established dualities in order to problematize established frames within which AND even when onto-theological strategies of transcendence have run into dead ends.
Perfecting history is impossibleConnolley 93 William Connolley, Professor of Political Theory at Johns Hopkins University, Political Theory and Modernity p. 149
Nietzsche treats the demand for integration as a social compulsion and an internal drive which AND life of the self into neat coordination with the social form of language.
The attempt to construct a “correct” or even “better” version of history is not a genealogy. It falls short when it points to a conclusion, or a capital-T-True account of the history.Connolley 93 William Connolley, Professor of Political Theory at Johns Hopkins University, Political Theory and Modernity p. 151
Genealogy aims at a kind of self-examination: a rethinking of how one AND immanent critique and dialectical reason - it is displayed most saliently through exemplification.
First, genealogies seek to problematize authority and make it weak - it prevents solvencyConnolley 87 William Connolley, Professor of Political Theory at Johns Hopkins University, Politics and Ambiguity p. 133-4
When we understand nature to be an unruly set of forces not designed to coalesce AND dealing, and child abuse provide more insidious examples of the same phenomenon.
Conception of a genealogy is endemic of his flawed view of power – it’s an impossible project.Touey 98 Daniel Touey Professor of Philosphy at Temple University, Journal for the Theory of social Behaviour 28:1 “Foucault’s Apology”
Habermas, whom interestingly enough Foucault mentions in "What is Enlightenment?", claims that AND Damiens in Discipline and Punish. a kind of sadistic, cultured pornography. | |
| 10/01/2012 | Enforcement CPTournament: GSU | Round: Octos | Opponent: Northwestern LV | Judge:
Text: The Nuclear Regulatory Commission should issue a guidance document ignoring the penalty of shutting down reactors for violating license protocols and de-prioritize enforcement of the expansion of small modular nuclear reactors. The Nuclear Regulatory Commission shall issue an informal business memo to alert the small modular nuclear industries aware of this change.
CP is competitive and solves the case - Guidance documents have the power of law but are not binding – agencies voluntarily comply with rulesHunnicutt 1999 James JD – Boston College Law School “NOTE: Another Reason to Reform the Federal Regulatory System: Agencies' Treating Nonlegislative Rules as Binding Law” Boston College Law Review December, 41 B.C. L. Rev 153 Rules created without process--interpretative rules, general statements of policy, rules of AND the rule in court and have given up on the appeals process. 156 Lowering the shutdown penalty while maintaining regulation solves energy production – avoids the link to politicsHECC 12 -House Energy and Commerce Committee ("The Resolving Environmental and Grid Reliability Conflicts Act (H.R. 4273)," http://energycommerce.house.gov/news/PRArticle.aspx?NewsID=9750) The Resolving Environmental and Grid Reliability Conflicts Act, introduced by Reps. Pete Olson AND be subject to penalties when working with DOE to keep the lights on. Regulations are established by congress – agencies can make internal modifications that avoid political blameSchillaci 2007 William C. author of the book Most Misunderstood Regs March 27, “Reining in Guidance Documents” http://enviro.blr.com/whitepapers/ehs-management/epa-environmental-protection-agency/reining-in-guidance-documents/ "The phenomenon we see in this case is familiar. Congress passes a broadly AND and without publication in the Federal Register or the Code of Federal Regulations."
Solves the case quicklyAnthony 92 (Robert A., Foundation Professor of Law – George Mason University School of Law, “Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like -- Should Federal Agencies Use Them To Bind The Public?”, Duke Law Journal, June, 41 Duke L.J. 1311, Lexis) General knowledge of normal bureaucratic behavior permits us to postulate a basic general proposition AND a rigidly applied rule, with the effect of binding private parties. 314url:http://www.lexis.com/research/retrieve?_m=fc7e1839e2556e16ee93313f0611456aandcsvc=leandcform=and_fmtstr=FULLanddocnum=1and_startdoc=1andwchp=dGLzVlz-zSkAAand_md5=3f31cdbadbb71426f380a61d4c037ecb#n314||target="_self" No one will see the difference. The real world consequence is identical.Boer 99 (Tom J., Attorney – U.S. Environmental Protection Agency and JD – George Washington University Law School, “Review Of Interpretive Rules And Policy Statements Under Judicial Review Provisions Such As Rcra Section 7006(A)(1)”, Boston College Environmental Affairs Law Review, Spring, 26 B.C. Envtl. Aff. L. Rev. 519, Lexis)
n43 See, e.g., Asimow, supra note 19, at 383 AND effect is profoundly different, the real-world consequences are usually identical.
Guidance documents are meaningfully distinct from rulemakingRaso 2010 Connor N. J.D., Yale Law School expected 2010; Ph.D., Stanford University Department of Political Science expected 2010 “Note: Strategic or Sincere? Analyzing Agency Use of Guidance Documents” The Yale Law Journal January, 119 Yale L.J. 782 The term "guidance document" suggests a wide variety of regulatory materials. Examples AND Guidance documents are not subject to any of these requirements, however. 17 Memos aren’t law. “Practical effect” is irrelevant from a legal standpoint.Hunnicutt 99 (James, JD – Boston College Law School, “Another Reason to Reform the Federal Regulatory System: Agencies' Treating Nonlegislative Rules as Binding Law”, Boston College Law Review, December, 41 B.C. L. Rev 153, Lexis)
1. Factors Distinguishing Nonlegislative from Legislative Rules To distinguish whether a rule is nonlegislative AND .115url:http://www.bc.edu/bc_org/avp/law/lwsch/journals/bclawr/41_1/05_FTN.htm#F115||target="LAW_FTN" Nonlegislative rules, however, sometimes have practical legal effects.116url:http://www.bc.edu/bc_org/avp/law/lwsch/journals/bclawr/41_1/05_FTN.htm#F116||target="LAW_FTN"
The plan’s language means it must be Congress -~--It says “Federal Government” -~-- which means all branchesCunningham 97 (Representative, H.R. 123 Jan 7th – “Bill Emerson English Language Empowerment Act of 1997,” 105th Congress, 1st Session, http://www.humnet.ucla.edu/humnet/linguistics/people/grads/macswan/hr123.htm)
`Sec. 163. Official Federal Government activities in English `(a) CONDUCT AND and all employees and officials of the national Government while performing official business.
This specifically includes CongressU.S. Code 11 (Title 38, Part III, Chapter 43, Subchapter I, § 4303, “Definitions,” http://www.law.cornell.edu/uscode/us code38/usc_sec_38_00004303----000-.html)
(6) The term “Federal Government” includes any Federal executive agency, the legislative branch of the United States, and the judicial branch of the United States.
This isn’t nit-picking -~-- it’s the only grammatical interpretation of the planHurford 94 Linguistics Professor at Edinburgh, 94 (James R., General Linguistics Professor at the University of Edinburgh, Grammar: A Student’s Guide, “Singular”, p. 224)
Singular Explanation A singular noun or pronoun in a language typically refers to just one AND , as in The United States is ready to defend its vital interests.
“Resolved” is definite.Dictionary.com 06 (http://dictionary.reference.com/browse/Resolved, verb)
to come to a definite or earnest decision about; determine (to do something): I have resolved that I shall live to the full.
“Should” is immediate and mandatory.SUMMER ‘94 (Justice, Oklahoma City Supreme Court, http://www.oscn.net/applications/oscn/DeliverDocument.asp?CIteID= 20287#marker3fn14)
The legal question to be resolved by the court is whether the word “should AND . 336, 337, 27 L.Ed. 201 (1882). “Substantial” requires legal effectWords and Phrases 64 (40WandP 759)
The words" outward, open, actual, visible, substantial, and exclusive AND or pertaining to any others; undivided; sole; opposed to inclusive.
Only independent agency action breaks down administrative law -~-- the perm is exempt from notice-and-comment requirements because it establishes congruent legislationAnthony 94 (Robert A., Foundation Professor of Law – George Mason University School of Law, “"Interpretive" Rules, "Legislative" Rules and "Spurious" Rules: Lifting the Smog”, Administrative Law Journal, Spring, 8 Admin. L.J. Am. U. 1, Lexis)
II. WHY INTERPRETIVE RULES DIFFER FROM OTHER RULES THAT ARE MEANT TO BIND Agencies AND rules without doing what Congress says must be done to impose binding rules.
CP’s process violates the APA and undermines administrative law - perm doesn’t solve because it acts in accordance with legislationAnthony 92 (Robert A., Foundation Professor of Law – George Mason University School of Law, “Interpretive Rules, Policy Statements, Guidances, Manuals, And The Like Should Federal Agencies Use Them To Bind The Public?”, Duke Law Journal, June, 41 Duke L.J. 1311, Lexis) With one exception, the answer to the question in the title is "no AND use of nonlegislative policy documents is the capital problem addressed by this Article. Spills overKalen 8 (Sam, Visiting Assistant Professor – Penn State University, “The Transformation of Modern Administrative Law: Changing Administrations and Environmental Guidance Documents”, Ecology Law Quarterly, 35 Ecology L.Q. 657, Lexis) Early in the opinion, Judge Randolph foreshadowed the tenor of the court's decision. AND without publication in the Federal Register or the Code of Federal Regulations. 85 Key to expand access to broadbandStrauss 11 (Peter, Not David Paul, Betts Professor of Law – Columbia Law School, “The APA at 65- Is Reform Needed to Create Jobs, Promote Economic Growth and Reduce Costs?”, Congressional Documents and Publications, 2-28, Lexis) As you may know, I have for the last forty years been a scholar AND of the Federal Government and those affected by federal regulation and deregulation. n3
Mitigates the impact to biological terrorismLloyd ‘8 (Mark Lloyd is a Senior Fellow at the Center for American Progress. “Ubiquity Requires Redundancy: The Case for Federal Investment in Broadband” – Science Progress – January 18th – http://www.scienceprogress.org/2008/01/ubiquity-requires-redundancy/) ***Modified for bad language Americans are not more adverse to new technology compared to our neighbors to the north AND of the technologies needed to maintain our nation’s national defense and public safety. Causes US retaliation – nuclear warConley ’03 (Lt Col Harry W. is chief of the Systems Analysis Branch, Directorate of Requirements, Headquarters Air Combat Command (ACC), Langley AFB, Virginia. Air and Space Power Journal http://www.airpower.maxwell.af.mil/airchronicles/apj/apj03/spr03/conley.html) Our response to a “bolt-from-the-blue” CBW attack AND be more than just a possibility, whatever promises had been made.”48
The President and Congress won’t know about the CP - especially true in divided governmentRaso 2010 Connor N. J.D., Yale Law School expected 2010; Ph.D., Stanford University Department of Political Science expected 2010 “Note: Strategic or Sincere? Analyzing Agency Use of Guidance Documents” The Yale Law Journal January, 119 Yale L.J. 782 Agency leaders facing a Congress and President in agreement on their issue area have a AND the President are divided because the agency cannot please both of its superiors.
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| 10/01/2012 | T - Restriction is RegulationTournament: GSU | Round: Octos | Opponent: Northwestern LV | Judge: Definitions—A restriction is a limitation by statute or regulationBurton’s Legal Thesaurus ‘7 (Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.) restriction n. any limitation on activity, by statute, regulation or contract provision.
In energy policy, regulations refer to controlling economic entities through rulemakingEnergy Information Administration ’12 (Glossary of Terms, http://www.eia.gov/tools/glossary/index.cfm) Regulation: The governmental function of controlling or directing economic entities through the process of rulemaking and adjudication.
And, rulemaking refers to agency policies that have the force of lawEnergy Information Administration ’12 (Glossary of Terms, http://www.eia.gov/tools/glossary/index.cfm) Rulemaking (regulations): The authority delegated to administrative agencies by Congress or State legislative bodies to make rules that have the force of law. Frequently, statutory laws that express broad terms of a policy are implemented more specifically by administrative rules, regulations, and practices.
Also DOE is not in charge of NRC licensing- it just helps the NRC make its decisionWheeler 11 (Brian Wheeler - Associate Editor of Power Engineering) (February 11, “Small Modular Reactors Are "Hot"” proquest. Power Engineering. Volume 115. No. 2) The distant timeframe is for numerous reasons. The plan is to build a AND , which could in return lead to more clean energy on the grid.
Violation - The Aff just removes a barrier to energy production, not a codified restrictionPrefer our Interpretation—1) Limits—the amount of non-statutory restrictions and barriers to energy production are infinite, forces us to research any potential statement of opinion, court case, physical hazard, or economic disincentive that inhibits energy production. None of those have steady literature which makes it impossible to establish a clear research burden for the Neg2) Ground—non-statutory restrictions allow the Neg to claim no real change in policy which dodges both process and market change links to energy production | |
| 10/01/2012 | Court CPTournament: GSU | Round: Octos | Opponent: Northwestern LV | Judge: Definitions—A restriction is a limitation by statute or regulationBurton’s Legal Thesaurus ‘7 (Burton's Legal Thesaurus, 4E. Copyright © 2007 by William C. Burton. Used with permission of The McGraw-Hill Companies, Inc.) restriction n. any limitation on activity, by statute, regulation or contract provision.
In energy policy, regulations refer to controlling economic entities through rulemakingEnergy Information Administration ’12 (Glossary of Terms, http://www.eia.gov/tools/glossary/index.cfm) Regulation: The governmental function of controlling or directing economic entities through the process of rulemaking and adjudication.
And, rulemaking refers to agency policies that have the force of lawEnergy Information Administration ’12 (Glossary of Terms, http://www.eia.gov/tools/glossary/index.cfm) Rulemaking (regulations): The authority delegated to administrative agencies by Congress or State legislative bodies to make rules that have the force of law. Frequently, statutory laws that express broad terms of a policy are implemented more specifically by administrative rules, regulations, and practices.
Also DOE is not in charge of NRC licensing- it just helps the NRC make its decisionWheeler 11 (Brian Wheeler - Associate Editor of Power Engineering) (February 11, “Small Modular Reactors Are "Hot"” proquest. Power Engineering. Volume 115. No. 2) The distant timeframe is for numerous reasons. The plan is to build a AND , which could in return lead to more clean energy on the grid.
Violation - The Aff just removes a barrier to energy production, not a codified restrictionPrefer our Interpretation—1) Limits—the amount of non-statutory restrictions and barriers to energy production are infinite, forces us to research any potential statement of opinion, court case, physical hazard, or economic disincentive that inhibits energy production. None of those have steady literature which makes it impossible to establish a clear research burden for the Neg2) Ground—non-statutory restrictions allow the Neg to claim no real change in policy which dodges both process and market change links to energy production | |
| 10/01/2012 | Overstretch DATournament: GSU | Round: Octos | Opponent: Northwestern LV | Judge: The NRC is overstretched now – YOUR 1AC evidenceRysavy 9 (Charles F., Partner with KandL Gates LLP, Practiced for 20 years, “Small Modular Reactors”) Regulatory resources present one of the greatest challenges to a robust SMR program in the AND process with the NRC (NRC Public Meeting, Meeting Slides–DOE). The plan INCREASES the number of people that can apply for a lisence – swamping the NRC. That’s THEIR answer in cross-x.
The LINK ALONE turns the case – causes HUGE delays in licensing for nuclear powerWeaver 7 (Lynn, President Emirtus of Florida Intsitute of Technology, “Fund NRC Nuclear Power Licensing” ) The Nuclear Regulatory Commission has alerted several utilities that license reviews would be delayed at AND a renewal of their operating licenses. But it doesn't have the money.
Turns both advantages – if the US econ is low, then that will hurt the Chinese econ – and nuclear power is critical to sustaining the Chinese economyZhang No Date (Dejiang, Opening Ceremony of the International Ministeral Conference, http:~/~/www.caea.gov.cn/n602670/n2286996/n2287000/appendix/2009430134051.pdf(%%)) China started the development of nuclear energy in the early 1950s, and with the AND development and the ability of assured supply of nuclear fuel is being enhanced.
LOW threshold for the link – the NRC process is ALREADY slow – there is only a risk that the plan collapses a delicate balanceLuby 11(Abby, Freelance Journalist who has covered the Indian Point Nuclear Power AND effects -- think cancer clusters near nuke plants -- safety procedures, evacuations.
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| 10/01/2012 | DOE Tradeoff DATournament: GSU | Round: 2 and 6 | Opponent: Wayne State LM and Emory HR | Judge: Funding for fusion is on the chopping block – key to solve energy security and nuclear meltdowns ASP 8/3 – The American Security Project is a bipartisan initiative to educate the American public about the changing nature of national security in the 21st century (“Nick Cunningham and Andrew Holland: Through Innovation and Investment, U.S. Can Lead in Next-Generation Energy,” http://americansecurityproject.org/featured-items/2012/nick-cunningham-and-andrew-holland-through-innovation-and-investment-u-s-can-lead-in-next-generation-energy/)
In a recent Op-ed for AOL Energy, ASP Policy Analyst Nick Cunningham AND a nuclear meltdown like there is with the nuclear fission reactors of today. Plan trades offMuro 11 – Senior Fellow and Policy Director, Metropolitan Policy Program (Mark, 02/16, “Around the Halls: 'Cut to Invest' at the Department of Energy,” http://www.brookings.edu/research/opinions/2011/02/16-budget-energy-muro)
The Obama administration’s FY 2012 budget is all about arguing--perhaps somewhat rhetorically given AND sector. And that will require reform of DOE and the subsidy system.
Energy security solves great power war Luft 4, Director of the Washington D.C. based Institute for the Analysis of Global Security (Gal, Los Angeles Times, “U.S., China on Collision Course Over Oil” February 2, http://articles.latimes.com/2004/feb/02/opinion/oe-luft2, Date accessed: July 2, 2008)
Sixty-seven years ago, oil-starved Japan embarked on an aggressive expansionary AND we are still in a position to halt China’s slide into total dependency.
Meltdowns cause extinction Wasserman 1 (Harvey, Senior Editor – Free Press, “America's Terrorist Nuclear Threat to Itself”, October, http://www.wagingpeace.org/articles/2001/10/00_wasserman_nuclear-threat.htm)
The assault would not require a large jet. The safety systems are extremely complex AND core of our life and of all future generations must be shut down. | |
| 10/01/2012 | Authoritarianism Good DATournament: GSU | Round: 2 | Opponent: Wayne State LM | Judge: Cramer
The current government is unsustainable – Lack of restraint on liberty causes extinction Ophuls, former member of the U.S. Foreign Service, prof political science at NU, 1996 William, Part One, “Designing Sustainable Societies,” Ch 2 “Unsustainable Liberty, Sustainable Freedom,” Building Sustainable Societies, editor Dennis Pirages, p 33-35 Sustainable development is an oxymoron. Modern political economy in any form is unsustainable, AND the latter, it follows that restraints on individual liberty may be necessary.
This selfishness makes all impacts inevitable – weigh every right of the affirmative against extinction Ophuls, member of the U.S. Foreign Service and has taught political science at Northwestern University. He is the author of Ecology and the Politics of Scarcity, which won the International Studies Association’s Sprout Prize and the American Political Science Association’s Kammerer Award, 1997 William, Requiem for Modern Politics In the end, therefore, not only did the Enlightenment paradigm of politics fail AND encouraged the worst tendencies of human nature to flourish in the modern era.
Linear impact – every life saved now means ten dead in the future Ehrlich, 74 – Professor of Biology @ Stanford (Paul, New York Times)
Furthermore, there are other pernicious fallacies in the “what we as Americans can AND the point is now moot, since we have no more surplus food.
Social Control K/T Create Equality Ophuls, 1977 william, commissioned officer in the united states coast guard and as a foreign service officer with the department of state in d.c. and at the american embassies in abidjan, ivory coast and tokyo, japan. Received his doctorate in political science for yale university “the american political economy 1” ecology and the politics of scarcity, w. H. Freeman and company pg 187-188 The political stage is therefore set for a showdown between the claims of ecological scarcity AND cope with the hardness, much less the misery, of ecological scarcity?
Turns their case – the crunch is inevitable and resource scarcity will collapse modern government order into world wars Hanson ‘8, civil engineer from Hawaii, a retired systems analyst, Jay, “A BASIC IDEA OF HOW OUR GOVERNMENT WORKS,” 6-24-2008, http:~/~/www.warsocialism.com/htm(%%) Our Founders saw the “common good” as the sum of “individual goods AND tells us it must – then our present form of government becomes impossible too
Must act now – can’t get stuck in a time of two ages Ophuls 98 William, Commissioned officer in the United States Coast Guard and as a Foreign Service Officer with the Department of State in D.C. and at the American Embassies in Abidjan, Ivory Coast and Tokyo, Japan. Received his doctorate in political science for Yale University “The Politics of Scarcity” Ecology and the Politics of Scarcity, W. H. Freeman and Company pg xx /Moreover, the fact is that we are in a distressing predicament, and AND doom and gloom, but to promote a constructive response to the crisis.
Value to life, etc don’t make sense in the context of scarcity – lifeboat ethics turns and outweighs their feel-good impacts Elliott and Lamm, 2 - *Emeritus Associate Professor of Philosophy at the University of Florida and **former Governor of Colorado, Professor at the University of Denver, Executive Director of the University of Denver’s Center for Public Policy and Contemporary Issues (Herschel and Richard D, “A Moral Code for a Finite World,” The Chronicle Review, Volume 49, Issue 12, Page B0, The Chronicle of Higher Education, November 15, 2002, http:~/~/chronicle.com/free/v49/i12/12b00701.htm(%%))
What if global warming is a reality, and expanding human activity is causing irreparable AND a tragedy of the commons -- the collapse of both environment and society.
Their ethics link to the DA and cause extinction Rohe, 6 – J.D, Board of Directors of the Federation for American Immigration Reform (John F, “Book Review of "Ethics for a Finite World" by Herschel Elliott,” The Social Contract Journal, Volume 16, Number 2, Winter 2005-2006, http:~/~/www.thesocialcontract.com/artman2/publish/tsc1602/article_1381.shtml(%%)) Conventional ethics are enshrined in the United Nations' "universal human rights." The rights AND growth (in human numbers or consumption) is destined to be arrested.
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| 10/01/2012 | T - Should and FrameworkTournament: GSU | Round: 8 | Opponent: Georgetown CV | Judge: Miller A. Interpretation- “RESOLVED” indicates a determined stance
Webster’s Dictionary in 98 WEBSTER’S REVISED UNABRIDGED DICTIONARY 1998 (www.dictionary.com)
Having a fixed purpose; determined; resolute.
A) “Should” is immediate and mandatory.SUMMER ‘94 (Justice, Oklahoma City Supreme Court, http://www.oscn.net/applications/oscn/DeliverDocument.asp?CIteID= 20287#marker3fn14) The legal question to be resolved by the court is whether the word “should” 13 in the May 18 order connotes futurity or may be deemed a ruling in praesenti.14 The answer to this query is not to be divined from rules of grammar;15 it must be governed by the age-old practice culture of legal professionals and its immemorial language usage. To determine if the omission (from the critical May 18 entry) of the turgid phrase, “and the same hereby is”,(1) makes it an in futuro ruling – i.e., an expression of what the judge will or would do at a later stage – or (2) constitutes an in in praesenti resolution of a disputed law issue, the trial judge’s intent must be garnered from the four corners of the entire record.16 Nisi prius orders should be so construed as to give effect to every words and ever part of the text, with a view to carrying out the evident intent of the judge’s direction. 17 The order’s language ought not to be considered abstractly. The actual meaning intended by the document’s signatory should be derived from the context in which the phrase to be interpreted is used. 18 When applied to the May 18 memorial, these told canons impel my conclusion that the judge doubtless intended his ruling as an in praesenti resolution of Dollarsaver’s quest for judgment n.o.v. Approval of all counsel plainly appears on the face of the critical May 18 entry which is 885 P.2d 1358 signed by the judge. 19 True minutes20 of a court neither call for nor bear the approval of the parties’ counsel nor the judge’s signature. To reject out of hand the view that in this context “should” is impliedly followed by the customary, “and the same hereby is”, makes the court once again revert to medieval notions of ritualistic formalism now so thoroughly condemned in national jurisprudence and long abandoned by the statutory policy of this State. IV Conclusion Nisi prius judgments and orders should be construed in the manner which gives effect and meaning to the complete substance of the memorial. When a judge-signed direction is capable of two interpretations, one of which would make it a valid part of the record proper and the other would render it a meaningless exercise in futility, the adoption of the former interpretation is this court’s due. A rule – that on direct appeal views as fatal to the order’s efficacy the mere omission from the journal entry of a long and customarily implied phrase, i.e., “and the same hereby is” – is soon likely to drift into the body of principles which govern the facial validity of judgments. This development would make judicial acts acutely vulnerable to collateral attack for the most trivial reasons and tend to undermine the stability of titles or other adjudicated rights. It is obvious the trial judge intended his May 18 memorial to be an in praesenti order overruling Dollarsaver’s motion for judgment n.o.v. It is hence that memorial, and not the later June 2 entry, which triggered appeal time in this case. Because the petition in errir was not filed within 20 days of May 18, the appeal it untimely. I would hence sustain the appellee’s motion to dismiss.21 Footnotes: 1 The pertinent terms of the memorial of May 18, 1993 are: IN THE DISTRICT COURT OF BRYAN COUNTRY, STATE OF OKLAHOMA COURT MINUTE /18/93 No. C-91-223 After having heard and considered arguments of counsel in support of and in opposition to the motions of the Defendant for judgement N.O.V. and a new trial, the Court finds that the motions should be overruled. Approved as to form: /s/ Ken Rainbolt /s/ Austin R. Deaton, Jr. /s/ Don Michael Haggerty /s/ Rocky L. Powers Judge 2 The turgid phrase – “should be and the same hereby is” – is a tautological absurdity. This is so because “should” is synonymous with ought or must and is in itself sufficient to effect an inpraesenti ruling – one that is couched in “a present indicative synonymous with ought.” See infra note 15.3 Carter v. Carter, Okl., 783 P.2d 969, 970 (1989); Horizons, Inc. v. Keo Leasing Co., Okl., 681 P.2d 757, 759 (1984); Amarex, Inc. v. Baker, Okl., 655 P.2d 1040, 1043 (1983); Knell v. Burnes, Okl., 645 P.2d 471, 473 (1982); Prock v. District Court of Pittsburgh County, Okl., 630 P.2d 772, 775 (1981); Harry v. Hertzler, 185 Okl., 151, P.2d 656, 659 (1939); Ginn v. Knight, 106 Okl. 4, 232 P. 936, 937 (1925). 4 “Recordable” means that by force of 12 O.S. 1991 24 an instrument meeting that section’s criteria must be entered on or “recorded” in the court’s journal. The clerk may “enter” only that which in “on file.” The pertinent terms of 12 O.S. 1991 24 are: “Upon the journal record required to be kept by the clerk of the district court in civil cases…shall be termed copies of the following instruments on file” 1. All items of process by which the court acquired jurisdiction of the person of each defendant in the case; and 2. All instruments filed in the case that bear the signature of the end judge and specify clearly the relief granted or order made.” Emphasis added. 5 See 12 O.S. 1991 1116 which states in pertinent part: “Every direction of a court of judge made or entered in writing, and not included in a judgment is an order.” Emphasis added. 6 The pertinent terms of 12 O.S. 1993 696 3, effective October 1, 1993, are: “A. Judgments, decrees and appealable orders that are filed with the clerk of the court shall contain: 1. A caption setting forth the name of the court, the names and designation of the parties, the file number of the case and the title of the instrument; 2. A statement of the disposition of the action, proceeding, or motion, including a statement of the relief awarded to a party or parties and the liabilities and obligations imposed on the other party or parties; 3. The signature and title of the court;…”7 The court holds that the May 18 memorial’s recital that “the Court finds that the motions should be overruled” is a “finding” and not a ruling. In its pure form, a finding is generally not effective as an order or judgment. See, e.g., Tillman v. Tillman, 199 Okl. 130, 184 P.2d 784 (1947), cited in the court’s opinion. 8 When ruling upon a motion for judgment n.o.v. the court must take into account all the evidence favorable to the party against whom the motion is directed and disregard all conflicting evidence favorable to the movant. If the court should concluded that the motion is sustainable, it must hold, as a matter of law, that there is an entire absence of proof tending to show a right to recover. See Austin v. Wilkerson, Inc., Okl., 519 P.2d 899, 903 (1974). 9 See Bullard v. Grisham Const. Co., Okl., 660 P.2d 1045, 1047 (1983), where this court reviewed a trial judge’s “findings of fact”, perceived as a basis for his ruling on a motion for judgment in n.o.v. (in the face of a defendant’s reliance on plaintiff’s contributory negligence). These judicial findings were held impermissible as an invasion of the providence of the jury proscribed by OKLA. CONST. ART, 23 6 Id. At 1048. 10 Everyday courthouse parlance does not always distinguish between a judge’s “finding”, which denotes nisi prius resolution of face issues, and “ruling” or “conclusion of law”. The latter resolves disputed issues of law. In practice usage members of the bench and bar often confuse what the judge “finds” with what the official “concludes”, i.e., resolves as a legal matter. 11 See Fowler v. Thomsen, 68 Neb. 578, 94 N.W. 810, 811-12 (1903), where the court determined a ruling that “1 find from the bill of particulars that there is due the plantiff the sum of…” was a judgment and not a finding. In reaching its conclusion the court reasoned that “effect must be given to the entire in the docket according to the manifest intention of the justice in making them.” Id., 94 N.W. at 811. 12 When the language of a judgment is susceptible of two interpretations, that which makes it correct and valid is preferred to one that would render it erroneous. Hale v. Independent Powder Co., 46 Okl. 135, 148 P. 715, 716 (1915); Sharp v. McColm, 79 Kan. 772, 101 P. 659, 662 (1909); Clay v. Hildebrand, 34 Kan. 694, 9 P. 466, 470 (1886); see also 1 A.C. FREEMAN LAW OF JUDGMENTS 76 (5th ed. 1925). 13 “Should” not only is used as a “present indicative” synonymous with ought but also is the past tense of “shall” with various shades of meaning not always to analyze. See 57 C.J. Shall 9, Judgments 121 (1932). O. JESPERSEN, GROWTH AND STRUCTURE OF THE ENGLISH LANGUAGE (1984); St. Louis and S.F.R. Co. v. Brown, 45 Okl. 143,144 P. 1075, 1080-81 (1914). For a more detailed explanation, see the Partridge quotation infra note 15. Certain contexts mandate a construction of the term “should” as more than merely indicating preference or desirability. Brown, supra at 1080-1081 (jury instructions stating that jurors “should” reduce the amount of damages in proportion to the amount of contributory negligence of the plaintiff was held to imply an obligation and to be more than advisory; Carrrigan v. California Horse Racing Board, 60 Wash. App. 79, 802 P.2d 813 (1990) (one of the Rules of Appellate Procedure requiring that a party “should devote a section of the brief to the request for the fee and expenses” was interpreted to mean that a party under an obligation to included the requested segment); State v. Rack, 318 S.W.2d 211, 215 (Mo. 1958) (“should” would mean the same as “shall” or “must” when used in an instruction to the jury which tells the triers they “should disregard false testimony”). 14 In praesenti means literally “at the present time.” BLACK’S LAW DICTIONARY 792 (6th Ed. 1990). In legal parlance the phrase denotes that which in law is presently or immediately effective, as opposed to something that will or would become effective in the future in futurol. See Van Wyck v. Knevals, 106 U.S. 360, 365, 1 S.Ct. 336, 337, 27 L.Ed. 201 (1882).
C) Substantial requires that the increase be definite and immediateWords and Phrases 64, (40 WandP 759) The words “outward, open, actual, visible, substantial, and exclusive,” in connection with a change of possession, mean substantially the same thing. They mean not concealed, not hidden; exposed to view; free from concealment, dissimulation, reserve, or disguise; in full existence; denoting that which no merely can be, but is opposed to potential, apparent, constructive, and imaginary; veritable; genuine; certain; absolute; real at present time, as a matter of fact, not merely nominal; opposed to form; actually existing; true; not including, admiring, or pertaining to any others; undivided; sole; opposed to inclusive.
(D)Substantially is without material qualificationBlack’s Law Dictionary 1991 p. 1024 Substantially - means essentially; without material qualification.
B. Violation: Genealogies are indeterminate AND the plan happens in the PASTConnolley 87 William Connolley, Professor of Political Theory at Johns Hopkins University, Politics and Ambiguity p. 153-4
These points of concord accentuate the fundamental difference between the two accounts. What genealogy AND , while necessary and desirable, must not be allowed to exhaust life.
Prefer our Interpretation Limits for preparation. There are thousands of possible cases in which alternative histories can be presented. We cannot be expected to predict and have relevant arguments prepared for each one. Imagining the debate ending in a resolution for and implementation of USFG action gives affirmative predictable and defensible options.Ground for clash. There is ample literature on this topic where constructive engagement alternatives are deliberated. This allows us to run specific counterplans and disadvantages. Their interpretation encourages speculation that hurt comparison.
20-20 hindsight – they get to look at history from whatever perspective they want knowing full well how history progressedStable Advocacy – A consistent argument on the Affirmative yields the most in-depth education and the most equitable playing field for both teamsTopicality is a voting issue – because if it wasn't teams would run unbeatable truths like 2+2=4 and debate would become impossible.
Interpreting ‘should’ in the past tense is an antiquated use that’s ignored in modern rules of grammar
AHD ‘2K (American Heritage Dictionary, p. 1612) Usage Note Like the rules governing the use of shall and will on which they AND of by writers who have mistaken the source of the spoken contraction should’ve.
limiting the meaning of words is key to effective discussion
Kemerling ‘97 (Garth, Professor of Philosophy – Newberry College, http:~/~/www.philosophypages.com/lg/htm(%%)) We've seen that sloppy or misleading use of ordinary language can seriously limit our ability AND the change, it has offered a (possibly useful) precising definition.
Precise definition of terms is critical to prevent political manipulation of language that risks war
Heywood ‘2K (Andrew, Director of Studies – Orpington College, Key Concepts in Politics, p.3-4) Concepts have a particular interest for students of politics. It is no exaggeration to AND with value judgments and ideological implications of which their users may be unaware.
Failing to focus on the political capacity to change the present results in the depoliticisation of political responsibility towards bureaucratic agencies—that encourages technocratic and dogmatic domination of energy policy, independently flips the Aff Kuzemko 12 Caroline Kuzemko, CSGR University of Warwick, Security, the State and Political Agency: Putting ‘Politics’ back into UK Energy, http:~/~/www.psa.ac.uk/journals/pdf/5/2012/381_61.pdf(%%) Both Hay (2007) and Flinders and Buller (2006) suggest that there AND cf. Kuzemko 2012b: 61-66; Wood 2011: 7).
Enforcing a limit on the Affirmative is key to create repoliticization—bracketing our discussions to exclusively what the government should do in the here and now is necessary to repoliticize Kuzemko 12 Caroline Kuzemko, CSGR University of Warwick, Security, the State and Political Agency: Putting ‘Politics’ back into UK Energy, http:~/~/www.psa.ac.uk/journals/pdf/5/2012/381_61.pdf(%%) This observation brings us on to the way in which debates and narratives within political AND (DECC), with specific mandates to deliver on energy and climate security.
A focus on reforming policies is necessary, not on criticism of the utopianism of technology or a focus on the mistakes of the past. That encourages a total disconnect from the material conditions that exist and affect people in the status quo, is more irresponsible McClean, 01 – Adjunct Professor of Philosophy, Molloy College, New York (David E., “The Cultural Left and the Limits of Social Hope,” Presented at the 2001 Annual Conference of the Society for the Advancement of American Philosophy, www.american-philosophy.org/archives/past_conference_programs/pc2001/Discussion%20papers/david_mcclean.htm, JMP) There is a lot of philosophical prose on the general subject of social justice. AND . That is to say, they are not easily explained at all.
Bidirectionality link—counterfactuals double the topic by allowing both future-oriented and retrospective debates
Broda-Bahm ’02 (Kenneth, Associate Professor of Communication Studies – Towson U., “A Counterfactual Theory of Fiat”, Perspectives in Controversy, Ed. Broda-Bahm, p. 193-4) The applicability of counterfactual analysis to debate has been called into question (Berube and AND thinking about possible futures and prepares us for those futures” (510).
Criteria for what debate is—it’s nothing more than a game. Nothing leaves the round, you decide a winner, and a loser. Conceptualizing debate as an educational game solves problem-solving and leads to better decision-making, prioritizing the limits and fairness of the game is keyHanghoj 8 Thorkild Hanghøj, Copenhagen, 2008 Since this PhD project began in 2004, the present author has been affiliated with DREAM (Danish Research Centre on Education and Advanced Media Materials), which is located at the Institute of Literature, Media and Cultural Studies at the University of Southern Denmark. Research visits have taken place at the Centre for Learning, Knowledge, and Interactive Technologies (L-KIT), the Institute of Education at the University of Bristol and the institute formerly known as Learning Lab Denmark at the School of Education, University of Aarhus, where I currently work as an assistant professor. http:~/~/static.sdu.dk/mediafiles/Files/Information_til/Studerende_ved_SDU/Din_uddannelse/phd_hum/afhandlinger/2009/pdf ***modified gender language While Dewey focused on the imaginative and creative aspects of play in relation to the AND “generalised” relationship between real-life politicians and their political parties.
Decision making skills are necessary to solve existential threats—now is uniquely key because of increasing complexity and lack of information literacy Lundberg 10 (Lundberg, Christian O., professor of communications at the University of North Carolina, Chapel Hill, “ The Allred Initiative and Debate Across the Curriculum: Reinventing the Tradition of Debate at North Carolina”, Navigating Opportunity: Policy Debate in the 21st Century) The second major problem with the critique that identifies a naivety in articulating debate and AND concrete work to realize an expanded commitment to debate at colleges and universities.
An emphasis on limits is key to solve the Aff—focusing on problem solving under constraints is necessary to foster innovation in decision-making, the Aff’s examination of history is the equivalent of flailing about Intrator 10 (Intrator, David, President of The Creative Organization and musical composer, October 22, 2010,“Thinking Inside The Box: A Professional Creative Dispels A Popular Myth”, Training, http:~/~/www.trainingmag.com/article/com/article/thinking-inside-box(%%)) FS One of the most pernicious myths about creativity, one that seriously inhibits creative thinking AND to build your box and play by the rules of your own creation.
A clearly defined, predictable point of stasis is necessary to productive debate that yields good decision-making skills Freeley and Steinberg 08 (Freeley, Austin J., PhD and director of debate at John Carroll University from 1958-85, and Steinberg, David L., communications lecturer and director of debate at U. of Miami, 2008 edition, “Argumentation and Debate: Critical Thinking for Reasoned Decision Making”, GoogleBooks, p. 1-67) FS Debate is a means of settling differences, so there must be a difference of AND Congress to make progress on the immigration debate during the summer of 2007.
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| 10/01/2012 | ElectionsTournament: GSU | Round: Octos | Opponent: Northwestern LV | Judge: Obama winning – electoral vote counts.Bombay 9-21. Scott, Editor-in-Chief of the National Constitution Center, "Swing state polls put Obama closer to election-day win" Constitution Daily -- blog.constitutioncenter.org/2012/09/swing-state-polls-put-obama-closer-to-election-day-win/ Expect a flurry of campaign activity in nine battleground states until Election Day: The AND Also, internal polls conducted by candidates can differ greatly from public polls.
SMRs unpopular Taso ‘11 (Firas Eugen Taso, “21st Century Civilian Nuclear Power and the Role of Small Modular Reactors”, Fletcher School of Law and Diplomacy; Tufts University, May 2011 http:~/~/search.proquest.com.ezproxy1.lib.asu.edu/docview/877618836url:http://search.proquest.com.ezproxy1.lib.asu.edu/docview/877618836(%%), 8-2-12) Paolo Ferroni also mentions that SMRs would not solve the public concern over nuclear power AND , unless something changes dramatically, not only incrementally, in public perception. Only obama’s approval rating matters – Romney is irrelevantCook, 12 (Charlie, Cook Political Report, National Journal, 3/29, http://cookpolitical.com/node/12313 When you look back at Barack Obama’s 7-point victory over John McCain in AND usually a referendum on that person rather than a choice between two people.
Romney jacks Russia relationsLyman 12. John – editor-in-chief of International Policy Digest, “Romney’s Foreign Policy and Russia” International Policy Digest -- March 30 -- http://www.internationalpolicydigest.org/2012/03/30/romneys-foreign-policy-and-russia/ U.S.-Russian relations transcend the United Nations and other multilateral institutions. AND facilitating America’s withdrawal from Afghanistan if he defeats Mr. Obama in November.
Relations solve miscalc and nuclear warGottemoeller 8 (Rose Gottemoeller was appointed Director of carnegie moscow center in January 2006. formerly, Gottemoeller was a senior associate at the carnegie endowment, where she held a joint appointment with the Russian and eurasian Program and the Global Policy Program. a specialist on defense and nuclear issues in Russia and the other former soviet states, Gottemoeller’s research at the endowment focused on issues of nuclear security and stability, nonproliferation, and arms control, the Carnegie Endowment for International Peace is a private, nonprofit organization dedicated to advancing cooperation between nations and promoting active international engagement by the United States, “Russia-US Security Relations after Georgia” available at http://www.carnegieendowment.org/files/russia_us_security_relations_after_georgia.pdf) No holds barred, no rules—the United States and Russia may be heading AND friendship the two countries had developed, it could now be a lifeline.
probability—question of miscalculation, not intent, that’s likely with RomneyAP ’11 (Associate press, “Top Russian general: NATO expansion raises danger of nuclear conflict,” http://www.haaretz.com/news/international/top-russian-general-nato-expansion-raises-danger-of-nuclear-conflict-1.396185) Russia is facing a heightened risk of being drawn into conflicts at its borders that AND ally, or a large-scale conventional attack that threatens Russia's existence.
Timeframe—causes extinction in 30 minutesMINTZ ‘1 – Washington Post (Morton, Former Chair – Fund for Investigative Journalism and Former Washington Post Reporter, The American Prospect, “Two Minutes to Launch”, http://www.prospect.org/cs/articles?article=two_minutes_to_launch)
Hair-trigger alert means this: The missiles carrying those warheads are armed and AND would be, basically, a nuclear war by checklist, by rote."
EconomyRojansky and Collins, ’10 – an ex-US ambassador to the Russian Federation James F. Collins – Director, Russia and Eurasia Program at the Carnegie Endowment and an ex-US ambassador to the Russian Federation, Matthew Rojansky – the deputy director of the Russia and Eurasia Program at the Carnegie Endowment, August 18, 2010, “Why Russia Matters”, http://www.foreignpolicy.com/articles/2010/08/18/why_Russia_matters,
10. Russians buy U.S. goods. As the U.S AND to maintain relations with Russia. And good relations would be even better.
ChinaGraham 09, Thomas, senior director at Kissinger Associates, Inc. He served as special assistant to the president and senior director for Russia on the National Security Council staff “ Resurgent Russia and U.S. Purprposes” The Century Foundation, foreign policy and economic think tank, http:~/~/tcf.org/events/pdfs/ev257/pdf(%%) NEH ) The rise of China already is having a major impact on the global economy AND to build these structures, but cooperation with Russia would ease the task.
HegemonySIMES 2003 (Dmitri, President of the Nixon Center, FDCH Political Testimony, 9-30) At the same time, U.S. leaders increasingly recognized the emerging, AND ) and indirectly (by abetting those determined to resist, or not).
Obama re-election will result in CTBT ratification – Romney will re-start testing. Schneidmiller 12. Chris, Editor @ GSN and National Journal, “National Academies Report is “Grist” for CTBT Debate: Gottemoeller” Global Security Newswire -- June 15 -- http://www.nti.org/gsn/article/national-academies-report-grist-ctbt-debate-gottemoeller/ A recent report from a respected research organization will be “grist” for debate AND or perhaps even could open the door to a resumption of trial blasts.
US Ratification Is Key To Prevent Global Prolif and Nuke War. DAVIS 7. Dr. Ian, Co-Executive Director of the British American Security Information Council, “Getting the Nuclear Test Ban Treaty Back on Track” Huffington Post -- April 11 This can't happen too soon. North Korea has marched through the open door with AND and European political agenda and move to secure ratification by other key states.
Escalates to extinction. Utgoff 2 (Victor A., Deputy Director of the Strategy, Forces, and Resources Division of the Institute for Defense Analysis, Survival Vol 44 No 2 Proliferation, Missile Defence and American Ambitions, p. 87-90) In sum, widespread proliferation is likely to lead to an occasional shoot-out AND a hill to bury the bodies of dead cities or even whole nations.
Obama re-election key to health care reformNather 11. David, health care editor, congressional reporter, “Health care reform's fate could be determined by 2012 races” Politico -- October 8 -- http://www.politico.com/news/stories/1011/65426.html Think the Supreme Court is the only place to watch for the future of health AND It's still speculative, but keep an eye on that scenario, too.
Universal Health Care key to bioterror readiness and response.Sklar 2. Holly, Coauthor of “Raise the Floor”, Knight Ridder/Tribune News Service, “Rolling the Dice on Our Nations’ Health”, December 19, http://www.commondreams.org/views02/1219-07.htm Imagine if the first people infected in a smallpox attack had no health insurance and AND which will save lives everyday while boosting our readiness for any bioterror attack.
Bioterror attack causes extinction.Steinbruner 98 John; Senior Fellow – Brookings Institute “Biological Weapons: A plague upon all houses” Foreign Policy Winter Although human pathogens are often lumped with nuclear explosives and lethal chemicals as potential weapons AND for a global contagion of this sort but not necessarily its outer limit.
Voters just started paying attention and media spotlight is intensifiedGarofoli 9-8. Joe, journalist, "Critical time in presidential campaign" San Francisco Chronicle -- www.sfgate.com/politics/joegarofoli/article/Critical-time-in-presidential-campaign-3850847.php Americans will choose their next president in less than two months and the race is AND enhanced her foreign policy credentials because her state was so close to Russia.
Now is key – defining moments of the campaign are in the last two months.Fahrenthold 9-7. David, reporter covering Capitol Hill, David Nakamura, reporter, "Obama, Romney embark on post-convention drive to Election Day" Washington Post -- www.washingtonpost.com/politics/obama-romney-embark-on-post-convention-drive-to-election-day/2012/09/07/df887d98-f8f0-11e1-8b93-c4f4ab1c8d13_story.html Two months left. Now — after a fever-dream year of caucusing and AND , a professor at American University. “Most people have real lives.”
And, no thumpers—Nuclear energy will actually decline in the squoBiello ’12 (David Biello, Award-winning journalist writing primarily about the environment and energy. I’ve been writing for Scientific American since November 2005 and have written on subjects ranging from astronomy to zoology for both the Web site and magazine. I’ve been reporting on the environment and energy since 1999—long enough to be cynical but not long enough to be depressed. I am the host of the 60-Second Earth podcast, a contributor to the Instant Egghead video series and author of a children’s book on bullet trains. I also write for publications ranging from Good to Yale e360, speak on radio shows such as WNYC’s The Takeaway, NHPR’s Word of Mouth, and PRI’s The World as well as host the duPont-Columbia award winning documentary “Beyond the Light Switch” for PBS, “Nuclear Reactor Approved in U.S. for First Time Since 1978”, http:~/~/www.scientificamerican.com/article.cfm?id=first-new-nuclear-reactor-in-us-since-1978-approvedandpage=2url:http://www.scientificamerican.com/article.cfm?id=first-new-nuclear-reactor-in-us-since-1978-approvedandpage=2(%%), February 9, 2012, LEQ) NEW CONSTRUCTION: The U.S. government approved plans to build two AND end of the decade. "We're in danger of missing that window." And the DOE funding is susceptible to cuts- will be guttedYurman ’12 (Dan Yurman, Dan Yurman publishes Idaho Samizdat, a blog about nuclear energy, and is a frequent contributor to ANS Nuclear Café, “Competition heats up for DOE SMR funding”, http:~/~/ansnuclearcafe.org/2012/04/20/competition-heats-up-for-doe-smr-funding/http://ansnuclearcafe.org/2012/04/20/competition-heats-up-for-doe-smr-funding/(%%), April 20, 2012, LEQ)
The race to win $452 million in cost-shared funding from the U AND DOE will be able to deliver on a five-year funding commitment.
Obama is winning but it’s not locked up – events could still swing the race. Harwood 9-18. John, Chief Washington Correspondent, "Obama widens lead in polls as Romney faces challenges" CNBC -- www.cnbc.com/id/49073716 President Barack Obama has emerged from the conventions of both political parties with a clear AND consider an important sign of an incumbent's ability to win re-election.
Silver says 76% chance. Silver 9-21. Nate, political polling genius, "Sept. 20: Obama’s Convention Bounce May Not Be Receding" Five Thirty Eight -- fivethirtyeight.blogs.nytimes.com/2012/09/21/sept-20-obamas-convention-bounce-may-not-be-receding/#more-34814 President Obama’s position inched forward in the FiveThirtyEight forecast on Thursday. His chances of AND and he has had close to 50 percent of the vote in them.
Base mobilization.Leighton 9-19. Kyle, Editor of TPM Media's PollTracker, "Pew: Obama Leads By 8 Points, DNC Bolsters Dem Enthusiasm" Talking Points Memo -- 2012.talkingpointsmemo.com/2012/09/pew-dnc-obama-romney-poll-democratic-enthusiasm.php President Obama has an 8-point lead over Mitt Romney among likely voters, AND a 4.1 edge in the PollTracker Average of the national race.
Approval ratings and economic optimism.WSJ 9-18. "Obama extends lead in new poll" -- online.wsj.com/article/SB10000872396390443720204578004562877476102.html Buoyed by an upswing in economic optimism, President Barack Obama has strengthened his support AND and voters give him higher marks for handling foreign policy and the economy.
Energy key election issue.Skorobogatov 12. Yana, intern @ StateImpact Texas – a collaboration of public radio stations focused on environmental and energy issues coordinated by NPR,“Poll: Consumers favor domestic energy production, natural gas” State Impact -- April 10 -- http://stateimpact.npr.org/texas/2012/04/10/poll-consumers-favor-domestic-energy-production-natural-gas/ Americans will likely take their views on energy issues to the voting booth this November, according to a new national poll by The University of Texas at Austin. The survey found that 65 percent of respondents considered energy to be an important presidential issue.
The GOP will attack Obama on energy.Belogolova 12. Olga, energy and environment policy reporter, “Insiders: Outreach to Oil Industry Won't Help Obama” National Journal -- May 17 -- lexis Insiders said that energy issues will continue to be a sticking point in this election AND record to make sure he doesn't get away with trying to mask it."
Gas prices not the key.Trumbull 12. Mark, staff writer, “Obama trails Romney in new poll. Are gas prices the key?” Christian Science Monitor -- March 12 -- http://www.csmonitor.com/USA/Elections/President/2012/0312/Obama-trails-Romney-in-new-poll.-Are-gas-prices-the-key Not every American punches his or her ballot based on pump prices, of course AND recent price hikes. Only 12 percent put primary blame on the president.)
Public doesn’t blame Obama for gas pricesPew 12. Pew Research Center "Public spreads blame for rising gas prices" March 1 -- www.people-press.org/2012/03/01/public-spreads-blame-for-rising-gas-prices/ The public spreads the blame for the recent rise in gasoline prices. While 18 AND Post, conducted Feb. 23-26 among 1,005 adults.
Economy wont’ determine this election.The Week 12. “What's behind President Obama's swing-state surge? 6 theories” August 1 -- http://theweek.com/article/index/231400/whats-behind-president-obamas-swing-state-surge-6-theories 6. The economy is no longer a major factor ¶ "Usually voter preferences AND Obama's "efforts to define him in a negative light cripple his candidacy."
Only risk of the link—public doesn’t know the difference between reactor typesInfoShop News 6/22/12 (“Integral Fast Nuclear Reactors: The Latest Confidence Trick from the Nuclear Lobby”) The nuclear lobby seems to get quite irate when some amateur comes along and criticises AND in the minds and on some bits of paper of the nuclear boffins.
Only a risk of the link – public massively opposed to nuclear expansion and there’s no constituency to lobby for the plan.CSI 12. Civil Society Institue, “SURVEY: CONGRESS, WHITE HOUSE FOCUS ON FOSSIL FUELS, NUCLEAR POWER IS OUT OF TOUCH WITH VIEWS OF MAINSTREAM AMERICA” November 3 -- http://www.civilsocietyinstitute.org/media/110311release.cfm If Congress thinks it has found a winning issue in trashing wind and solar power AND are actually quite striking findings in the context of the 2012 election campaign."¶
Their link turns assume squo levels of nuke power – the world of the aff is massively unpopular – how the question is asked is key – prefer our link.Mariotte 12. Michael, Executive Director of Nuclear Information and Resource Service, “Nuclear Power and Public Opinion: What the polls say” Daily Kos -- June 5 -- http://www.dailykos.com/story/2012/06/05/1097574/-Nuclear-Power-and-Public-Opinion-What-the-polls-say Conclusion 3: On new reactors, how one asks the question matters.¶ Gallup AND 33 percent supported building a nuclear power plant in their own local area.”
Assumes Obama and democrats campaign on that victory – plan ensures they won’t – only risk of the link, not the link turn.Creamer, 11. Robert, he and his firm, Democracy Partners, work with many of the country’s most significant issue campaigns, one of the major architects and organizers of the successful campaign to defeat the privatization of Social Security, he has been a consultant to the campaigns to end the war in Iraq, pass health care, pass Wall Street reform, he has also worked on hundreds of electoral campaigns at the local, state and national level, "Why GOP Collapse on the Payroll Tax Could be a Turning Point Moment," Huffington Post, 12-23-11, www.huffingtonpost.com/robert-creamer/why-gop-collapse-on-the-p_b_1167491.html Now the tide has turned. And when the tide turns -when you have them on the run - that's the time to chase them. THEIR CARD ENDS We won't know for sure until next November whether this moment will take on the same iconic importance as Clinton's battle with Gingrich in 1995. But there is no doubt that the political wind has shifted. It's up to Progressives to make the most of it.
Running on the record puts incumbents on the defense – allows the challenger to spin the plan.Trent and Friedenberg 8. Judith, Professor of Communication in the Department of Communication at the University of Cincinnati, Robert, Professor of Communication @ Miami of Ohio University, “Communicative Styles and Strategies of Political Campaigns” Political Campaign Communication: Principles and Practices, Sixth Edition -- p. 104-105 Disadvantages to Incumbency Campaigning But under what conditions can incumbents lose? In other words AND be a severe handicap, particularly in the hands of a skilled challenger.
Florida not key to Obama.Smith 12. Adam, political editor, “The tricky 2012 math for President Barack Obama” Tampa Bay Times -- October 11 -- http://www.tampabay.com/news/politics/national/the-tricky-2012-math-for-president-barack-obama/1196157 There's good news for President Barack Obama as he sweeps into Florida today to raise AND , Obama overwhelmingly won the electoral vote, 365 to John McCain's 173.
And Romney rhetoric sparks latent paranoia in Russian officials – GOP victory guarantees collapse of relations. (duplicated in Obama Key) Bandow 12. Doug – senior fellow at the Cato Institute, Romney and Russia: Complicating American Relations, National Interest -- April 23 -- http://nationalinterest.org/blog/the-skeptics/romney-russia-complicating-american-relationships-6836 Mitt Romney has become the inevitable Republican presidential candidate. He’s hoping to paint Barack AND However, Washington should not give Moscow additional reasons to indulge its paranoia.
Russian economy growing and resilient – assumes current global crisis Reuters 10/25/11 (“Update 1-Russian economic growth gains speed in Q3” http:~/~/www.reuters.com/article/2011/10/25/com/article/2011/10/25/russia-economy-idUSL5E7LP46T20111025(% style="FONT-SIZE: 8pt; mso-bidi-font-size: 11.0pt" %))
Russia's gross domestic product (GDP) grew 5.1 percent in the third AND remains seemingly resilient despite global economic turmoil and disappointing industrial output in September.
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| 10/06/2012 | Hiroshima KTournament: Kentucky | Round: 1 | Opponent: UTSA NS | Judge: Eric Short Their sympathy for the people who died at Hiroshima and Nagasaki is obscene – it puts them in league with the worst atrocities in human history Newman, 95 Robert P., Professor Emeritus, University of Pittsburgh, won Gustavus Myers Center Outstanding Book on Human Rights Award, nominated for the Pulitzer Prize, the National book award, “Truman and the Hiroshima cult” 136-139 But this is not the end of the matter; a more sympathetic AND in its death throes beyond July 1945.
Japanese atrocities were worse than atomic bombings – treating Japan as the victim ignores history and endorses militarism Newman, 95 Robert P., Professor Emeritus, University of Pittsburgh, won Gustavus Myers Center Outstanding Book on Human Rights Award, nominated for the Pulitzer Prize, the National book award, “Truman and the Hiroshima cult” 166-168 In February 1953, Minister of Education Okano Seigo told the Diet, "I AND purpose: to end the war. The Nanking massacre was sheer bestiality.
Proves they’re the bad kind of absolutism if we win the facts of the historical debate, then they’re saying its ethical to kill people Bogdanor, 2008 Paul, British Author and expert on Jewish History, Replies to “The Atomic Bomb and Hiroshima: The “least abhorrent choice”” mettaculture wrote:- Your argument for the moral acceptability of the Atomic bombing of AND have chosen to kill millions of innocent people rather than tens of thousands.
It was good that the West actually bombed Japan ---- the 1AC tries to whitewash this by claiming that the West should have focused on the Hiroshima incident like the Fukushima disaster -~--– you must vote negative to challenge their discursive violence Newman, 95 Robert P., Professor Emeritus, University of Pittsburgh, won Gustavus Myers Center Outstanding Book on Human Rights Award, nominated for the Pulitzer Prize, the National book award, “Truman and the Hiroshima cult” 75-76 About eradicating Japanese militarism, we cannot be so certain. Most early reports from AND , and other distortions of history are still strongly supported in Japan.82
They buy into the cult of Hiroshima – they trivialize those deaths from Fukushima by putting it on the same level as the Hiroshima bombings, which justifies atrocities Newman, 95 Robert P., Professor Emeritus, University of Pittsburgh, won Gustavus Myers Center Outstanding Book on Human Rights Award, nominated for the Pulitzer Prize, the National book award, “Truman and the Hiroshima cult” xi-xii I take the meaning of "cult" from Merriam-Webster's Ninth New Collegiate AND as such; rather it is on the arguments they use to proselytize. | |
| 10/27/2012 | TERA PICTournament: Harvard | Round: 4 | Opponent: Northwestern KM | Judge: Bricker
CP:
The United States Federal Government should end Title V of the Energy Policy Act of 2005 Section 3504 restrictions that allow the Secretary of the Interior to block the production of wind and/or solar energy.
CP Text:The United States federal government should:· reinstate federal liability in Tribal Energy Resource Agreements.· allow identification and incorporation of environmental mitigation measures at the discretion of individuals entering into Tribal Energy Resource Agreements.· acknowledge successful Public Law 638 compacts and contracts as equivalent to demonstrated capacity.· stream-line approval of Tribal Energy Resource Agreements and automatically approve Tribal Energy Resource Agreement proposals pending 271 days if inaction is taken on behalf of the Secretary of the Interior.
NB
The plan opens up the floodgates for renewables – justifies corporate exploitation – Turns the aff – recreates neo-colonial structuresMills 11 (Andrew D, Energy and Resources Group at UC Berkeley, Wind Energy in Indian Country: Turning to Wind for the Seventh Generation,") Broadly, the idea of dependency is summarized in the common phrase “the development of underdevelopment.” Dependency is a critique of the idea of the economic base in that underdeveloped regions become specialists in providing raw materials and resources that are used in developed regions to create manufactured goods. Substantial value is added to products in the latter stages of processing, but very little of that value is transferred to the developing region. Furthermore, when large multi-national companies control the extraction of the resources the developing region often forgoes the opportunity to build capacity in the production of the base resource. Instead, the local economy simply provides access to the resource and unskilled or semiskilled laborers (See Palma 1989 and Kay 1991). Beyond the lack of opportunity to capture value, the dependency critique argues that the success of developing a base resource can distort the structure of the regional economy. Instead of entrepreneurs developing a strong, diversified economy, the businesses that do emerge in the regional economy are oriented toward providing services to the large industrial companies that extract resources (Gunton 2003, 69). The services provided by the government can become focused on increasing the development of just one sector and income to the government becomes tied to the production of the resource. The economy of the entire region and the services provided by the government become linked to the price of the export resource. Moreover, if the resource is depleteable, the economy contracts as the resource becomes more and more difficult to extract in comparison to alternative resources. One measure of the degree of specialization in the production of energy resources is called the “oil dependency” metric. The “oil dependency” of the Navajo Nation is the ratio of the value of the energy exports (oil, coal, and gas) to the gross regional product of the Navajo Nation (Ross 2001). A rough approximation of the “oil dependency” for the Navajo Nation was found to be 1.1 using data available in the Comprehensive Economic Development Strategy of the Navajo Nation (Choudhary 2003) and energy prices from the Energy Information Agency. The most oil dependent national economy in the world is Angola (68.5). Norway, which exports a considerable amount of oil has an oil dependency of 13.5. The 25th of the top 25 most oil dependent nations has an oil dependency of 3.5 (Ross 2001). Although the Navajo Nation would not be considered as “oil dependent” as these other countries, it is also important to realize that 15- 20% of the Navajo Nation annual funds are from royalties on energy resources. If the grants from external sources like the federal government are not included in the sources of annual funds, then the share of energy resources increases to 25-50% of the Navajo Nation budget (Choudhary 2003, 65 - Table 7). Furthermore, the second largest recipient of revenues from the Navajo General Fund is the Division of Natural Resources (ibid, 64 – Table 6C). Overall these statistics indicate that the Navajo Nation is oriented toward a heavy reliance and focus on energy development. Discussions of the Navajo economy in the context of dependency often focus on the importance of the tribe being in control of energy development. By control, most authors are referring to the right to dictate the pace and laws surrounding energy development on their lands (Owens 1979, Ruffing 1980). However, gaining control of energy development is only one part of the dependency critique. The second part is that even with control over the pace and quality of energy development the Navajo government needs to steer the economy in diverse directions so that the economy does not become specialized in providing services to energy extraction companies. One could easily argue that the Navajo Nation is focusing significant efforts on increasing the level of energy development at the expense of supporting alternative development pathways (for example, the speech by Shirley and Trujillo to the World Bank, 2003). Many authors draw from dependency theories to show why the Navajo Nation is locked into an energy development pathway. One of the more important historical reasons for the orientation of the Navajo government toward energy development was that the Navajo government was first formed in 1922 by the federal government to act as a representative of the Navajo interests in signing oil leases on Navajo land. As part of organizing the relationship between the federal government, the Navajo Business Council (as it was first called) and energy developers, the Interior Department set policy such that the Navajo government would own all of the mineral resources on tribal land, rather than individual Navajo owning rights to the mineral resources (Wilkins 2002, 101-3). At the end of World War II, the still fledgling tribal government turned to economic development to improve the conditions in Navajoland in hopes that young people would not feel forced to live elsewhere (Iverson and Roessel 2002, 189). In a process LaDuke and Churchill refer to as “Radioactive Colonialism”, the driver of economic development became, with pressure from energy companies and the Bureau of Indian Affairs (BIA), revenues from leasing land for large-scale extraction of the Navajo’s mineral resources by private non-Navajo enterprises. The Vanadium Corporation of America and Kerr-McGee provided $6.5 million in uranium mining revenues and jobs for Navajo miners. The miners worked under dangerous and unhealthy conditions, but many of the jobs were the only wage employment ever brought to the southeastern part of the reservation. An oil boom in Navajoland between 1958-62 provided tens of millions of dollars in revenues to the tribal government (Iverson and Roessel 2002, 218-20). The Tribal Council used the revenues to provide services to many of the Navajo and increasingly employed Navajo in government related jobs. The government officials and workers, along with the few that obtained jobs in the capital-intensive extractive industries formed a class with similar economic interests. Their wealth and power increased with increasing energy development. LaDuke and Churchill explain: “With this reduction in self-sufficiency came the transfer of economic power to a neo-colonial structure lodged in the US/tribal council relationship: ‘development aid’ from the US, an ‘educational system’ geared to training the cruder labor needs of industrialism, and employment contracts with mining and other resource extraction concerns… for now dependent Indian citizens.”(LaDuke and Churchill 1985, 110) The relationship between economic development and energy development was further extended in the 1960’s with the development of large coalmines and power plants on Navajo lands. The federal government played numerous roles in support of connecting energy developers and the tribal government. One example that illustrates the diverse ways in which the federal government encouraged energy development with tribes was a stipulation in the contracts for cooling water for the Mohave Generating Station in Nevada that specified that the owners of Mohave could only use the Colorado River for cooling water as long as the power plant used “Indian Coal”6 (also see Wiley and Gottlieb 1982, 41-53; and Wilkinson 1996, 1999 for more of the history of coal development in the Western Navajo Nation). Recommendations for economic development in initial stages of the self-determination era focused not on how to build a diverse economy, but how to take control of energy development and ensure that the Navajo Nation received the best deal for their resources. In describing the role of policy in energy development on the Navajo Nation one author focuses on the capital-intensive nature of energy development. Whereas one recommendation might be to shift the focus to other development pathways, her recommendation was to take steps to ensure that the jobs that are created by energy development go toward tribal members. She recommended that provisions should be included in contracts for training and preference hire for tribal members with all energy development projects (Ruffing 1980, 56-7). A major transition point in the history of energy development on Navajo lands involved the Chairman of the Navajo Nation, Peter McDonald, declaring that changes needed to take place before the Navajo Nation would support continued development of energy resources on their land in the 1970’s. Two major points he stressed included making sure that energy development was being carried out for the benefit of the Navajo people and that the tribe should be given opportunities to participate in and control energy development (Robbins 1979, 116). The main critique of both these stances from dependency theory is that even with control over energy development, it is still a capital-intensive, highly technical, and tightly controlled industry (Owens 1979, 4). The Navajo Nation can participate in energy development, but not without creating distortions in the orientation of the economy and government. In this same vein, it is difficult to argue that wind energy is inherently different that other forms of energy development from the dependency perspective. While it is possible for the Navajo Nation to take steps to ensure that the tribe will obtain the maximum benefit from wind development, such as ensuring that tribal members and Navajo owned businesses have preference in hiring, it is not likely that the tribe can become a self-sufficient wind developer without severely distorting the priorities of the economy and Navajo government. The alternative is to allow a specialized, large company from off the reservation to develop the wind farm, with the possibility that a Navajo partner can take part in the ownership of the wind farm. While the Navajo Nation may now have the institutional structure in place to control wind energy development on their land, wind development is still subject to the dependency critique.
Turns the entire aff – CP key to reform institutions that shield indigenous cultures from coercive market forcesMills 11 (Andrew D, Energy and Resources Group at UC Berkeley, Wind Energy in Indian Country: Turning to Wind for the Seventh Generation,") To allow the market mechanism to be the sole director of the fate of human beings and their natural environment… would result in the demolition of society…. Labor cannot be shoved about, used indiscriminately, or even left unused without affecting also the human individual who happened to be the bearer of that particular commodity. In disposing of a man’s labor power the system would incidentally, dispose of the physical, psychological, and moral entity ‘man’ attached to that tag. Robbed of the protective covering of cultural institutions, human beings would perish from the effects of social exposure; they would die as the victims of acute social dislocation through vice, perversion, crime, and starvation. Nature would be reduced to its elements, neighborhoods and landscapes defiled, rivers polluted…, the power to produce food and raw materials destroyed (Karl Polanyi quoted in Block 2001, 75-6). Polanyi argues that there is a moral impediment to disembedding the economy from society. It is simply wrong to treat nature and human beings as objects whose value is determined entirely by the market. Subordinating the organization of nature and human beings to market forces violates principles that have governed societies for centuries: nature and human life have almost always been recognized as having a sacred dimension (Block 2001, xvii – xxxix). In trying to understand the impacts of energy development on families that were directly impacted by energy development on the Navajo Nation, a group of anthropologists in the early 1980’s applied enthoscience methods to unearth the social impacts of energy development. Instead of applying a cost benefit analysis approach whereby the economic value of the social costs were compared to the economic benefits of energy development, the researchers recognized that they must begin with a framework that allows for some costs to a way of life to not have a simple monetary value. Essentially they recognized that what determines the quality of life in not always based on the monetary value of resources. Instead, if energy development were to occur and cause impacts, certain mitigating steps would need to be in place to prevent severe deterioration in the way of life for families impacted by energy development. The researchers evaluated the impacts by first establishing the possible costs to the way of life. Then instead of looking at benefits to offset the costs, they evaluated possible mitigations to the costs that would be required before the impacted families could even begin to assess any benefits that would accompany energy development (Schoepfle et al. 1984, 887-8).
A2 PermPerm doesn’t solve the impact—the plan ensures private companies exploit indigenous communitiesAwehali 6 (Brian, "# 25 Who Will Profit from Native Energy?," http://www.projectcensored.org/top-stories/articles/25-who-will-profit-from-native-energy/) America’s native peoples may attain a modicum of energy independence and tribal sovereignty through the development of wind, solar, and other renewable energy infrastructure on their lands. But, according to Brian Awehali, it won’t come from getting into bed with, and becoming indebted to, the very industry currently driving the planet to its doom. UPDATE BY Brian Awehali I believe the topic of this article was important and urgent because sometimes all that glitters really is gold, even if the marketing copy says it’s green. The long and utterly predictable history where indigenous peoples and US government and corporate interests are both concerned shouldn’t be forgotten as we enter the brave new green era. Marketing for-profit energy schemes on Indian lands as a means of promoting tribal sovereignty is both ludicrous and offensive, as are “green” development plans intrinsically tied to the extraction of fossil fuels in the deregulated Wild West of Indian Country. Energy companies are only interested in native sovereignty because it means operations on Indian lands are not subject to federal regulation or oversight. This is why I included a discussion in my article about the instructive example of the Alaska tribal corporations and the ways they’ve mutated into multi-billion dollar loophole exploiters. (My brief examination of Alaska tribal corporations drew heavily from an excellent Mother Jones article, “Little Big Companies,” by Michael Scherer). It’s also my belief that the probably well-intentioned idea of “green tags,” carbon offset credits, and market-enabled “carbon neutrality” should be examined very closely: Why are we introducing systems for transferring (or trading) the carbon emissions of “First World” polluters to those who contributed least to global warming? I would argue that this is merely a nice-sounding way for the overdeveloped world to purchase the right to continue its pathologically unsustainable mode of existence, while doing little to address the very grave ecological realities we now face.
Solvency
The aff isn’t key – CP solves renewable development – that decentralizes energy – solves the impact to the affPowell 1AC Author 6 (Dana E, Professor of Anthropology at the University of North Carolina, 2006, “Technologies of Existence: The Indigenous Environmental Justice Movement,” Local/Global Encounter, Development, 49(3), pp. 125-132 In her work with the indigenous movement in Ecuador, Catherine Walsh speaks of the movement’s building of local alternatives as ‘the resignifying in meaning and practice of ‘development’ (Walsh, 2002: 7). Development, with its long history of top-down, state-driven, regulatory, and often export- and expert-oriented goals, is being increasingly challenged by indigenous social movements in the Americas seeking to decentralize and gain local control over various aspects of governance, economic growth, cultural projects, and natural resources. Not completely unlike the Ecuadorian Pachakutik movement Walsh describes, the movement for ‘environmental justice’ in indigenous communities in the US is experimenting with alternative strategies to restructures the production of power to advance democracy and sovereignty for indigenous communities. This essay addresses the possible resignification of development being produced by the practices and discourses of a particular indigenous movement in the US, which addresses controversies over natural resource management on reservation lands. In particular, I consider the emergence of renewable energy projects within the movement as new modes of economic, ecological, and cultural development, countering the history of biopolitical regimes of natural resource extraction, which have marked indigenous experience in North America since Contact. I argue that these emerging technologies not only resist but also propose alternatives to the dominant models of energy production in the US. The Indian Self-Determination and Education Act of 1975 enabled American Indian tribes for the first time to self-determine their own resource policies and regulatory agencies, overseeing tribal programs, services, and development projects. In 1988, the Indian Gaming Regulatory Act opened the way for the development of casinos on reservations as a new mode of tribal economic development, and today 34% of all federally recognized tribes run full-scale (class III) casino gambling, although only a minute fraction of these represents the soaring economic success of places like the Foxwoods Casino and Resort on the Mashantucket Pequot reservation. These and other approaches to economic development ^ especially natural resource extraction and casino gaming ^ have become issues of intense debate among scholars and activists (LaDuke, 1999; Gedicks, 2001; Blaser et al., 2004; Cattelino, 2004; Hosmer and O’Neill,2004), as well as among tribal governments, federal agencies, and within the general population. In the cacophony of competing moral claims and recommended approaches elicited by these various controversies, the voices with alternative proposals are sometimes lost. Against these two dominant approaches, there is another trend in tribal economic development beginning to emerge, connected to the indigenous environmental justice movement (IEJM) in North America and critical of neo-liberal development models. Drawing upon an historical conflict over resource extraction on reservation lands (see Figure 1), this movement is turning towards what David Korten has called an ‘emergent alternative wisdom’ of development practice (Korten, 2005). This trend, embedded in a broader network of environmental justice projects in Native America, is a move towards renewable energy technologies on reservations: wind power and solar power in particular. While these projects engage wider energy markets, global discourses on climate change and the ‘end of oil’, and funds from federal agencies, they also embody an alternative knowledge grounded in an historical, indigenous social movement in which economic justice for indigenous peoples is intimately intermeshed with questions of ecological wellness and cultural preservation. As such, wind and solar technologies are being presented and implemented as alternative approaches to dominant practices of economic development and carry with them a history of centuries of struggle, as well as the hope for a better future. These emerging practices of a social movement-driven development agenda draw our attention to the cultural politics, meanings, histories, and conceptual contributions posited by unconventional development projects. As part of an emerging movement in support of localized wind and solar energy production on tribal lands, these projects are responses to the biopolitical operations of 20th century development projects. They respond to a long history of removal, regulation, knowledge production, and life-propagating techniques administered on reservation-based peoples. The movement itself addresses controversies in a way that interweaves the economic, the ecological, the cultural, and the embodied aspects of being
Marked
and being well in the world; as a member of the Indigenous Environmental Network (IEN) said to me: The movement is really about health and people dying can’t have an enjoyable life anymore. The work of the movement is never about the power plant itself, but about how all the EJ (environmental justice) issues come together and link up to affect people’s lives, its about having a good life (B Shimek, 2004, personal communication).Such an analysis resonates with Arturo Escobar’s emphasis on a framework of a ‘political ecology of difference’ and the need to consider ‘cultural distribution’ conflicts in studies or other engagements with natural resource issues (Escobar (2006) Introduction). Concerns of ‘cultural distribution’ have become crucial work for the IEJM as it seeks to resignify development as ‘environmental justice’ in the context of a particular history of illness and disease, environmental contamination, poverty, and place-based worldviews. I argue that the way in which the IEJM has coalesced around these alternative development projects suggests that these projects are ‘technologies of resistance’ (Hess, 1995) to dominant forms of economic development, but also - and perhaps more significantly - imaginative technologies of existence, mediating a particular discourse of natural resource controversies, including values of a ‘good life’. As such, renewable energy technologies are resignifying the politics of ‘sustainability’ through the movement’s concept of ‘environmental justice’, which cuts across reductive interpretations of economy, ecology, and culture. Development as a biopolitical operation In analysing development as a biopolitical operation, I follow other feminist scholars and development critics who have considered the biopolitical effects of particular development discourses on women’s bodies and movements (Harcourt, 2005) and labour and corporations (Charkiewicz, 2005). As they argue, the post- World War II model of development as a project driven by Western states to modernize other ‘emerging’states and bring them into a geopolitical sphere of economic control is, at its base, an exertion of biopower on particular (gendered, raced, labouring) bodies. Michel Foucault described biopower as the power of the state ‘to make live and let die’, in contrast to the disciplinary power of monarchical states, which exerted a sovereign’s power ‘to make die and let live’ (Foucault, 2003). In other words, the king controlled his subjects by the threat (and occasional enactment) of killing some and letting others live, in order to maintain control, whereas the modern state makes less of a spectacle out of individual killings and exerts its force over populations instead, managing the species through techniques of regulating birth, mortality, biological disabilities, and the effects of the environment. The significant shift to a regime of biopower is the new target of control of the population. When viewed as a biopolitical operation, development programs of the post-war model (which has lingered and reproduced itself in various forms on into the 21st century) are revealed as schemes to control populations – in particular, ‘Third World’ populations defined by the West as political problems and scientific problems, as well as economic opportunities.A similar history runs through Native America, as this ‘Fourth World’ population was a target of regulation, management, and biological speculation from the moment of Contact, over 500 years ago. Indigenous populations worldwide have experienced the effects of biopower, especially in terms of the management and extraction of natural resources (including bodies and, more recently, genetic information), but in the Americas the situation is geo-historically particular, given the sweeping catastrophe of disease, decimating what some have estimated to be 95 per cent of the pre-Contact population. Another particularity of the North American situation is that, over the long history of occupation since 1492, tribal populations have been alternately exterminated, removed, recombined, relocated, and politically reorganized by state institutions, often under the guise of care and patrimony. In the 19th and early 20th centuries, tribes as populations were regulated and made to live through land enclosures, creating spatial patterns of security, on frontier lands considered undesirable to European colonists. This desirability was, however, based on the visible alone; the resources that laid beneath the surface of the often barren, dry reservations would emerge in the 20th century as some of the most coveted commodities on earth.In sum, thinking of the history of development as a biopolitical operation to manage the life of populations of indigenous peoples in the Americas allows us to see the regulatory operations of the state, sometimes glossed as integrationist policies, as has been the trend in Latin America with the history of indigenismo (Sawyer, 2004), and sometimes framed as patrimony and treaty responsibility, as in the United States, with the ‘Indian New Deal’ in the 1930s (Collier, 1938). Moreover, it provides a way of understanding the history of state-driven development models as regimes of controlling, regulating, and organizing particular bodies and environments - the antithesis of the liberal, humanitarian projects these regimes have often claimed to be. Finally, as I move to discuss the IEJM and the emergence of wind and solar power projects on reservations, these technologies of resistance and existence can be thought of as counter-projects to the biopower of 20th century models of development, which have exacted significant ecological and cultural costs from tribes, in service of a reductive, disembedded view of economic growth.
Renewables create sufficient avenues of resistancePowell 1AC Author 6 (Dana E, Professor of Anthropology at the University of North Carolina, 2006, “Technologies of Existence: The Indigenous Environmental Justice Movement,” Local/Global Encounter, Development, 49(3), pp. 125-132 In this sense, wind and solar projects on reservations are not technologies of existence to ‘make live’ in the biopolitical sense of a population’s ensured biological survival and micro-practices of regulation, but technologies that articulate with desire, history, localization, imagination, and being in a way in which the meaning of ‘existence’ exceeds a definition of continued biological survival or reproduction. These technologies are about a particular quality of existence that speaks to the late Latin root of the word, existentia, which comes from the earlier Latin exsistere, meaning ‘come into being,’ itself a combination of ex_ ‘out’ þ sistere ‘take a stand’ (O.A.D., 2001). Thus, when ‘existence’ recovers the notions of coming into being, externality, and taking a stand, what it means to live and to grow is inherently active and perhaps even risky. Sustainability, then, in the context of the IEJM, is a bold existence and set of practices informed by a particular history of struggle and oriented towards a future of well-being, in which the economic, the ecological, and the cultural are interdependent and mutually constitutive. The movement’s concept of ‘environmental justice’ conveys such a non-reductive understanding of sustainability as a certain quality of existence. The concept proliferates and circulates through the geographically dispersed installations of wind turbines and solar panels (among the other technologies of existence) and is reinforced at national and transnational gatherings of HTE and the IEN. As an enunciation of sustainability, ‘environmental justice’ recalls specific cases of contamination on indigenous lands, articulates with broader environmental and anti-racist movements worldwide, and critiques dominant approaches to development by posing concrete alternatives. This is a critical, alternative knowledge being produced through the networked practices of a specific social movement. It is not the sustainability of the ‘triple bottom line’ in neo-liberal theory that self-congratulates its attention not only to capital but also to pre-figured notions of the environment and society; though it is also not a romanticized ‘traditional’ wisdom of indigenous people, endowed with some sort of essentialist knowledge and protective role for the natural world. It is, instead, a sophisticated hybrid concept - in which knowledges of wider energy and trade markets, science and engineering, local resource management issues, global processes of climate change and wars for oil, and the relational knowing that comes with enacted attachments to place, converge to inform and generate a call for ‘environmental justice,’ implemented through specific material technologies.
Their solvency author agrees the CP solves the affKronk (1AC Author) 12—Assistant Professor, Texas Tech University School of Law (Elizabeth, Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform, 29 Pace Envtl. L. Rev. 811)
***Above suggestion = AFF*** Should the above suggestion prove distasteful, a second recommendation for reforming the existing TERA provisions calls for reinstating federal liability so as to hopefully increase tribal participation in TERAs. This second proposal is also an improvement over the status quo in that it will with any luck alleviate tribal concerns related to the federal government’s responsibility to tribes. Such a revision would arguably be consistent with the federal government’s trust responsibility to tribes. This is because the language that removes the federal government from liability under the TERA provisions “’undercuts the federal trust responsibility to Tribes by providing a waiver for the federal government of all liability from energy development.’” As such, “the ability to hold the federal government liable for breach is at the heart of its trust obligation toward tribes.” The waiver of federal governmental liability would, therefore, seem to be inconsistent with the federal trust obligation to tribes. Removing such a waiver would also allay the fears of some that “private entities such as energy companies will exploit tribal resources and take unfair advantage of tribes.” This is because the federal government would likely maintain a more active role in energy development under TERAs. Moreover, this proposal would likely be consistent with a federal viewpoint, such as the one expressed by Senator Bingaman as discussed above, which envisions the federal government maintaining a significant role in Indian country. Congress apparently intended the TERA provisions to be consistent with the federal government’s trust responsibility to tribes. For example, one subsection of the TERA provisions refers specifically to the federal trust responsibility, affirming that the trust responsibility remains in effect. This provision mandates that the Secretary “act in accordance with the trust responsibility of the United States relating to mineral and other trust resources” and “in good faith and in the best interests of the Indian tribes.” It also notes that with the exception of the waiver of Secretarial approval allowed through the TERA framework, the Indian Energy Act does not “absolve the United States from any responsibility to Indians or Indian tribes, including …those which derive from the trust relationship.” In addition to apparent consistency with the federal trust responsibility, federal liability under the TERA provisions is appropriate given the federal government maintains a significant role in the development of energy within Indian country even under the TERA agreements. For example, under the TERA provisions, the federal government maintains “inherently Federal functions.” Moreover, as discussed above, the federal government maintains a significant oversight role through the existing TERA provisions because it has a mandatory environmental review process that tribes must incorporate into TERAs. This failure to relinquish oversight to tribes ensures that the federal government will maintain a strong management role, even after a tribe enters into a TERA with the Secretary of the Interior. “According to the Preamble, the inclusion was attributable partly to the trust responsibility toward tribes and trust assets and partly to the DOI’s responsibilities, as spelled out in the Indian Energy Act, to determine a tribe’s capacity to carry out TERA activities and to undertake periodic reviews of a tribe’s TERA activities.” Given the federal government maintains a substantial oversight role under the TERA provisions (which it views as being consistent with its federal trust responsibility), the federal government should remain liable for decisions made under TERAs. In addition to the strong administrative role that the federal government would still play under approved TERAs, it also maintains an important role as tribal “reviewer”. Under the TERA provisions, the federal government must review the tribe’s performance under the TERA on a regular basis. Although the existing TERA provisions certainly mark an increased opportunity for tribes to participate in decision-making related to energy development within Indian country, the federal government’s role remains significant. The proposal to reinstate federal liability under the TERA provisions, therefore, recognizes the significant role that the federal government still plays under the existing TERA provisions. If Senator Bingaman’s viewpoint is any indication, Congress may be unwilling to relinquish federal oversight over energy development within Indian country. As a result, the first proposal for reform discussed above may prove to be unacceptable to Congress. Assuming this is the case, this second proposal allows the federal government to maintain an oversight role in Indian county and, at the same time, reinstates the federal government’s liability. Based on the legislative history discussed above, reinstatement of the federal government’s liability would likely go a long way toward addressing many of the concerns raised by tribes in relation to the existing TERA provisions. In this way, this second proposal would also constitute an improvement over the status quo.
1AC author concludes the CP solves the affKronk (1AC Author) 12—Assistant Professor, Texas Tech University School of Law (Elizabeth, Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform, 29 Pace Envtl. L. Rev. 811) The historical relationship between the federal government and tribes is replete with examples of abuse and exploitation. The TERA provisions represent a rare opportunity for both the federal government and tribes to benefit from partnering together. Yet, the TERA provisions in their current configuration fail to induce such a beneficial partnership. By adopting one of the proposed reforms, Congress would take a significant step toward building a productive relationship with Indian country.
Federal liability solves – Jumpstarts renewable developmentCastro 12 (Scott N, partner in JMBM’s Government, Land Use, Environment and Energy practice group. He has extensive experience working with the Department of Interior and other federal and state agencies on renewable energy, mining and minerals, and related issues, and has expertise in a broad array of federal, state and local land use and environmental regulations. He has worked with various tribes, the Bureau of Indian affairs and other governmental agencies on fee-to-trust land transfers, tribal ordinances, municipal services agreements, cultural resource assessments and protection, and related matters, "RENEWABLE ENERGY UPDATE: Proposed Regulatory Changes For Tribal Leases Provide Promise for Solar and Wind Projects," http://www.jmbm.com/docs/proposed_regulatory_changes.pdf) The proposed rulemaking is notable given the failure of provisions in the Energy Policy Act of 2005 to foster energy development, including renewables, on Indian lands. The Energy Policy Act of 2005 included a provision intended to promote energy development on Indian lands by requiring the DOI establish a process by which tribes can enter into what is known as a Tribal Energy Resource Agreement (TERA) with the Secretary of Interior. Under the TERA regulations issued by DOI in March 2008, if a tribe can meet the multiple criteria for a TERA, the tribe is responsible for managing energy development within its territory without approval from the Secretary of Interior. TERAs allow tribes to avoid certain federal requirements, notably compliance with the National Environmental Policy Act. While the TERA process aims to provide tribes with greater authority and autonomy to pursue energy development on their lands, to date, no tribe has entered into a TERA. Many believe that the waiver of federal liability under the TERA provisions, coupled with other factors, have dissuaded tribes from pursuing TERAs. CONTINUING GOVERNMENT SUPPORT FOR RENEWABLES ON INDIAN LANDS The proposed rulemaking, by focusing on solar and wind projects, and by avoiding the current problems with the TERA process, may serve as a catalyst for increased renewable energy efforts on tribal lands. Indeed, the federal government’s continued interest in and support for such developments, particularly financial support, should provide added incentive. For example, the Department of Energy and the Office of Indian Energy Policy and Programs (OIEPP), just awarded on February 16, 2012 over $6.5 million in funding to 19 clean energy projects on tribal lands for feasibility studies, pre-construction, and installation activities.
Federal liability is the only way to guarantee checks on exploitative corporate powerReese 5 (April, "ENERGY POLICY: New federal law encourages tapping of Indian resources," Lexis) Supporters of the measure, which was proposed by members of the Council of Energy Resource Tribes (CERT), say it will help tribes meet growing demand for energy both on and off the reservation. "Indian lands represent tremend ous potential for economic advancement for the tribes that want to use those resources and develop them, and they represent an important energy supply to the rest of the country," said David Lester, executive director of CERT, adding that tribes can provide "far more" energy than the Arctic National Wildlife Refuge holds. Tribal populations are growing twice as fast as the general U.S. population and tribal economies are growing three times as fast as the national economy, Lester said. With almost all of the 562 federally recognized Indian tribes harboring some kind of energy resource, from wind, solar and biomass to coal and natural gas, tribes that choose to take advantage of the incentives in the new law can provide electricity and heat to their members, with plenty left over to sell to their non-tribal neighbors, he said. While only about 2 percent of the lands within the United States are tribally owned, lands on or adjacent to reservations contain more than 30 percent of its fossil energy sources, Lester said. Supporters, which include the National Congress of American Indians, say giving Indian tribes more control over their resources is a good idea, especially since the federal government has not been a good steward of tribal lands in the past. Several tribes have wrangled in court with the Interior Department and energy companies over what they contend are paltry royalty payments for resources extracted from their lands. A major case involving the federal government's alleged mishandling of tribal energy revenues is still pending in federal court. The new law, Lester and others say, will help avoid such problems by giving tribes greater say over energy development on their lands. 'Culture at stake' But critics of the new law say not all tribes are ready for that kind of responsibility. They fear it will allow energy companies to take advantage of tribes that are energy-rich but lack the governing capacity to ensure they are getting a fair deal. Clayton Thomas-Muller, native energy organizer at the Indigenous Environmental Network, said some tribes also do not have the institutional and enforcement mechanisms needed to guarantee that their resources will be developed responsibly. The law essentially allows the federal government to abandon its trust responsibility to the tribes, which is intended to prevent unfair treatment of tribes by outside entities such as energy companies, he said. "Yes, there are tribes that have those resources -- the lawyers, the scientists, the capacity to do what they need to do -- but there are hundreds that don't and are being set up to fail," Thomas-Muller said. "This energy bill basically takes us back 100 years, allowing corporations to exploit tribes that are still reeling from the impacts of colonization and dealing with different socioeconomic situations." The law encourages development of conventional energy resources like coal, natural gas and oil, which could scar tribal lands and undermine native ways of life, while bringing very little benefit to the tribes, he added. "Our very culture is at stake here," Thomas-Muller said. "To further destroy our land, our air, and our water for short-term economic solutions is not economic development, and it sets up our unborn generations for a very hard life." Lester emphasized that the new incentives will encourage the development of renewables like wind and solar, which are even more abundant on Indian lands than conventional, fossil-based resources. And the measure is voluntary, he added, noting that tribes can choose not to develop their resources, and those that do can choose to continue using NEPA instead of crafting their own regulatory framework. "This law strengthens each tribe's hand to use energy resources the way they want to use them," he said. "If they have coal resources but don't want to develop them, there's nothing that says they have to." And the law also seeks to ensure that tribes are capable of regulating energy development themselves before handing over the reins to them. When considering whether to approve a tribal energy resource agreement, the secretary of Interior must determine that the tribe "has demonstrated that the Indian tribe has sufficient capacity to regulate the development of energy resources of the Indian tribe," according to the law. Obstacles Bob Gough, secretary of the Intertribal Council on Utility Policy, which promotes renewable energy development on tribal lands, characterized the measure as "a good start" but said some of the timelines for implementing its provisions appear to be unrealistic. For instance, it will likely take tribes six months or more to set up a system to sell clean energy bonds and funds to support that effort are not likely to be available until fiscal year 2007. But the provision expires at the end of 2007, he said. "There are a whole lot of new procedures," Gough said. "It's not going to happen overnight. There aren't a lot of tribes who will take advantage of this quickly." Tribal leaders, Interior officials and energy industry representatives will meet Monday in Chicago to discuss what the new law means and how to implement it, Gough said. Lizana Pierce, with DOE's tribal energy program in Golden, Colo., said the law has the potential to help tribes develop their resources, but that it will mean little unless Congress provides the funding to implement it. "There's a whole cadre of deadlines," she said. "But at least on the DOE side, there's no funds." Lester said the CERT tribes plan to "work our tails off" to convince lawmakers to back the law with appropriate funding levels, most likely through the Interior and Energy appropriations bills for fiscal year 2007. "We have a lot of work ahead of us," Lester said. Southwest reporter April Reese is based in Santa Fe, N.M.
The plan removes the only check against exploitive corporations – the CP reaffirms that commitment Kronk (1AC Author) 12—Assistant Professor, Texas Tech University School of Law (Elizabeth, Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform, 29 Pace Envtl. L. Rev. 811) As an alternative, a second recommendation for reforming the existing TERA provisions would call for reinstatement of federal liability so as to increase tribal participation in TERAs. This second proposal is also an improvement over the status quo in that it will (with any luck) alleviate tribal concerns related to the federal government’s responsibility to tribes. Such a revision would arguably be consistent with the federal government’s trust responsibility to tribes. As “the ability to hold the federal government liable for breach is at the heart of its trust obligation toward tribes,”163 the waiver of federal governmental liability seems to be inconsistent with this federal trust obligation. Removing the waiver would also allay fears that “private entities such as energy companies will exploit tribal resources and take unfair advantage of tribes.”164 This is because the federal government would likely maintain a more active role in energy development under TERAs. Moreover, this proposal would likely be consistent with the federal viewpoint, such as the one expressed by Senator Bingaman, which envisions the federal government maintaining a significant role in Indian country. Congress apparently intended the TERA provisions to be consistent with the federal government’s trust responsibility to tribes. For example, one subsection of the TERA provisions refers specifically to the federal trust responsibility, affirming that the trust responsibility remains in effect. This provision mandates that the Secretary “act in accordance with the trust responsibility of the United States relating to mineral and other trust resources . . . in good faith and in the best interests of the Indian tribes.” It also notes that with the exception of the waiver of Secretarial approval allowed through the TERA framework, the Indian Energy Act does not “absolve the United States from any responsibility to Indians or Indian tribes, including . . . those which derive from the trust relationship.”165
CP reaffirms trust obligations – tribes would opt inKronk (1AC Author) 12—Assistant Professor, Texas Tech University School of Law (Elizabeth, Tribal Energy Resource Agreements: The Unintended "Great Mischief for Indian Energy Development" and the Resulting Need for Reform, 29 Pace Envtl. L. Rev. 811) Despite Senator Campbell’s reaction to Senator Bingaman’s proposed amendment, a review of the legislative history related to this provision suggests that the majority of the commentators were concerned that the waiver of the federal government’s liability contained in the then-pending TERA provisions amounted to an abrogation of the federal government’s trust responsibility to federally recognized tribes. This concern, like the issues previously examined, has likely contributed to tribes’ unwillingness to enter into a TERA.
Trust doctrine is reformable – solves Native sovereigntySkibine 10 (Alexander, S.J. Quinney Professor of Law at U of Utah, “Indian Gaming and Cooperative Federalism,” Arizona State Law Journal) I argue here that abandoning the sovereign trust branch of the doctrine may be premature. Without it, the tribes would be at the mercy of the states, let alone an anti-tribal Supreme Court.18 file:///D:/userdata/Desktop/Bricker%20Cards%20Round%204.docx#_ftn1||name="_ftnref1"This is not to say that the doctrine is perfect or being perfectly implemented. Far from it. For we know that the federal government is plagued with many conflicts of interest in adequately enforcing its trust responsibilities.19 file:///D:/userdata/Desktop/Bricker%20Cards%20Round%204.docx#_ftn2||name="_ftnref2"However, while the doctrine can be tinkered with, it should not be rejected out right, at least not without a constitutional amendment or some congressional legislation of a more or less equivalent permanency. So the issue here is how to improve the doctrine by getting rid of its colonial and racist baggage so that it can reemerge as a doctrine protecting tribal sovereignty and guaranteeing the place of tribes as political sovereigns within Our Federalism.
TERA reform solves – overcomes barriers to participationRoyster 1AC Author 12—Professor of Law and Co-Director, Native American Law Center, University of Tulsa College of Law (Judith, Tribal Energy Development: Renewables and the Problem of the Current Statutory Structures, 31 Stan. Envtl. L.J. 91) The Concept Paper issued by the Senate Committee on Indian Affairs, the subsequent hearing testimony, the proposed Indian Energy Parity Act of 2010 (IEPA), and the proposed Indian Tribal Energy Development and Self-Determination Act Amendments of 2011 (ITEDSA Amendments) all address amendments to ITEDSA and the TERA process. n163 The Concept Paper called for making "the TERA process a more practical, effective and attractive *125 alternative to the IMDA or the Mineral Leasing Act." 8736873406#n164 The IEPA and the ITEDSA Amendments propose nearly identical amendments to address some of the more troublesome provisions of the TERA process. n165 In particular, the proposals modify the tribal environmental review process, expand a tribe's ability to demonstrate regulatory capability, and streamline the Secretary's approval process for TERAs. Currently, a TERA must include a tribal environmental review process that substantially parallels the federal environmental review process under the National Environmental Policy Act. 8736873406#n166 Tribes objected to the environmental review requirement both because of the substantial costs involved and because of the inroads on tribal self-determination. n167 Not only would the process mandate considerable public input into tribal decision-making, but the federal government would be decreeing how tribes approach balancing environmental concerns and development. The bills modify the TERA environmental review process in two significant ways. First, rather than require a tribal environmental review to identify mitigation measures and incorporate them into the lease or agreement, the bills provide for the identification and incorporation of mitigation measures "if any" that the tribe in its discretion chooses to propose. 8736873406#n168 Second, a new provision would permit a tribe to identify categories of actions deemed not to have significant effects on the environment and therefore excluded from environmental review. n169 Although *126 these amendments would not eliminate tribal concerns with the TERA environmental review process, they would provide some relief both by streamlining the process and enhancing the role of tribal decision-making. In addition, the bills substantially alter the ways in which a tribe may show the required capacity to regulate energy development. Under the current TERA process, the Secretary may not approve a TERA unless the tribe demonstrates "sufficient capacity to regulate the development of energy resources." 8736873406#n170 The proposed bills provide instead that the Secretary shall disapprove a proposed TERA that does not demonstrate sufficient regulatory capacity, n171 but further provides that meeting that criterion is not the only way in which a tribe "shall be considered to have demonstrated sufficient capacity." 8736873406#n172 Sufficient capacity can be demonstrated in two additional ways. First, if the Secretary fails to determine within the statutory time period that a tribe has not demonstrated sufficient capacity, then the tribe is considered to have done so. n173 Second, if the Secretary determines that a tribe has successfully carried out a Public Law 638 compact or contract 8736873406#n174 for at least three consecutive years, the tribe shall also be considered to have demonstrated capacity. n175 These amendments would ease the TERA process for tribes. *127 There is a subtle but important shift in the burden of demonstrating sufficient capacity. Rather than place the whole burden on the tribe to demonstrate sufficient capacity, the Secretary is now charged with determining its absence from the evidence in the tribe's TERA application. Moreover, the Secretary is held to a short time frame to make that determination, and the consequence of the Secretary's failure to act in a timely manner benefits rather than disadvantages the tribal applicant. In addition, acknowledging successful Public Law 638 compacts and contracts as the equivalent of demonstrating capacity recognizes tribes' existing accomplishments in administering federal laws and programs. Providing that a tribe with a successful Public Law 638 record need not redemonstrate its governmental and regulatory capabilities is a practical recognition of tribal self-government. Finally, the bills would streamline the approval timeline for TERAs. Currently, the Secretary has 270 days from receipt of a complete TERA application to approve or disapprove the TERA. 8736873406#n176 There is, however, no consequence attached to the Secretary's failure to meet this deadline. Because one of the primary tribal concerns that the TERA process was meant to address was the often substantial delay in secretarial approval of leases and agreements, it would indeed be ironic if a tribe had to wait years for approval of a TERA to avoid such delays. Consequently, the bills provide that 271 days after the tribe submits its TERA application, the TERA "shall" become effective if the Secretary has not disapproved it. n177 Although this may put substantial pressure on the Department of the Interior, 8736873406#n178 it furthers the intent of the Indian energy acts to promote tribal control over the development of their energy resources.
Reformism solves – we should avoid totalizing claims about specific political proposalsDietz 94 (Mary G. Dietz, Professor of Political Science and Gender Studies Program at Northwestern University, “’THE SLOW BORING OF HARD BOARDS’: METHODICAL THINKING AND THE WORK OF POLITICS”, American Political Science Review, Vol. 88, No. 4 December 1994, http://www.jstor.org/stable/pdfplus/2082713.pdf) Earlier, in considering the means-end category in politics, I suggested that everything hinges upon the action context within which this mode of thinking takes place. I now want to suggest that there is a richer conceptual context-beyond utilitarian objectification, rational capitalist accumulation, and/or Leninism-within which to think about the category of means and ends. Weil offers this alternative in her account of methodical thinking as (1) problem- oriented, (2) directed toward enacting a plan or method (solutions) in response to problems identified, (3) attuned to intelligent mastery (not domination), and (4) purposeful but not driven by a single end or success. Although Weil did not even come close to doing this herself, we might derive from her account of methodical thinking an action concept of politics. Methodical politics is equally opposed to the ideological politics Hannah Arendt deplores, but it is also distinct in important respects from the theatrical politics she defends. Identifying a problem-or what the philosopher David Wiggins calls "the search for the best specification of what would honor or answer to relevant concerns" (1978, 145)-is where methodical politics begins.26 It continues (to extrapolate from Weil's image of the methodical builders) in the determination of a means-end sequel, or method, directed toward a political aim. It reaches its full realization in the actual undertaking of the plan of action, or method, itself. To read any of these action aspects as falling under technical rules or blueprints (as Arendt tends to do when dealing with means and ends) is to confuse problem solving with object making and something methodical with something ideological. By designating a problem orientation to political activity, methodical politics assigns value to the activity of constantly deploying "knowing and doing" on new situations or on new understandings of old ones. This is neither an ideological exercise in repetition nor the insistent redeployment of the same pattern onto shifting circumstances and events. The problem orientation that defines methodical politics rests upon a recognition of the political domain as a matrix of obstacles where it is impossible to secure an ideological fix or a single focus. In general, then, methodical politics is best under- stood from the perspective of "the fisherman battling 880 American Political Science Review Vol. 88, No. 4 against wind and waves in his little boat" (Weil 1973, 101) or perhaps as Michael Oakeshott puts it: "In political activity . . . men sail a boundless and bottomless sea; there is neither harbour for shelter nor floor for anchorage, neither starting-place nor ap- pointed destination" (1962, 127).27 Neither Weil's nor Oakeshott's is the perspective of the Platonist, who values chiefly the modeller who constructs his ship after pre-existing Forms or the pilot-philosopher who steers his craft to port by the light of immutable Forms fixed in a starry night. In both of the Platonic images (where the polis is either an artifact for use or a conveyance to safe harbor), a single and predictable end is already to hand. Neither Weil's nor Oakeshott's images admit any equivalent finality. The same is true of methodical politics, where political phenomena present to citizens-as the high sea presents to the sailor-challenges to be identified, demands to be met, and a context of circumstances to be engaged (without blueprints). Neither the assurance of finality nor the security of certainty attends this worldly activity. In his adamantly instrumental reading of politics in the ancient world, M.I. Finley makes a similar point and distinguishes between a problem orientation and patterned predictability by remarking upon the "iron compulsion" the Greeks and Romans were under "to be continuously inventive, as new and often unantic- ipated problems or difficulties arose that had to be resolved without the aid of precedents or models" (1983, 53). With this in mind, we might appreciate methodical politics as a mode of action oriented toward problems and solutions within a context of adventure and unfamiliarity. In this sense, it is compatible with Arendt's emancipatory concept of natality (or "new beginnings") and her appreciation of openness and unpredictability in the realm of human affairs. There are other neighborly affinities between methodical and theatrical politics as well. Both share a view of political actors as finite and fragile creatures who face an infinite range of possibilities, with only limited powers of control and imagination over the situations in which they are called upon to act. From both a methodical and a theatrical vantage point, this perpetual struggle that is politics, whatever its indeterminacy and flux, acquires meaning only when "knowing what to do and doing it" are united in the same performance (Arendt, 1958a, 223). Freedom, in other words, is realized when Plato's brilliant and devious conceptual maneuver is outwitted by a politics that opposes "the escape from action into rule" and reasserts human self-realization as the unification of thought-action in the world (pp. 223-25). In theatrical politics, however, the actual action content of citizen "knowing and doing" is upstaged by the spectacular appearance of personal identities courageously revealed in the public realm. Thus Plato's maneuver is outwitted in a bounded space where knowing what to do and doing it are disclosed in speech acts and deeds of self-revelation in the company of one's-fellow citizens. In contrast, methodical politics doggedly reminds us that purposes themselves are what matter in the end, and that citizen action is as much about obstinately pursuing them as it is about the courage to speak in performance. So, in methodical politics, the Platonic split between knowing and doing is overcome in a kind of boundless navigation that is realized in purposeful acts of collective self-determination. Spaces of appearances are indispensable in this context, but these spaces are not exactly akin to "islands in a sea or as oases in a desert" (Arendt 1970, 279). The parameters of methodical politics are more fluid than this, set less by identifiable boundaries than by the very activity through which citizens "let realities work upon" them with "inner concentration and calmness" (Weber 1946, 115). In this respect, methodical politics is not a context wherein courage takes eloquent respite from the face of life, danger (the sea, the desert), or death: it is a daily confrontation wherein obstacles or dangers (including the ultimate danger of death) are transformed into prob- lems, problems are rendered amenable to possible action, and action is undertaken with an aim toward solution. Indeed, in these very activities, or what Arendt sometimes pejoratively calls the in order to, we might find the perpetuation of what she praises as the for the sake of which, or the perpetuation of politics itself (1958a, 154). To appreciate the emancipatory dimension of this action concept of politics as methodical, we might now briefly return to the problem that Arendt and Weil think most vexes the modern world-the deformation of human beings and human affairs by forces of automatism. This is the complex manipulation of modern life that Havel describes as the situation in which everything "must be cossetted together as firmly as possible, predetermined, regulated and controlled" and "every aberration from the prescribed course of life is treated as error, license and anarchy" (1985, 83). Constructed against this symbolic animal laborans, Arendt's space of appearances is the agonistic opposite of the distorted counterfeit reality of automatism. The space of appearances is where individuality and personal identity are snatched from the jaws of automatic processes and recuperated in "the merciless glare" of the public realm (Arendt 1969, 86). Refigured in this fashion, Arendtian citizens counter reductive technological complexes in acts of individual speech revelation that powerfully proclaim, in collective effect, "This is who we are!" A politics in this key does indeed dramatically defy the objectifying processes of modern life-and perhaps even narratively transcends them by delivering up what is necessary for the reification of human remembrance in the "storybook of mankind" (Arendt 1958a, 95). But these are also its limits. For whatever else it involves, Arendtian politics cannot entail the practical confrontation of the situation that threatens the human condition most. Within the space of appearances, Arendt's citizens can neither search for the best specification of the problem before them nor, it seems, pursue solutions to the problem once it is identified, for such activities involve "the pursuit of a definite aim which can be set by practical considerations," and that is homo faber's prerogative and so in the province of "fabrication," well outside the space of appearances where means and ends are left behind (pp. 170-71). Consequently, automatism can be conceptualized as a "danger sign" in Arendt's theory, but it cannot be designated as a problem in Arendt's politics, a problem that citizens could cognitively counter and purposefully attempt to resolve or transform (p. 322). From the perspective of methodical politics, which begins with a problem orientation, automatism can be specified and encountered within the particular spaces or circumstances (schools, universities, hospitals, factories, corporations, prisons, laboratories, houses of finance, the home, public arenas, public agencies) upon which its technological processes intrude. Surely something like this is what Weil has in mind when she calls for "a sequence of mental efforts" in the drawing up of "an inventory of modern civilization" that begins by "refusing to subordinate one's own destiny to the course of history" (1973, 123-24). Freedom is immanent in such moments of cognitive inventory, in the collective citizen-work of "taking stock"-identifying problems and originating methods-and in the shared pursuit of purposes and objectives. This is simply what it means to think and act methodically in spaces of appearances. Nothing less, as Wiggins puts it, "can rescue and preserve civilization from the mounting irrationality of the public province, . . . from Oppression exercised in the name of Management (to borrow Simone Weil's prescient phrase)" (1978, 146).
---- 18file:///D:/userdata/Desktop/Bricker%20Cards%20Round%204.docx#_ftnref1||name="_ftn1" See Skibine Teaching Federal Indian Law in an Anti-Tribal Era, 82 North Dakota L. Rev. 777 (2006). 19file:///D:/userdata/Desktop/Bricker%20Cards%20Round%204.docx#_ftnref2||name="_ftn2" See Mary C. Wood, Protecting the Attributes of Sovereignty: A New Trust Paradigm for Federal Actions affecting Tribal Lands,1995 Utah L. Rev. 109 (1995). | |
| 01/07/2013 | Iran Strikes GoodTournament: | Round: | Opponent: | Judge:
Israel
Israel is willing to go along with sanctions but wants all options on the table – a weak signal from the US will cause Israeli strikesKenyon 9/28 (Israel pushes harder line on iran nuclear ambitions, www.npr.org/templates/story/story.php?storyId=113277590 The developments did not come as a shock to Israel. Officials in Israel have AND Israel is not the only state taking a hard line on the issue.
An Israeli Strike On Iran Causes A Global Nuclear WarJorge Hirsch, Can A Nuclear Strike on Iran Be Averted, November 21, 2005, http://www.antiwar.com/orig/hirsch.php?articleid=8089 The Bush administration has put together all the elements it needs to justify the impending AND , enough to erase Earth's population many times over.
Now Key
Iran nukes spillover over globally, cause miscalc, and nuclear war—outweighs short-term risksKroenig, ’12 (Matthew is a Stanton Nuclear Security fellow at the Council on Foreign Relations, “Time to Strike Iran”, Jan/Feb 2012, Foreign Affairs, Proquest)
For several years now, starting long before this episode, American pundits and AND one that critics of a preemptive strike on Iran now hope to avoid.
Now is the time for strikes- diplomacy and sanctions failed, the planning has made quantum leaps, and there would be international support- this card is hot!Klein 6/15 member of Council on Foreign Relations (Joe, 6/15/10, “An Attack on Iran: Back on the Table”, http://www.time.com/time/nation/article/0,8599,2003921,00.html) MH In late 2006, George W. Bush met with the Joint Chiefs of Staff AND a nuclear Iran and is prepared to do something awful to stop it.
Turns Heg
Strikes key to hegemony.Thomas Holsinger, 1-19-2006 The Case for Invading Iran, http://www.windsofchange.net/archives/007981.php If the United States does not forcibly prevent Iran from producing nuclear weapons, every AND emption, we can�t be relied on to protect anyone else.
ME War
Nuclear Iran Deters Us Action Destroying Middle East StabilityEfraim Inbar, Professor at the BESA center, THE IMPERATIVE TO USE FORCE AGAINST IRANIAN NUCLEARIZATION, December 2005, p. http://www.biu.ac.il/Besa/perspectives12.html
The Nature of the Threat T he Islamic Republic of Iran is the greatest and AND same time, its nuclear program threatens regional stability in the Middle East.
Middle East War Goes NuclearJohn Steinbach, DC Iraq Coalition, ISRAELI WEAPONS OF MASS DESTRUCTION: A THREAT TO PEACE, March 2002, http://www.globalresearch.ca/articles/STE203A.html
Meanwhile, the existence of an arsenal of mass destruction in such an unstable region AND whatever reason- the deepening Middle East conflict could trigger a world conflagration."
Terror
Must Attack Iran To Prevent TerrorismMichael Ledeen, American Enterprise Institute, WALL STREET JOURNAL, June 11, 2003, p. http://www.freelebanon.org/articles/a420.htm For this alone, the Iranian people deserve the support of the West, and AND we will have changed the world, and the terrorists' days will be numbered
Terrorism Causes ExtinctionSid-Ahmed, political analyst 04 (Mohamed, Managing Editor for Al-Ahali, “Extinction!” August 26-September 1, Issue no. 705, http://weekly.ahram.org.eg/2004/705/op5.htm)
What would be the consequences of a nuclear attack by terrorists? Even if it AND . When nuclear pollution infects the whole planet, we will all be losers
Iran Aggression Impacts
Iran prolif causes Global nuclear warHenry Sokolski, Executive Director of the Nonproliferation Policy Education Center, 10/1/2003 (Taking Proliferation Seriously – Heritage Foundation, http://www.policyreview.org/oct03/sokolski_print.html/)
If nothing is done to shore up U.S. and allied security relations AND one big difference: It would be spring-loaded to go nuclear.
Iran nukes cause nuclear and chemical warTira, political science – LSE, reservist – Israeli Air Force’s Campaign Planning Department, regular writer and author of two books on Mid East military affairs, contributor – Hoover Institution @ Stanford and the Institute for National Strategic Studies, 10/1/’11 (Ron, “Can Iran be Deterred?” Hoover Institution Policy Review, No. 169, http:~/~/www.hoover.org/publications/policy-review/article/94336url:http://www.hoover.org/publications/policy-review/article/94336) But what hapdpens when the sides are regional players lacking the aforesaid size and resources AND of certainty could produce one of the most dangerous chapters in human history.
Effectiveness
Strikes would be most effective – it would bankrupt the Iranian Government, cripple their ability to retaliate, and safeguard our economic interestsArthur Herman, Professor of history at George Mason University and coordinator of the Western Civilization Program at the Smithsonian Institution in Washington, “Getting Serious About Iran: A Military Option”, Commentary Magazine, November 2006, http://www.commentarymagazine.com/printarticle.cfm?article=com.commentarymagazine.content.Article::10135 The first step would be to make it clear that the United States will tolerate AND With its wells held hostage, the country's economy could enter free fall.
Strikes don’t go nuclear.Dr Dan Plesch, Director of the School of Oriental and African Studies'Centre for International Studies and Diplomacy, and Martin Butcher, international consultant on security politics, September 2007, Considering a war with Iran: A discussion paper on WMD in the Middle East, http://www.rawstory.com/images/other/IranStudy082807a.pdf The US has strategic forces prepared to launch massive strikes on Iran with hours of AND the Bush administration is stated to be making nuclear weapons use less likely.
And, even if strikes are nuclear, there’ll be no escalation.Dave Schuler, Glittering Eye analyst, 2007, Restating the U.S. Policy of Nuclear Deterrence, http://theglitteringeye.com/?p=459 * A nuclear retaliation Iran in response to a terrorist nuclear attack would inevitably draw AND be upset. But they’re in no position to do anything about it.
Iran can’t retaliate against attack.Jeff Burt, November 28, 2007, Newsmax, “Expert: U.S. Attack on Iran Would Have Terrible Consequences,” http://www.newsmax.com/headlines/U.S_Iran_attack/2007/11/28/52858.html Still, if struck, there is little Iran could do to retaliate. Its AND van Creveld = professor of military history and strategy at Hebrew University in Jerusalem
A. Attacking Iran is feasible and successful – solves their nuclear program – we only need to delay for a small period of time to doom the entire program.Reuel Marc Gerecht, resident fellow @ American Enterprise Institute, 7-10-2006, Cognitive Dissonance: The State of America's Iran Policy, http://www.aei.org/publications/filter.all,pubID.24637/pub_detail.asp Yes, it will be difficult to bomb all of the sites in Iran, AND be in favor of striking, knowing the grave repercussions from such strikes.
Escalation
Heg is a framing issueEtzioni June 10 professor of international relations at George Washington University and author of Security First: For a Muscular Moral Foreign Policy (Amitai, May-June 2010, Military Review, p.125)MH Critics of a military strike fear that Iran will retaliate by unleashing Hezbollah and Hamas AND , but also cease to see itself as much of an international player.
The international community would support strikesY Net News 6/18 (Israeli news service, Yitzhak Benhorin, 6/18/10 “Poll: Globe backs Iran strike”, http://www.ynet.co.il/english/articles/0,7340,L-3907260,00.html)MH WASHINGTON – United global front against Iran? The residents of several Arab countries, AND said they would accept a nuclear Iran that respondents who preferred military action.
The international community would support strikes- any evidence about public quotes from countries should be discountedGhitis 7/22 national affairs writer for Miami Herald (Freda, 7/22/10, “Arabs fear nuclear Iran”, http:~/~/www.mercedsunstar.com/2010/07/22/1503454/html(%%)) MH One of the open secrets surrounding the Iranian nuclear program is that Tehran's Arab neighbors AND most dangerous region in the world could become far, far more unstable.
| |
| 01/08/2013 | Energy K - CSUTournament: CSU | Round: 5 | Opponent: Emory cM | Judge:
1NC
Energy production policy is grounded within a global system of inequality and militarism – Enables continued reactionary violence and environmental destruction in the name of continued economic growthByrne and Toly ‘6 (“Energy as a Social Project: Recovering a Discourse” John Byrne and Noah Toly, pp 1-32, Energy, Environment, and Society in Conflict 2006 Center for Energy and Environmental Policy Established in 1980 at the University of Delaware, the Center is a leading institution for interdisciplinary graduate education, research, and advocacy in energy and environmental policy. CEEP is led by Dr. John Byrne, Distinguished Professor of Energy and Climate Policy at the University. For his contributions to Working Group III of the Intergovernmental Panel on Climate Change (IPCC) since 1992, he shares the 2007 Nobel Peace Prize with the Panel's authors and review editors. Dr. Toly’s chief interests are in urban and global environmental governance. He has co-edited three books and has authored numerous other publications on topics such as global cities, environmental issues, and religion. He is editor of the Routledge series, Cities and Global Governance and was selected to the Chicago Council on Global Affairs Emerging Leaders Program for 2011-2013. His expertise includes issues related to urban and environmental politics, global cities, and public policy. Dr. Toly directs the Urban Studies and Wheaton in Chicago programs. From climate change to acid rain, contaminated landscapes, mercury pollution, and biodiversity AND considers the discursive continuities between the premises of conventional and sustainable energy futures.
The impact is Extinction – The K turns and solves the root cause of their impacts – the aff causes error replicationAhmed 12 Dr. Nafeez Mosaddeq Ahmed is Executive Director of the Institute for Policy Research and Development (IPRD), an independent think tank focused on the study of violent conflict, he has taught at the Department of International Relations, University of Sussex "The international relations of crisis and the crisis of international relations: from the securitisation of scarcity to the militarisation of society" Global Change, Peace and Security Volume 23, Issue 3, 2011 Taylor Francis The twenty-first century heralds the unprecedented acceleration and convergence of multiple, interconnected AND turn radicalising the processes of social polarisation that can culminate in violent conflict.
VOTE NEG – Interrogating dominant policy frameworks creates space for new ways of approaching energy policy – our role as energy policy researchers should be to interrogating the framing of our policiesScrase and Ockwell 10 (J. Ivan - Sussex Energy Group, SPRU (Science and Technology Policy Research), Freeman Centre, University of Sussex, David G - Tyndall Centre for Climate Change Research, SPRU, Freeman Centre, University of Sussex, “The role of discourse and linguistic framing effects in sustaining high carbon energy policy—An accessible introduction,” Energy Policy: Volume 38, Issue 5, May 2010, Pages 2225–2233) The way in which energy policy is “framed” refers to the underlying assumptions AND Dryzek et al., 2003url:http://www.sciencedirect.com/science/article/pii/S0301421509009471#bib6—these are explored in detail further below).
Impact Calc
Structural violence is the proximate cause of all war- creates priming that psychologically structures escalationScheper-Hughes and Bourgois ‘4 (Prof of Anthropology @ Cal-Berkely; Prof of Anthropology @ UPenn) (Nancy and Philippe, Introduction: Making Sense of Violence, in Violence in War and Peace, pg. 19-22) This large and at first sight “messy” Part VII is central to this AND including the house gun and gated communities; and reversed feelings of victimization).
Hegemonic forms of knowledge is the biggest internal link to global violenceBurke 7 (Anthony, Senior Lecturer in Politics and International Relations at UNSW, Sydney, “Ontologies of War: Violence, Existence and Reason”, Theory and Event, 10.2, Muse) My argument here, whilst normatively sympathetic to Kant's moral demand for the eventual abolition AND to end the global rule of insecurity and violence? Will our thought?
FW
Framework links – it’s a performative example of how they bracket out certain perspectives in favor of hegemonic ones – It’s not just about simulating energy debate but who has the best method for making energy debates inclusive and productiveSparks 3 (Holloway, asst prof of political science, Penn State, Queens, Teens, and Model Mothers Race and the Politics of Welfare Reform (Paperback) by Sanford F. Schram (Editor), Joe Soss (Editor), Richard C. Fording (Editor)) In spite of the participatory principles embodied in these theories, some deliberative democrats have AND people, large groups of citizens face the devaluation of their political participation.
Interrogating dominant policy frameworks creates space for new ways of approaching energy policy – our role as energy policy researchers should be to interrogating the framing of our policiesScrase and Ockwell 10 (J. Ivan - Sussex Energy Group, SPRU (Science and Technology Policy Research), Freeman Centre, University of Sussex, David G - Tyndall Centre for Climate Change Research, SPRU, Freeman Centre, University of Sussex, “The role of discourse and linguistic framing effects in sustaining high carbon energy policy—An accessible introduction,” Energy Policy: Volume 38, Issue 5, May 2010, Pages 2225–2233) This paper has provided several examples where central elements of energy policy have been discursively AND framing, interpreting and implementing energy policy in the decades to come.2url:http://www.sciencedirect.com/science/article/pii/S0301421509009471#fn2
Sequencing is key – focusing on state politics absolves individual responsibility for the environment and turns case – independent reason to vote negTrennel 6 (Paul, Ph.D of the University of Wales, Department of International Politics, “The (Im)possibility of Environmental Security”) Thirdly, it can be claimed that the security mindset channels the obligation to address AND the top-down, state oriented focus supplied by a security framework.
Perm
No net benefit to the permutation, but there are DAs ---- Permutation co-opts the alt – reaffirms the discoursive hegemony of the 1AC and prevents critical interrogaton of failed methodsScrase and Ockwell 10 (J. Ivan - Sussex Energy Group, SPRU (Science and Technology Policy Research), Freeman Centre, University of Sussex, David G - Tyndall Centre for Climate Change Research, SPRU, Freeman Centre, University of Sussex, “The role of discourse and linguistic framing effects in sustaining high carbon energy policy—An accessible introduction,” Energy Policy: Volume 38, Issue 5, May 2010, Pages 2225–2233) This perspective begins by seeing politics as a struggle for ‘discursive hegemony’ in which AND environmental impacts of industrial emissions (Hajer, 1995, p. 268url:http://www.sciencedirect.com/science/article/pii/S0301421509009471#bib14(%%)).
Rejection is key – reformism leaves root causes untouched – Tech optimism is self-deception that prevents critical inquiryByrne and Toley 6 (John – Head of the Center for Energy and Environmental Policy – It’s a leading institution for interdisciplinary graduate education, research, and advocacy in energy and environmental policy – John is also a Distinguished Professor of Energy and Climate Policy at the University of Delaware – 2007 Nobel Peace Prize for his work on the Intergovernmental Panel on Climate Change (IPCC), Toley – Directs the Urban Studies and Wheaton in Chicago programs - Selected to the Chicago Council on Global Affairs Emerging Leaders Program for 2011-2013 - expertise includes issues related to urban and environmental politics, global cities, and public policy, “Energy as a Social Project: Recovering a Discourse,” p. 1-32) Democratic Authoritarian Impulses and Uncritical Capitalist Assumptions When measured in social and political-economic AND victories or diminish the central role of ‘energy’ in the movement’s quest?
FF Turns
Fossils fuels create ideological path dependency – locks-in energy policy failure – framing is keyScrase and Ockwell 10 (J. Ivan - Sussex Energy Group, SPRU (Science and Technology Policy Research), Freeman Centre, University of Sussex, David G - Tyndall Centre for Climate Change Research, SPRU, Freeman Centre, University of Sussex, “The role of discourse and linguistic framing effects in sustaining high carbon energy policy—An accessible introduction,” Energy Policy: Volume 38, Issue 5, May 2010, Pages 2225–2233) The urgency of the climate change problem and the need for the rapid introduction of AND low carbon energy system as much political as it is technical or economic.
Fossil fuels won’t be able to keep up with rising demand, they’re evidence is just an attempt to preclude discussion about alternativesMurray, ’12 (James, School of Oceanography, University of Washington, Seattle. He was founding director of the University of Washington's Program on Climate Change, 1/26/12, “Climate policy: Oil's tipping point has passed”, Nature; 481, 433–435, JD)
In many parts of the world, particularly the United States, continuing debates about AND today's total production. In our view, this is very unlikely to happen
Tech Op
Their methodology has been co-opted –Tech optimism error replicationBeistegui 97 – Professor of Philosophy at the University of Warwick (Miguel D., Heidegger and the Political, p.71) What monstrousness does Heidegger have in mind here? In what sense can technology be AND “experiences” (Erlebnisse), which he flaunts as his “truths.” |
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