DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Don't Ask Don't Tell Affirmative -- Baker/Russell
Team(s) Most Likely to Run This Case: 1, 2, 4, 5, 6, 8, 11
Contention I: Status Quo fails -- The military policy known as don't
ask don't tell is a blunder -- Chicago Tribune 4/17/99
-Made life worse....discharges increased
-worse among women
-silence and celibacy, creates catch 22
Contention II: Don't ask don't tell is a foundation of societal
homophobia and legitimizes discrimination in all areas...
Margaret Cruishank, Prof. @ city college, 1994 (Gays and Lesbians in the
Military)
-Gay movement must identify the homophobia
-military makes out homophobia as widespread social control good
-roots MAY BE violence and masculinity
-disruption of order comes from homophobia,
-change must be institutional
-greatly weaken
Furthermore, don't ask don't tell gives a greenlight for service members
to sexually harass someone and give impunity to harassers.
Doug Ireland, Researcher @ investigate fund of the nation institute
7/10/2000 The Nation.
-forces women to be sexually active with men to not be accused of being
lesbian
-lesbian baiting
-increase in harassment
-new policy is propensity which is vague and subjective
-searching out gay establishments for service members
Contention III
Removing the band can solve rampant discrimination
-ban forces closets
-closets dehumanizes
-suicide
-leads to sexual discrimination
On balance congressional legislation is essential to combat
discrimination.
Tom Stoddard, New York University Law Review November 1997
-no rise in rebellion for 1964 act
-because there are so many people in congress, it was a "culture shift"
rather than administrative fiat-
The only chance of war is within our military - fighting homophobia is
the best way to make a transition to a new military
Charles Moskos Jr. - Gays and Lesbians in the Military 1994
-Terrorism and internal wars on racism and ethnic animosities likely
but nuclear war isn't
-economic competition, environmental pollution, and crime at forefront
-all embracing theory of society.
-a trend toward postmodern military.
-social experimentation
Five Reasons why plans empirically solves (Michael Kauth)
Plan -- Congress will prohibit all discrimination in
recruitment/hiring/promotion/assignment in the military, we will
supersede all conflicting laws, funding and enforcement as necessary
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 1999
Employer Sanctions Affirmative -- Baker/Russell
Team(s) Most Likely to Run This Case: 4, 11
Chapter One: Inherency
The IRCA has failed in its vain attempt to "purify" the American
workplace, forcing undocumented workers into exploitable positions in an
over-expanding subclass of society
Peter Kwong, Prof of Urban Affairs and Sociology at Hunter College,
Forbidden Workers, 1997, p. 173-4
Chapter Two: Slavery
Employer sanctions create a lower tier of the working class, being
denied fair pay education, health care, and equal treatment
Jennifer Gordan, Harvard Civil Right Civil Liberties Law Review, Summer
1995
These horrible conditions escalate to slavery, worker musk work 18 hours
a day behind barbed wire
Samantha Halem, San Diego Law Review, Spring 1999
The story of Maria Paz illustrated the abuses that undocumented workers
face every day
Jennifer Gordan, Harvard Civil Right Civil Liberties Law Review, Summer
1995
Chapter Three: Nativist Discrimination
Employer sanctions provide an incentive for nativist discrimination
along ethnic axes of identity
John Miller, VP for Equal Opportunity, and Stephen Moore, Director of
Financial Studies @ CATO Institute, "A National ID System: Big Brother's
Solution to Illegal Immigration," CATO Institute Policy Analysis,
www.cato.org, 6/19/1995
The history of nativist discrimination serves as a lens into society.
The increased tension between immigrant classes and the dominant culture
creates fault lines for ethnic warfare
Kevin Johnson, Prof of Law at Cal, University of California Law Review,
Fall 1998
We are obligated to act out against the gross injustice of
anti-immigrant bias and to transcend racism and nativism
Victor Romero, U Michigan Law Review, Fall 1998
Chapter Four: Maquiladoras
American immigration policy creates a labor differential with Mexico
that leads to the creation of Mexican sweatshops called maquiladoras
Elvia R. Arriola, Prof of Law at DePaul, DePaul Law Review, Spring 2000
Current labor conditions cause sexual harassment in the maquiladoras, as
shown in the following narratives compiled by Elvia R. Arriola, Prof of
Law at DePaul, DePaul Law Review, Spring 2000
Society's complicity in gendered violence legitimizes all forms of
violence including nuclear war. Only solving gender conflicts can bring
world peace
New York Times 12/29/1983
Plan: The federal government should prohibit inquiry about immigration
in employment.
The final chapter: Solvency
Congress must repeal employer sanctions to end discrimination and
protect the privacy of all employees
John Miller, VP for Equal Opportunity, and Stephen Moore, Director of
Financial Studies @ CATO Institute, "A National ID System: Big Brother's
Solution to Illegal Immigration," CATO Institute Policy Analysis,
www.cato.org, 6/19/1995
Narrative storytelling provides an escape from the abusive system,
clearing space for marginalized voices in the first step for toward
change
Elvia R. Arriola, Prof of Law at DePaul, DePaul Law Review, Spring 2000
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Genetics Affirmative -- Baker/Russell
Team(s) Most Likely to Run This Case: 2, 3, 6, 7
Observation One: Inherency
the capabilities made possible by genetic screening open the door for
discrimination
pantagraph 7/1/2000
employers have unlimited access to employees genetic records
colby 98
federal govt shapes discourse about eugenics
duster 90
plan: the USFG will reject its current determinist acceptance by banning
genetic screening in employment. Funding and enforcement guaranteed.
We'll clarify.
adv 1: neo-racism and eugenics
eugenics leads to racism
kuhl 94
eugenics leads to the next holocaust
paul 98
national policy key to framing debate and stopping eugenics
duster 90
informed discourse key to saving benefits of genetics while avoiding
negative social consequences
mcgill law journal 2000
lack of federal legislation could lead us to an uneducated abandonment
of the benefits of biotechnology
times-picayune 6/8/2000
discourse key to avoiding eugenic discrimination while solving diseases
such as AIDS
kornberg 98
discourse key to avoiding acid rain, overpopulation, rainforests,
species and nuclear war
rutherford 95
misunderstanding of science leads to malthusian damnation
dunbar 95
fed action key
mcgill law journal 2000
determinism not true
peters 97
now key time
mcgill law journal 2000
gene testing proves one drop of blood is an entire medical record
texas review of law and politics 1999
fed legislation key to framing the debate
colby 98
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Korematsu Affirmative -- Baker/Russell
Team(s) Most Likely to Run This Case: 5, 10
Observation One: the Korematsu Precedent Stands
The case of Korematsu vs. United States, which authorized internment and
reaffirmed that racism was a constitutional value has not passed away
into insignificance. The episodic and regressive tendencies of
constitutional law mean that Korematsu is an influential precedent that
is repeatedly used by the Supreme Court to this day
Hashimoto, '96 (Dean Masaru, asst prof of law @ Boston College, Fall,
UCLA Pacific Law Journal, pg. l/n)
The Korematsu precedent represents a gross violation of Fourth amendment
search and seizure rights. This was one of the original justifications
of Fred Korematsu's case. Denman, 43 (Circuit Judge, dissenting,
Korematsu v. U.S., December 2, 140 F.2d289, l/n)
Plan: In order to rectify this gross historical injustice, the United
States Supreme Court will overturn the Korematsu v. United States. We'll
clarify.
Observation Two: the Observance of Historical Wrongs and Future Dangers
The Kormatsu case represents a great and evil blotch upon our national
history. It violated and degraded the basic individualism upon which
democracy is predicated. This sweeping and complete deprivation of
constitutional rights culminated in a constitutional sanctification by
the Supreme Court. Jacobus tenBrook, EdwardN. Barnhart, and Floyd W
Matson, profs of political science and sociology, 1954, Prejudice, War
and the Constitution: Japanese American Evacuation and Resettlement, pg.
325-6
The Korematsu decision falls into the ugly abyss of racism. The only
justification for the decision was pure bigotry. This legalization of
racism is utterly revolting among a free people Mitchell T. Maki, Harry
H.L. Kitano, and S, Megan Berthold, Achieving the Impossible Dream: How
Japanese Americans Obtained Redress, Univ of Illinois, 1999
Racism is so deeply painful and assualtive that it constitutes spirit
murder. It is our obligation to eradicate this social blight before it
deprives us of our humanity Katheryn K. Russell, Asst. prof @Univ of
Maryland, Indiana Law Journal, Summer 96
Because the Korematsu precedent still stands, the principle of racism
and the criminal procedure of internment lie about like a loaded weapon
ready to be fired. Internment will be legal in the future
Joel B. Grossman, prof of political science, Hawaii Law Review, Fall,
1997, pg. l/n
The Korematsu precedent stands as a valid precedent, an authoritative
interpretation of the Constitution, and the supreme law of the Land.
Allowing the precedent to stand heightens the chance that internment
will occur again
Yen, 98 ( Alfred C., prof of Law, Boston College Third World Law
Journal, pg. l/n)
The clamor over emerging terrorist threats has created the possibility
of repressive cures that outweigh the threat. Current legal precedent in
the United States endorses guilt by association, a principle which
compromises basic democratic values. This is one of the many possible
scenarios for internment for the future
Walter Laquer, law, Depaul Univ, April 2000, The American Journal of
International Law, pg. l/n
Observation Three: the Call to Action
We must act to overturn Korematsu immediately. Allowing the precedent to
stand will allow internment to occur during the next period of military
necessity Gott, 98 (Gil, Ph.D. Univ of Clifornia, Boston College Law
Review, pg. l/n)
The Korematsu decision must be overturned immediately. It is imperative
so that dialogue is created which will attempt to remedy the ills that
Korematsu has created and prevent the dangers that could occur. A
failure to act immediately means that this evil blotch remains upon our
constitutional history and means the lower courts will continue to use
Korematsu to achieve tangible results
Masaru, '96 (Dean, asst prof of law @ Boston College, Fall, UCLA Pacific
Law Journal, pg. l/n)
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Racial Profiling Affirmative -- Baker/Russell
Team(s) Most Likely to Run This Case: 9
Observation One Inherency
Welcome to the Modern World of Internment, the police use racial
profiling today.
Ira Glasser 2000, Albany Law Review
The Supreme Court decision in Whren v. US legitimizes Pretextual Stops,
which leads to Racial Profiling
David A. Harris, 1998, George Washington Law Review
Racial Profiling is used to violate 4th Amendment Search and Seizure
Protections The Arizona Republic 5/25/00
Observation Two: The Advantage is Racism
The Supreme Court decision in Whren v. US legitimizes and reinforces
racially biased stereotypes
Jennifer A. Larabee 1997 Journal of Law and Policy
Whren leads to more minorities being racially profiled and treated like
criminals
David A. Harris 1998 George Washington Law Review
Criminalization of Race is the Short Way to Genocide Clarence J.
Munford 1996 "Race and Reparations"
Racism is Spirit Murder Kathryn K. Russell 1996 Indiana Law Journal
Spirit Murder devastates the Individual and should be considered a crime
Patricia Williams 1996 University of Miami Law Review
Legal System Perpetuates Racism and Spirit Murder through in action
Kathryn K. Russell 1996 Indiana Law Journal
Affirmative Ballot is important first step towards acknowledging and
eradicating racism in the justice system
David Cole 1999 "No Equal Justice"
The Plan:
At the next available opportunity the Supreme Court will reverse it's
decision in Whren v. US, reverting back to the would have standard
Observation Three is Solvency
Reversing Whren is key to solving Racism Andrew Leipold, 1998
Chicago-Kent Law Review
We need to change the way we approach traffic stops in order to solve
David A. Harris 1998 George Washington Law Review
Would have Standard Solves Better than Could Have Sean Hecker, 1997
Columbia Human Rights Law Review
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Abortion Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Asset Forfeiture Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Body Cavity Searches Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Echelon (The Biggest Brother) Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Encryption Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Internet Privacy Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Korematsu Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Profiling Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Secret Service Affirmative -- Cheshier/Garen
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Body Cavity Searches Affirmative -- Davis/Geppert
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
DOE Polygraphs Affirmative -- Davis/Geppert
Teams Running This Case:
Observation 1 Congress is enacting polygraph policy to test 800
scientists each year. Tansey 99
This policy comes at a time when the importance of doe scientist and new
recruits at an all time high doe 99
adv 1: nuke deterrence
polygraph testing program destroys the doe's ability to retain and
distract current and future employees. Monroe 99
also the lack of trust in polygraphs infuriate employees-kills
recruitment. ny times 99
program kills morale- drives employees away albuquerque journal 00
each doe scientist key to deterrence tarter 99
deterrence solves panofsky 97
prolif = nuke war burrows and windrem 94
plan: the u s congress will remove legal requirement over polygraph
testing of doe scientist. doe will bant he use on scientist..
obv 2: solvency
ota study show polygraphs inaccurate. sandia national laboratory 99
ota reports spies beat polygraphs sandia national laboratory 99
congressional legislature only way to solve. albuquerque 99
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Don't Ask Don't Tell Affirmative -- Davis/Geppert
Teams Running This Case:
ob. 1-dadt is a failure-Nat'l Journals Congress daily-2000
ob.2-
1)readiness-readiness low-la times 2000
dadt increases witchhunts and costs-Rayside 96
readiness stops war-shelton 99
2) heterosexism-
military policy => the closet and heterosexism-D'Amico 96
closet dehumanizes-Beneke and dodge-96
dehum negates the value of life-richards 99
societal heterosexism high-leslie 00
plan USFG will ban article 125 of the ucmj and related parts of the mcm
ob 3-plan removes barriers to readiness-international security 98
repeal solves the closet-D'amico 96
integration solves bias-blanco96
chain if command solves-bianco 96
military key to societal change-lehrig 96
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Encryption Affirmative -- Davis/Geppert
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Medical Records Affirmative -- Davis/Geppert
Teams Running This Case:
plan: the cdc will amend its guidelines for national HIV case
surveillance to withdraw its support for name based HIV reporting
commenting and explicitly state that it will provide funding for
non-name based systems
Inh
1 cdc guidelines for national HIV case surveillance are biased toward
HIV name reporting ACLU 99
2 guidelines are mandates to states since funding is linked to choosing
the cdc's preferred system 2000
3. confidentiality doesn't solve adams 97
4. name reporting deters people from being tested for HIV Coles 97
5. data from name reporting is key to target aids anti discrimination
laws and education/prevention /treatment programs adams 97
6. aids kills 20,000 Americans each year la times 95
7. failure to stop discrimination creates an unjust society closen 98
8 justice is absolute [blah, I don't remember the cite probably doesn't
matter]
[plan]
9 we should do the plan petriolli 99
10 non name based systems solve hassens 97
[the underview rotates from round to round]
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Presidential Privacy Affirmative -- Davis/Geppert
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Secret Service Affirmative -- Davis/Geppert
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
DOD DNA Affirmative -- Hoe/McIntosh
Teams Running This Case:
Observation One: Inherency.
The DOD currently collects DNA from enlisted people w/out their consent
violating privacy. Sarah Gill - Naval Law Review. 1997
Advantage One: Genetic implications
The propensity of genetic discrimination in the DoD increases every time
a service member's DNA is added to the Repository.
Natalie Stepanuk - Catholic University Law Review. Spring 1998.
The abuse of power that occurs creates racial genetic discrimination.
Sarah Gill. Naval Law Review. 1997
Even though protection of genetic discrimination exists, businesses can
easily circumvent these policies without the worker knowing. Elizabeth
Reiter. Buffalo Law Review. Spring 1999.
Genetic testing causes a stigmatization on the individual level,
reducing them to feel alienated from the rest of the military.
Richard Bornstein - Journal of Law and Policy. 1996
Genetic Discrimination leads to an individual being put into a class
providing a group of people and their families to have prejudice
against. Robert Scherer. Georgetown Law Journal. 1997
Genetic research has opened the doors to allowing the discrimination
against a group of people portraying a "scientifically proven racism."
Dr. Jero S. Kotval. Albany Law Review. 1998
Advantage Two: Eugenics
Information gained from genetic testing cause stigmatization and class
discrimination paralleling the Eugenics movement.
Ronald Green Harvard Journal of Law and Technology. 1998
Utilitarian calculus justifies eugenics as being the greatest good,
reducing the individual to a tool of society.
Laura Palazzani. Man Made Man:... 1997 (p. 51,52)
The American Eugenics movement parallels the Nazi's race improvement
measures under the name of humanism.
Eugenicists focus greatly on racist claims of ethnic diseases that
justifies the inferiortization of the ethnic group.
Observation Three: Solvency
The DoD DNA registry is not necessary, traditional identification work
fine. Elizabeth Reiter. Buffalo Law review. Spring 1999
Using DNA from the DoD could cause misidentification. Elizabeth
Reiter. Buffalo Law Review. Spring 1999
Military personnel contest the registry on grounds of search and
seizure. Robert Scherer. Georgetown Law Journal. 1997
Safeguards for computers are nonexistent allowing for massive violations
of privacy. Elizabeth Reiter. Buffalo LR. Spring 1999
Destroying the DNA registry increases the privacy /prevents further
discrimination. ACLU Testimony to Congress, March 2000
As an employer, the military must get rid of the DNA storage to protect
service members from third party employers.
Sarah Gill. Naval Law Review. 1997
Dissolvent of the DNA registry is the linchpin to preventing genetic
discrimination, the furthering of the eugenics movement, and increasing
protection of privacy. Robert Scherer. Georgetown Law Journal. 1997
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
DOE Polygraphing Affirmative -- Hoe/McIntosh
Teams Running This Case:
Observation One: Inherency
Recruitment and retention at the Department of Energy are falling
rapidly, impairing United States ability to maintain its nuclear
stockpiles. Aviation Week and Space Technology in 2000
The cause of these problems is polygraph testing, which is damaging
morale and staffing to a point where the threat of nuclear disarmament
is looming. Aviation Week and Space Technology 2000
These lie-detector tests constitute 4th-Amendment searches, and yet
remain unregulated by warrants
Julia Craig, 1984
Furthermore, the accuracy of polygraphs is highly questionable, and they
may falsely implicate innocent people working for the government The
Plain Dealer, 1999
The Plan: The USFG should significantly increase protection of privacy
in the areas of employment and search and seizure. The Department of
Energy will apply a warrant restriction in all instances of polygraphing
of DOE scientists. All necessary powers, funding, and enforcement
through any normal means, all speeches serve as intent.
Observation Two: Advantage
Current proliferation threatens U.S. operations abroad and raises the
risks of attacks on civilian populations near Libya, Iraq, Iran and
North Korea. Keith B. Payne, 1995
Thus, a strong deterrent is a necessary hedge against a reversal of
relations with Russia, a war among the great powers, destabilizing
proliferation by Japan and Germany, strikes by sketchy states, and the
total unbalance of the international system.
Cambone and Garrity, 1995
Observation Three: Solvency
Placing a warrant requirement on polygraphing creates a perfect balance
between national security and individual rights.
Julia Craig, 1984
And, restricting more intrusive security measures solves recruiting,
retention, and lab morale.
Special Oversight Panel on Department of Energy Reorganization, 2000
The Department of Energy's labs are key to the survival of the nation,
it is vital to act now to ensure their continued success by reaffirming
support for lab employees Senate Armed Services Committee 2000
Next, the vitality and capabilities of DOE laboratories are essential to
the innovations that will ensure our continued nuclear superiority and
national security Department of Energy, 1997
Finally, the need for recruitment outweighs current crackdowns- security
breaches can never undermine the technical superiority of creative labs.
Bulletin of Atomic Scientists, 1999
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Environmental Audits Affirmative -- Hoe/McIntosh
Teams Running This Case:
Observation one: Inherency - Status Quo Policies Are Failing
Current EPA and DOJ policies concerning environmental audits are
inconsistent and merely act as regulations, not enforceable laws.
Knight '00 - J.D. New York University of Law - 3 N.Y.U. J. Legis. &
Public Policy 125
These inconsistent applications of environmental audit policies renders
them largely ineffective and destroys privacy rights for the
corporations. Knight '00
Also, all 4th amendment claims concerning environmental audits have been
failing consistently.
Lachenmayer, Lockner, Olson, and Wolpert '98 - 35 Am. Crim. L. Rev. 597
Observation two: Harms
Advantage one is statistical murder. Government resources with in the
EPA are being wasted on unnecessary environmental crime litigation due
to lack of audit compliance. These resources, if more efficiently
allocated, could save 600,000 lives.
Cross '95 - Ecology Law Quarterly
Advantage two is environmental destruction. Large corporations are
suffering from liability and stigma due to the over-prosecution of
environmental crime litigation. Mazza '96 - 23 Ecology L.Q. 79
This fear of litigation is causing corporations to hide their audit
reports, leaving environmental destruction unchecked.
Wallach '97 - Testimony Before the Senate Environment and Public Works
Committee
This destruction will yield devastating effects to our environment such
as pollution, respiratory illnesses, and cancer.
Houseman '92 - Washington and Lee Law Review
Additionally, the loss of natural habitat will obliterate genetic and
species diversity.
Jablonsky '93 - Prof. of Paleontology at U. Chicago - The Last
Extinction
And, we are on the brink of extinction and must be compelled to act
immediately. Wilson '80 - Prof. of Science at Harvard
Acting now increases the chance of solving for species and genetic
diversity. Elrich and Elrich '80 - Prof. of Biological Sciences at
Stanford; Senior Research Associate in the Department of Biological
Science at Stanford - Extinction
Also, we have a moral obligation to stop the destruction of our
environment. Wilson '84 - Prof. of Science at Harvard - Biophilia
Ecological mistreatment outweighs even nuclear war. Ophuls '97 -
Philsopher and Economist - Requiem for Modern Politics
Thus, the plan. Congress shall pass legislation granting privilege to
environmental audit reports conducted for the purpose of establishing
entities$E2 compliance with environmental laws and regulations. These
entities will be granted immunity from prosecution resulting from
evidence found in the audits. Funding and enforcement guaranteed. We
reserve the right to clarify intent, so ask before you get it wrong.
Observation three is solvency. The federal government is daddy.
Governmental leadership is crucial to solving for ecocide.
Gray '96 - First Secretary - California Western International Law
Journal
Voluntary auditing will lead to compliance and solve for the environment
as well as result in more efficient and effective
Regulation. Wallach '97 - Testimony Before the Senate Environment and
Public Works Committee
Self-regulation will solve governmental resource allocation, allowing
the EPA to get more bang for their buck.
Mostek '98 - Creighton Law Review
Audits are an affirmative tool that will achieve a safer, healthier
status quo and increase privacy rights for audit records.
Senate Environment and Public Works Committee '97
The federal government will solve interstate spillovers, lack of
uniformity, and will reap high environmental standards.
Engel '97 - Associate Prof. Tulane Law School. 48 Hastings L.J. 271
Allowing the 50 states to act will result in a torturous race to the
bottom in environmental standards. Engel '97
And lastly, congressional legislation is key to self-audit protection.
Wallach '97
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
FAA-HIV Affirmative -- Hoe/McIntosh
Teams Running This Case:
Observation One: Inh
The current FAA policy of grounding pilots with "AIDS characteristic
infections" has caused repeated breaches of confidentiality and
discrimination. The position of the FAA on HIV and AIDS is extremely
important to the status of airline workers.
Brian McCormack, lawyer, 1995, Journal of Air Law and Commerce
Also, The Americans with Disabilities Act has no confidentiality
requirements for persons with HIV. More specific statutes are key to
solving this medical loophole. Brian McCormack, lawyer, 1995, Journal
of Air Law and Commerce
Additionally, Private airlines have used mandatory testing of pilots on
the assumption of HIV impairment.
Charles Curran, Professor of Law at Columbia University, April 1990,
Columbia Law Review; l/n
Thus, the adv: HIV Stigmatization
First, air transportation workers stand in a precarious position in a
nexus of three common American phobias - aerophobia, virophobia, and
homophobia. Confidentiality of HIV-testing is critical to avoiding HIV
discrimination.
Brian McCormack, lawyer, 1995, Journal of Air Law and Commerce
Next, disclosure of a persons HIV status leads to social ostrasization
as the employee is humiliated by co-workers anonymous letters, threats,
and harassment. Erika L Greenfield, Professor of Law at Hofstra
University, 1997, Hofstra Labor Law Journal, l/n
HIV stigmatization's wide spread human rights breaches have caused
devastating consequences; including suicide, murder, unbearable pain,
horrific disfigurement, and callous isolation. We have witnessed a
disease holocaust now approaching 20 years, it is the time to end this
pain Michael Closen, Professor of Law, John Marshall Law School, 1998,
l/n
PLAN TEXT: The United States Federal Government will significantly
increase the protection of privacy in the areas of medical records,
employment, and search and seizure. The FAA will institute a
confidentiality requirement for all Air transportation worker testing as
well as the most appropriate performance based testing replacing any
current mandatory testing. All necessary powers, funding, and
enforcement through any normal means. All speeches serve as intent.
Observation Two is Solvency
First, performance based testing methods along with confidentiality
requirements specific to air transportation workers solves
discrimination Brian McCormack, lawyer, 1995, Journal of Air Law and
Commerce
Also, performance based testing ends the yes/no employment
discrimination of individuals with HIV and instead question whether one
is able to do their job. Brian McCormack, lawyer, 1995, Journal of Air
Law and Commerce
And, performance basted and other testing methods can solve flight
concerns of airlines
Brian McCormack, lawyer, 1995, Journal of Air Law and Commerce
Finally, the Underview -- HIV hysteria is the norm rather than the
exception. As whispers turn into rumors and clasify into fact,
individuals are excluded from society. The signals sent by individual
action is key to reversing this trend
Wayne R. Cohen , Associate Shaw, Pittman, Pott and Townbridge, 1992, The
American University Law Review (l/n)
And, It is time to transcend the boundaries of time and place - all
philosophical schools agree, ending HIV stigmatization in employment is
essential Wayne R. Cohen , 1992, The American University Law Review
(l/n)
Finally, it is our moral duty to prevent of the infringement on freedoms
of others Alan Gewirth, professor of philosophy at the University of
Chicago, 1982, Human Rights: Essays on Justifications and Applications,
Pg. 16
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
HIV Exclusion Affirmative -- Hoe/McIntosh
Teams Running This Case:
Contention one: The US screens immigrants for HIV infection and locks
out those who it finds positive--Peter Barta, Winter 1998 Georgetown
Immigration Law Journal
Contention two: The US's HIV exclusion policy spreads the deadly virus
worldwide:
700 years of our collective memory is haunted by plagues-a new one now
ravages our planet: HIV--Peter Gould, The Slow
Plague, 1993
Indonesia and other countries base their HIV exclusion policies on US
HIV exclusion--The Maryland Journal of International Law and Trade,
Spring 1995
US HIV exclusion undermines global solvency efforts for AIDS as other
countries retaliate in their policies toward US immigrants--Barta again
in 1998
Where HIV exclusion is implemented, it drives the disease
underground-preventing treatment and education--Barta again in 1998
It also misinforms the public, stigmatizing those with AIDS and
undermining confidence in the medical community--Juan P. Osuna, Fall
1993, Houston Journal of International Law
The myths and fears fostered by HIV exclusion prevent local education
efforts from succeeding--Mary F. Cotton, 6-17-90, testimony to the House
of Representatives, "HHS Authority Over Immigration and Public Health"
*Mobilizing for education is key to solve the HIV epidemic-preventing
infection--Jeffrey A. Kelly, 1995, Changing HIV Risk Behavior*may not be
read in 1AC
Another preventable infection occurs every 18 seconds--Journal of
Contemporary Law and Policy, Spring 1995
Contention Three: Non-refoulement
Ethnic violence and persection have driven over 18 million people from
their home countries--Kathleen Newland, Survival,
Spring 1993
HIV exclusion refuses to recognize these refugees' unique right to
humanitarian aid--Rebecca Kidder, Yale Law Journal,
November 1996
This sets an international example that justifies exclusion for any
human imperfection--Kidder again in 1996
The home refugees are then forced back to is often torn by cruel war and
oppression--Newland again in 1993
You must act to open the doors to people suffering atrocities-avoid the
mistakes of the past--Tony Anaya, Hoefstra Law Review, Fall 1986
Plan: the US federal government will significantly increase protection
of privacy in the area of medical records in the US. Congress will
remove HIV exclusion from the list of viruses that provide ground for
exclusion from the Immigration Act of 1990 and all subsequent
legislation. All necessary powers, funding, and enforcement through any
normal means. All speeches serve as intent.
Contention Four: solvency
That HIV test is an invasion of privacy--San Francisco Chronicle 1-8-92
The testing mandated by HIV exclusion is ineffective, generating false
positives and false negatives--Barta again in 1998.
*subject to minor revision*
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Thermal Imaging Affirmative -- Hoe/McIntosh
Teams Running This Case:
obs 1: inherency -- with the constant advancement of technology
government intrusion into the public's private lives has increased.
police are now using thermal imagery devices to detect potential
marijuana growers from the street before ever acquring a search warrant.
the supreme court has been inconclusive about the use of evidence
obtained through thermal imagery until now and a precedent needs to be
set catholic university law review 2000
thermal imagery devices measure the heat emitted from structures through
electric sensors. they can detect changes as small as one half of a
degree up to a quarter of a mile away. these imagers relay the
information along with still, video, or real life pictures
albany law review 1997
the technology has become so advanced that intimate details such as
sexual activities can be detected
catholic university law review 2000
by allowing the police to intrude on private lives by spying into homes,
the very foundation of personal privacy is threatened
albany law review 1997
as technology advances and searches become more intrusive people will
seclude themselves from the outside world
california law review 1996
big brother is no longer a fictional entity. the constitution needs to
be protected so that the united states cant be allowed to legally spy on
and search private homes drake university law review 1997
plantext: in order to significantly increase the protection of privacy
in the united states in the area of search and seizure, we offer you the
following plan: overturn the penny-feeney decision based on violation of
the 4th amendment and all other inconsistent rulings. enforcement
guaranteed, we reserve the right to clarify intent. all cp's written in
text please
obs 2: solvency
rapid technological advancements require that a precedent be set by the
supreme court to protect individual rights
albany law review 1997
requiring search warrants ensures there is probable cause to justify the
privacy invasion. by application of the 4th amendment, citizens will be
protected from police abuse california law review 1996
protecting the 4th amendment is key to protecting our other
constitutional rights
obs 3: racism
although drug problems are far more prevalent in the white community,
African Americans are incarcerated at 34 times the rate of whites for
drug offences publications correctional professional 2000
the distorted picture the police have created around african american
drug use has helped feed the bigotry against minorities. this has led to
african americans paying a higher price for crime and leading to poverty
chicago sun times 2000
equal enforcement of the law improves policing by gaining public trust
cole, no equal justice, 1999
police community relations are key to preventing crime hooks, beyond
the rodney king story, 1994
we must reject every instance of racism no matter what the consequences
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Breastfeeding Affirmative -- Langwell/Lundberg
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Homeless/HIV Affirmative -- Langwell/Lundberg
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Informed Consent Affirmative -- Langwell/Lundberg
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Non-Human Rights Affirmative -- Langwell/Lundberg
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Safe Harbor Affirmative -- Langwell/Lundberg
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Adultery in the Military Affirmative -- Sparacino/Strange
Teams Running This Case:
CONTENTION ONE: THE U.S. MILITARY CONDITONS EMPLOYMENT STATUS ON PRIVACY
MATTERS
DESPITE THE FACT THAT THE AMERICAN PUBLIC IS VERY LIBERAL ABOUT SEXUAL
PRACTICES, THE U.S. MILITARY CRIMINALIZES ADULTERY. THE KELLY FLINN
STORY ILLUSTRATES THE LUNACY OF THIS LAW
(Winner, writing for the Loyola Law Review in 1998)
THE MILITARY'S WITCH HUNTS FOR ADULTERERS SETS UP A NATIONWIDE HOTLINE
THAT TRIGGERS AN ONSLAUGHT OF SEXUAL ALLEGATIONS. THIS RISKS A
SPILLOVER EFFECT INTO THE REST OF SOCIETY
(Easterbrook, Editor of Atlantic Monthly, LA Times, 6/15/97)
PLAN: THE DEPARTMENT OF DEFENSE WILL DECRIMINALIZE ADULTERY IN THE
MILITARY THAT OCCURS OUTSIDE THE CHAIN OF COMMAND.
CONTENTION TWO: VIOLENCE
THE RATE OF SPOUSAL ABUSE IN THE MILITARY IS FIVE TIMES HIGHER THAN THE
CIVILIAN POPULATION. IN THE PAST FIVE YEARS, FIFTY THOUSAND SPOUSES IN
THE MILITARY HAVE BEEN VICTIMS OF THIS VIOLENCE
(Bradley, 50 minutes, 1-17-99)
THE CRIMINALIZATION OF ADULTERY EXACERBATES VIOLENCE BECAUSE IT
CONSTRUCTS A VISION OF SEXUAL CONDUT WHERE INFIDELITY IS DESERVING OF
THE HARSHEST LEGAL SANCTION
(Hopkins, Professor of Law at Washington and Lee University, UCLA
Women's Law Journal, Spring 1999)
AND THIS MESSAGE GIVES A BATTERER ADDITIONAL LICENSE TO PURSUE REMEDIES
TO PENALIZE SUSPECTED OR REAL ACTS OF INFIDELITY THROUGH ASSAULT OR
HOMICIDE (Hopkins again)
FURTHERMORE, THE STORY OF SADIE C. ILLUSTRATES THE SICK, CRIMINAL
BEHAVIOR THAT A BATTERER CAN UNLEASH ON THE SPOUSE THAT DARES LEAVE
THEIR LOVER (Hopkins again)
CONTENTION THREE: CRIMINALIZING ADULTERY VIOLATES A PERSON'S RIGHT TO
PRIVACY
THE MILITARY USES ORDER AND DISCIPLINE AS AN EXCUSE TO CRIMINALIZE
ADULTERY. THIS POLICY VIOLATES EVEN A SOLDIER'S REASONABLE EXPECTATION
OF PRIVACY. THE MILITARY'S REGULATION OF SEXUALITY ERODES THE VERY CORE
OF WHO A PERSON IS AND WHAT THEY ARE ABOUT (Hamline Journal of Public
Law and Policy, 1997)
AND, AN EFFECTIVE LEGAL SOLUTION REQUIRES THE DEREGULATION OF SEXUAL
CONDUCT. THIS MEANS MORE PRIVACY AND LESS LAW REGULATING SEXUAL
BEHAVIOR
(Martha Chamallas, Professor of Law at University of Pittsburgh,
Minnesota Law Review, December 1998)
THE MILITARY'S RULES ON ADULTERY SHOULD BE THOROUGHLY RE-EXAMINED. THE
MILITARY SHOULD FOLLOW THE TREND IN THE LARGER SOCIETY AND ELIMINATE ALL
PENALTIES FOR ADULTERY (Chamallas again)
LEGAL RECOGNITION OF ADULTERY RISKS REPRODUCING SEXIST IDEOLOGY AND
PERPETUATING OPPRESSION AGAINST WOMEN. CRIMINALIZING ADULTERY DOES NOT
SOLVE FOR ENVIRONMENTAL HARMS THE MILITARY SEEKS TO AVOID WITH ADULTERY
(Chamallas again)
INFACT, CRIMINALIZING ADULTERY INCREASES THE RISK THAT A COMMANDER'S
AUTHORITY WILL BE UNDERMINED. EMPLOYERS SHOULD NOT BE ALLOWED TO
PENALIZE OR DISMISS EMPLOYESS BECAUSE OF EXTRAMARITAL RELATIONSHIPS THAT
HAVE LITTLE IMPACT ON JOB PERFORMANCE (Chamallas again)
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Cookies Affirmative -- Sparacino/Strange
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
HIV Exclusions Affirmative -- Sparacino/Strange
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Korematsu Affirmative -- Sparacino/Strange
Teams Running This Case:
Observation 1 - Korematsu Lives -- In 1942, In the heat of World War II,
The Supreme Court held in Korematsu v. United States that internment of
hundred of thousands of Japanese-Americans under martial law was
legitimate. Unfortunately, despite minor reparations, the Supreme Court
has never overruled the Korematsu decisions leaving it as an official
act of government sanctioned white hegemony, leaving the possibility
open that internment once again could sweep the nation
Alfred C. Yen - Professor of Law @ Boston College, Fall 1998, ``19 B.C.
Third World Journal. 1''
Additionally, despite the view that the Supreme Court has just ``wished
away'' the precedent, the Korematsu decision lives on in the Federal
Courts
Dean Masaru Hashimoto, Assistant Professor of Law @ Boston College, Fall
1996, ``4 UCLA Asian Pac. AM. Law journal. 72''
And, The Argument that the Supreme Court hasn't recanted because it
hasn't had the opportunity is false. Cases are constantly heard but
rather than override Korematsu, The Court continues to legitimize its
use
Dean Masaru Hashimoto, Assistant Professor of Law @ Boston College, Fall
1996, ``4 UCLA Asian Pac. AM. Law journal. 72''
Furthermore, The Court's failure to overrule Korematsu leaves the
precedent intact. Lower Courts continue to justify mass privacy
violations and warrantless search and seizures
Dean Masaru Hashimoto, Assistant Professor of Law @ Boston College, Fall
1996, ``4 UCLA Asian Pac. AM. Law journal. 72''
Henceforth the plan:
We demand that the United States Supreme Court Overturn its decision in
Korematsu V. United States. We'll Clarify
Observation 2 - The Struggle
The Supreme Court's Indirect Refusal to avoid Overturning the Korematsu
decision maintains an on-face policy of oppressive silence and
discrimination. It leaves military discretion an open possibility
Dean Masaru Hashimoto, Assistant Professor of Law @ Boston College, Fall
1996, ``4 UCLA Asian Pac. AM. Law journal. 72''
And the Supreme Court's decision in Harrisades serves as an example -
the precedent set in Korematsu isn't just limited to Japanese -
Americans. Its effects can and have been used to justify widespread
exclusion and discrimination
Dean Masaru Hashimoto, Assistant Professor of Law @ Boston College, Fall
1996, ``4 UCLA Asian Pac. AM. Law journal. 72''
Also, The Externalization of Central Americans and Arab Americans prove
that the Court's failure to override Korematsu makes future deployment
of internment based on white hegemony a near inevitability
Gill Gott, Depual University Law and International Studies, December
1998, ``40 Boston College Law Review 179''
Moreover, Korematsu provides a legal codification of the boundaries
between inside and outside, self and other. Through the legitimization
of Japanese Internment, The Court rooted Asian identity in foreignness
and exclusion
Harvey Gee, JD at St. Mary's University School of Law, Summer 1999
And Finally, The war waged within against the Japanese-American
``Other'' via internment practices informed the dehumanization that
directly led to mass killings and the justifiable slaughter of the
Japanese
Gill Gott, Depual University Law and International Studies, December
1998, ``40 Boston College Law Review 179''
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Posse Comitatus Affirmative -- Sparacino/Strange
Teams Running This Case:
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Presidential Powers Affirmative -- Sparacino/Strange
Teams Running This Case:
Dartmouth
Debate
Institute
2000
Casebook
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and it destroys the credibility of all our sanctions, which entail
non-proliferation efforts. Without improving the sanctions system, free
trade, US leadership, counter-terrorism efforts and export promotion
will all be subverted.
A4 -- Space Cooperation
ö
DARTMOUTH DEBATE INSTITUTE
July 16 - August 13, 2000
Ban Echelon Affirmative -- Baker/Russell
Team(s) Most Likely to Run This Case: 6, 7, 8
Observation I: Big Brother is Listening
1. Upon the outset of the Cold War the Anglo-Saxon conglomerate
consisting of the United States and four other nations, established a
world-wide surveillance network code-named Echelon. Through the use of
shady legal tactics, Echelon had covertly listened to every electronic
and digital communication.
THE NATION, March 20, 2000, page lexis
- Echelon exists, but is covert -- Includes US, Britain, Canada,
Australia, and New Zealand
- NSA uses loopholes to spy on US citizens
2. Furthermore, Echelon is the ultimate unrestrained Big Brother and
spies on everyone and everything.
COPLEY NEWS SERVICE, October 17, 1999, page lexis
- Snoops on all international calls and possibly domestic ones -- Uses
satellites so US laws do not apply
THUS PLAN: The United States Federal Government will ban Project
Echelon. Will clarify intent if needed.
(CX clarification is NSA does plan covertly)
Observation II: Our Allies Across the Pond (Euro Relations)
1. Echelon is largest factor in US-Euro relations, risks destruction of
upcoming European Defense Force/inter-European conflict.
SAN DIEGO UNION TRIBUNE, June 6, 2000, page lexis
- Echelon is largest problem in relations
- EU fears use of Echelon for economic espionage -- EU hates Anglo-Saxon
nature of Echelon (English only countries are involved)
- Polish integration into EU questions European loyalty or US loyalty
2. And, now is the key time for US-European Relations
WEIDENFELD, 1999, Washington Quarterly Winter, page lexis
- Economic and monetary union makes an opportunity to increase
transatlantic co-op
- US relations are key to essential European Union
3. In the post Cold War era, US-Euro cooperation is essential to
maintain global security
WEIDENFELD, 1999, Washington Quarterly Winter, page lexis
- coalitions are key to solve possible aggression
- EU and US are only possible alliance that can solve
4. Echelon is the driving force between the US-EU cold war and risks a
new hot trade war
INDEPENDENT, July 2, 2000, page lexis
- US intelligence are constructing a new cold war through economic
advantage building
- Clinton=E2=80=99s aggressive advocacy policy is having the NSA spy on
international business
- This policy has constructed a possible new hot trade war -- Echelon
is key to this
5. Economic cooperation between the US and EU is essential to ward off a
global depression
WEIDENFELD, 1999, Washington Quarterly Winter, page lexis
- Start of monetary union stresses need for US-EU cooperation
- Both are largest international market players and are key to ward off
Asian market crashes
6. Global economic meltdown leads to World War III
MEAD, August 30, 1998, Houston Chronicle, page lexis
REITE CARD FROM MEMORY HERE
7. Additionally Echelon fueled tensions will destroy EU defense and
security policies
INTERNATIONAL HERALD TRIBUNE, July 5, 2000, page lexis
