Unnamed: 0
int64 0
241k
| Full-Document
stringlengths 96
265k
| Citation
stringlengths 1
50k
| Extract
stringlengths 34
30.6k
| Abstract
stringlengths 8
8.56k
| #CharsDocument
int64 96
265k
| #CharsAbstract
int64 8
8.56k
| #CharsExtract
int64 34
30.6k
| #WordsDocument
int64 20
41.6k
| #WordsAbstract
int64 4
1.34k
| #WordsExtract
int64 11
4.68k
| AbsCompressionRatio
float64 0
0.99
| ExtCompressionRatio
float64 0
1
| OriginalDebateFileName
stringlengths 19
104
| DebateCamp
stringclasses 30
values | Tag
stringclasses 15
values | Year
stringclasses 11
values |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
3,400 |
'Substantial" means "of real worth and importance; of considerable value; valuable." Bequest to charitable institution, making 1/48 of expenditures in state, held exempt from taxation; such expenditures constituting "substantial" part of its activities. Tax Commission of Ohio v. American Humane Education Soc., 181 N.E. 557, 42 Ohio App. 4.
|
Words & Phrases 60
|
'Substantial" means "of real importance Bequest to charitable institution, making 1/48 of expenditures such expenditures constituting "substantial" activities
|
“Substantial” must be at least 2%
| 341 | 33 | 158 | 49 | 6 | 18 | 0.122449 | 0.367347 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,401 |
Substantial v. insubstantial: Modern courts consider competition with commercial firms as “strong evidence of a substantial nonexempt purpose.” Living Faith, Inc. v. Comm’r, 60 T.C.M. 710, 713 (1990). Although the tax court has held that the definition of insubstantial is fact specific, it has found that less than ten percent of a charity’s total efforts is “insubstantial”, World Family Corp. v. Comm’r, 78 T.C. 921 (1982), where as unrelated business activity generating one-third of an organizations revenue does not qualify for tax-exempt status. Orange County Agric. Soc’y, Inc. v. Comm’r, 55 T.C.M. 1602, 1604 (1988), aff’d 893 F.2d 647 (2d Cir. 1990). However, this may be changing after an increasing emphasis on commensurate test.
|
Mickels 8 (Alissa, JD Candidate – Hastings College of Law, “Summary of Existing US Law Affecting Fourth Sector Organizations”, 7-17, http://www.fourthsector.net/attachments/7/original/Summary_of_US_Law_Affecting_ FS.pdf?1229493187)
|
Substantial v. insubstantial: the definition of insubstantial is fact specific, it has found that less than ten percent of efforts is “insubstantial”
|
Less than 10% is insubstantial
| 741 | 30 | 149 | 114 | 5 | 22 | 0.04386 | 0.192982 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,402 |
In the opinion below, the Tenth Circuit suggested that a percentage figure would be a way to avoid vagueness issues. (Pet. App., at 13-14) Indeed, one of the Amici supporting the City in this case, the American Planning Association, produced a publication that actually makes a recommendation of a percentage figure that should be adopted by municipalities in establishing zoning [*37] regulations for adult businesses. n8 The APA's well researched report recommended that the terms "substantial" and "significant" be quantified at 40 percent for floor space or inventory of a business in the definition of adult business. n9 (Resp. Br. App., at 15-16)
|
Schwartz 4 (Arthur, Lawyer – Schwartz + Goldberg, 2002 U.S. Briefs 1609, Lexis)
|
the Tenth Circuit suggested that a percentage figure would be a way to avoid vagueness issues the American Planning Association, produced a publication that actually makes a recommendation of a percentage figure n8 The APA's well researched report recommended that the terms "substantial" and "significant" be quantified at 40 percent
|
“Substantially” means 40% --- strict quantification avoids vagueness
| 654 | 68 | 334 | 103 | 8 | 50 | 0.07767 | 0.485437 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,403 |
n241 I am assuming here that "foreseeable" means "probable," as in "more probable than not." This appears to be a safe assumption given the proliferance of cases granting immunity to officials who offend the Constitution. If this definition is correct, deterrence only works and liability should only attach if one's conduct, viewed ex ante, is more likely illegal than legal: the risk of illegality must be more than fifty percent. In other words, one cannot face deterrence, and liability will not attach, if the risk of illegality is less than fifty percent. (When viewed in this fashion, one might perceive a risk of illegality but still not be deterrable because the risk is not substantial, i.e., not greater than fifty percent.). Lawful conduct, of course, need not be probably lawful. That is what risk is about. Situations might arise where the objective risk is that conduct is unlawful, but ex post it is lawful. Lest judicial reasoning be completely askew, a fairly strong correlation exists, however, between action that is ex ante probably lawful and that which is lawful ex post in the courts. If this is not true, then courts are reaching objectively improbable conclusions, and the whole idea of reliance is illusory.
|
Brown 94 (Mark R., Professor of Law – Stetson University College of Law, “The Demise of Constitutional Prospectivity: New Life for Owen?”, Iowa Law Review, January, 79 Iowa L. Rev. 273, Lexis)
|
. (When viewed in this fashion, one might perceive a risk is not substantial, i.e., not greater than fifty percent.).
|
Less than 50% is insubstantial
| 1,234 | 30 | 117 | 204 | 5 | 20 | 0.02451 | 0.098039 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,404 |
N.H. 1949. -The word "substantially" as used in provision of Unemployment Compensation Act that experience rating of an employer may transferred to' an employing unit which acquires the organization, -trade, or business, or "substantially" all of the assets thereof, is 'an elastic term which does not include a definite, fixed amount of percentage, and the transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation. R.L c. 218, § 6, subd. F, as added by Laws 1945, c. 138, § 16.-Auclair Transp. v. Riley, 69 A.2d 861, 96 N.H. l.-Tax347.1.
|
Words & Phrases 5 (40B, p. 329)
|
The word "substantially" is 'an elastic term which does not include a definite, fixed amount of percentage, and the transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation.
|
“Substantially” means at least 90%
| 585 | 34 | 220 | 101 | 5 | 40 | 0.049505 | 0.39604 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,405 |
The word “substantially” is a relative term and should be interpreted in accordance with the context of claim in which it is used. Moss v. Patterson Ballagh Corp. D.C.Cal., 80 P.Supp. C10, 637.
|
Words and Phrases 64 (Vol. 40, p. 816)
|
The word “substantially” is a relative term and should be interpreted in accordance with the context of claim in which it is used
|
“Substantially” is a relative term --- context key
| 193 | 50 | 129 | 33 | 8 | 23 | 0.242424 | 0.69697 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,406 |
Cal. 1956. “Substantial” is a relative term, its measure to be gauged by all the circumstances surrounding the matter in reference to which the expression has been used
|
Words and Phrases 2 (Volume 40A, p. 464)
|
Substantial” is a relative term, its measure to be gauged by all the circumstances surrounding the matter in reference to which the expression has been used
|
"Substantially" must be gauged in context
| 168 | 41 | 156 | 28 | 6 | 26 | 0.214286 | 0.928571 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,407 |
The word “substantial” is susceptible to different meanings according to the circumstances, and is variously defined as actual, essential, material, fundamental, although no rule of thumb can be laid down fixing its exact meaning
|
Words and Phrases 2 (Volume 40A, p. 483)
|
substantial” is susceptible to different meanings according to the circumstances, and is variously defined no rule of thumb can be laid down fixing its exact meaning
|
Context is key --- "substantially" has no exact meaning
| 229 | 55 | 165 | 34 | 9 | 26 | 0.264706 | 0.764706 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,408 |
Might price reductions of less than twenty percent qualify as substantial? In some markets they should, and it would be reasonable to decide substantiality on a case-by-case basis. One advantage of a bright-line rule is that it would let incumbents know where they stand. Monopolies that price only slightly above their average cost would be insulated from the entry of higher-cost entrants if they could credibly convey a willingness to price below the entrants' cost after entry, as illustrated in Part III. However, these monopolies do consumers little harm and may enhance market efficiency.
|
Edlin 2 (Aaron, Professor of Economics and Law – University of California Berkeley School of Law, January, 111 Yale L.J. 941)
|
Might price reductions of less than twenty percent qualify as substantial? In some markets they should, and it would be reasonable to decide substantiality on a case-by-case basis
|
"Substantially" should be defined on a case-by-case basis
| 595 | 57 | 179 | 94 | 8 | 28 | 0.085106 | 0.297872 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,409 |
D.S.C. 1966. The word “substantial” within Civil Rights Act providing that a place is a public accommodation if a “substantial” portion of food which is served has moved in commerce must be construed in light of its usual and customary meaning, that is, something of real worth and importance; of considerable value; valuable, something worthwhile as distinguished from something without value or merely nominal
|
Words and Phrases 2 (Volume 40A, p. 458)
|
The word “substantial” within Civil Rights Act providing that a place is a public accommodation if a “substantial” portion of food has moved in commerce must be construed in light of its usual and customary meaning, that is, something of real worth and importance; of considerable value
|
"Substantial" means of real worth or considerable value --- this is the USUAL and CUSTOMARY meaning of the term
| 411 | 111 | 286 | 64 | 19 | 47 | 0.296875 | 0.734375 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,410 |
Plaintiffs should argue that the term "substantially prevail" is not a term of art because if considered a term of art, resort to Black's 7th produces a definition of "prevail" that could be interpreted adversely to plaintiffs. 99 It is commonly accepted that words that are not legal terms of art should be accorded their ordinary, not their legal, meaning, 100 and ordinary-usage dictionaries provide FOIA fee claimants with helpful arguments. The Supreme Court has already found favorable, temporally relevant definitions of the word "substantially" in ordinary dictionaries: "Substantially" suggests "considerable" or "specified to a large degree." See Webster's Third New International Dictionary 2280 (1976) (defining "substantially" as "in a substantial manner" and "substantial" as "considerable in amount, value, or worth" and "being that specified to a large degree or in the main"); see also 17 Oxford English Dictionary 66-67 (2d ed. 1989) ("substantial": "relating to or proceeding from the essence of a thing; essential"; "of ample or considerable amount, quantity or dimensions"). 101
|
Arkush 2 (David, JD Candidate – Harvard University, “Preserving "Catalyst" Attorneys' Fees Under the Freedom of Information Act in the Wake of Buckhannon Board and Care Home v. West Virginia Department of Health and Human Resources”, Harvard Civil Rights-Civil Liberties Law Review, Winter,
37 Harv. C.R.-C.L. L. Rev. 131)
|
words that are not legal terms of art should be accorded their ordinary, not their legal, meaning The Supreme Court has already found favorable definitions of the word "substantially" in ordinary dictionaries: "Substantially" suggests "considerable" or specified to a large degree
|
“Substantial” means considerable or to a large degree --- this common meaning is preferable because the word is not a term of art
| 1,099 | 129 | 280 | 164 | 23 | 41 | 0.140244 | 0.25 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,411 |
The URAA and the SAA neither amend nor refine the language of § 1677(4)(C). In fact, they merely suggest, without disqualifying other alternatives, a “clearly higher/substantial proportion” approach. Indeed, the SAA specifically mentions that no “precise mathematical formula” or “‘benchmark’ proportion” is to be used for a dumping concentration analysis. SAA at 860 (citations omitted); see also Venez. Cement, 279 F. Supp. 2d at 1329-30. Furthermore, as the Court of International Trade noted, the SAA emphasizes that the Commission retains the discretion to determine concentration of imports on a “case-by-case basis.” SAA at 860. Finally, the definition of the word “substantial” undercuts the CFTVC’s argument. The word “substantial” generally means “considerable in amount, value or worth.” Webster’s Third New International Dictionary 2280 (1993). It does not imply a specific number or cut-off. What may be substantial in one situation may not be in another situation. The very breadth of the term “substantial” undercuts the CFTVC’s argument that Congress spoke clearly in establishing a standard for the Commission’s regional antidumping and countervailing duty analyses. It therefore supports the conclusion that the Commission is owed deference in its interpretation of “substantial proportion.” The Commission clearly embarked on its analysis having been given considerable leeway to interpret a particularly broad term.
|
Prost 4 (Judge – United States Court of Appeals for the Federal Circuit, “Committee For Fairly Traded Venezuelan Cement v. United States”, 6-18, http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/04-1016.html)
|
the definition of the word “substantial” undercuts the argument. The word “substantial” generally means “considerable in amount, It does not imply a specific number or cut-off. What may be substantial in one situation may not be in another situation.
|
Substantial means “of considerable amount” – not some contrived percentage
| 1,448 | 74 | 252 | 208 | 10 | 39 | 0.048077 | 0.1875 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,412 |
Ala. 1909. “Substantial” means “belonging to substance; actually existing; real; *** not seeming or imaginary; not elusive; real; solid; true; veritable
|
Words and Phrases 2 (Volume 40A) p. 460
|
Substantial” means “belonging to substance; actually existing; real; *** not seeming or imaginary
|
"Substantial" means actually existing, real, or belonging to substance
| 152 | 70 | 97 | 21 | 9 | 13 | 0.428571 | 0.619048 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,413 |
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 not 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, admitting, or pertaining to any others; undivided; sole; opposed to inclusive.
|
Words and Phrases 64 (40W&P 759)
|
The words substantial mean not concealed denoting that which not merely can be, but is opposed to potential, certain: absolute: real at present time
|
“Substantial” requires a certain mandate
| 627 | 40 | 148 | 91 | 5 | 24 | 0.054945 | 0.263736 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,414 |
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 not 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 admitting, or pertaining to any others; undivided; sole; opposed to inclusive.
|
Words & Phrases 64 (40 W&P 759)
|
The words substantial mean not concealed; not hidden; exposed to view; free from concealment
|
“Substantially” means not covert
| 626 | 32 | 92 | 91 | 4 | 14 | 0.043956 | 0.153846 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,415 |
First, the court said that the ordinary meaning of the word “increase” is “to make something greater,” which it believed should not “be limited to cases in which a company raises the rate that an individual has previously been charged.” 435 F.3d at 1091. Yet the definition offered by the Ninth Circuit compels the opposite conclusion. Because “increase” means “to make something greater,” there must necessarily have been an existing premium, to which Edo’s actual premium may be compared, to determine whether an “increase” occurred. Congress could have provided that “ad-verse action” in the insurance context means charging an amount greater than the optimal premium, but instead chose to define adverse action in terms of an “increase.” That def-initional choice must be respected, not ignored. See Colautti v. Franklin, 439 U.S. 379, 392-93 n.10 (1979) (“[a] defin-ition which declares what a term ‘means’ . . . excludes any meaning that is not stated”). Next, the Ninth Circuit reasoned that because the Insurance Prong includes the words “existing or applied for,” Congress intended that an “increase in any charge” for insurance must “apply to all insurance transactions – from an initial policy of insurance to a renewal of a long-held policy.” 435 F.3d at 1091. This interpretation reads the words “exist-ing or applied for” in isolation. Other types of adverse action described in the Insurance Prong apply only to situations where a consumer had an existing policy of insurance, such as a “cancellation,” “reduction,” or “change” in insurance. Each of these forms of adverse action presupposes an already-existing policy, and under usual canons of statutory construction the term “increase” also should be construed to apply to increases of an already-existing policy. See Hibbs v. Winn, 542 U.S. 88, 101 (2004) (“a phrase gathers meaning from the words around it”) (citation omitted).
|
Buckley 6 (Jeremiah, Attorney, Amicus Curiae Brief, Safeco Ins. Co. of America et al v. Charles Burr et al, http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdf)
|
Because “increase” means “to make something greater,” there must necessarily have been an existing premium to determine whether an “increase” occurred under usual canons of statutory construction the term “increase should be construed to apply to increases of an already-existing policy
|
“Increase” means to make greater and requires pre-existence
| 1,898 | 59 | 286 | 300 | 8 | 41 | 0.026667 | 0.136667 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,416 |
FCRA does not define the term "increase." The plain and ordinary meaning of the verb "to increase" is to make something greater or larger. 4 Merriam-Webster's [**22] Collegiate Dictionary 589 (10th ed. 1998). The "something" that is increased in the statute is the "charge for any insurance." The plain and common meaning of the noun "charge" is "the price demanded for something." Id. at 192. Thus, the statute plainly means an insurer takes adverse action if the insurer makes greater (i.e., larger) the price demanded for insurance.
|
Brown 3 – US Federal Judge – District Court of Oregon (Elena Mark and Paul Gustafson, Plaintiffs, v. Valley Insurance Company and Valley Property and Casualty, Defendants, 7-17, Lexis)
|
The ordinary meaning of the verb "to increase" is to make something greater
|
Plan creates new types of engagement --- voting issue:
| 535 | 54 | 75 | 87 | 9 | 13 | 0.103448 | 0.149425 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,417 |
CONCLUSION
Because the consideration of written communication is the cornerstone of the judicial process, the technique involved in that consideration has intrigued the ages. That technique, judicial interpretation, [*434] attempts a highly delicate balance. On the one hand, it acknowledges the legendary imprecision of language. On the other hand, it seeks to glean from that language the elusive signals of purpose, meaning and intent. A "science" so inexact incessantly craves a semblance of constants -- conventions assisting to impose order upon understanding.
Roman law, and subsequently the English common-law system, sought to appease this insatiable desire by offering up the canons of construction. The canons, fundamental maxims of compositional meaning, have proved both vulnerable and venerable. Their existence has provided an irresistible historic target for a labyrinth of denigrating commentary. Yet the courts, the construers themselves, have claimed the canons as their own, affording them a determinative role in judicial decisionmaking which transverses the spectrum of litigation. Accordingly, the critics are left with little choice but to concede the canons' existence and shaping influence, while pleading for caution in their invocation.
From the canonical mass, the most popular and powerful maxims of meaning are perhaps the three here selected for treatment: Noscitur a sociis, Ejusdem generis and Expressio unius est exclusio alterius. Although different, the three precepts are also similar -- they counsel an analysis of associating what is present with what is to be determined. The writer, they presume, meant something by what he expressed; that expression, or at least a portion of it, they insist, offers the best hope for resolving the ambiguity at hand. As they occasionally broaden, frequently constrict and sometimes exclude, the maxims operate to propel the interpreter toward an intent, meaning or purpose that will decide the controversy.
|
Sentell 91 (R. Perry Jr., Talmadge Professor of Law – University of Georgia and LLM – Harvard University, “The Canons of Construction in Georgia: "Anachronisms" in Action”, Georgia Law Review, Winter, 25 Ga. L. Rev. 365, Lexis)
|
judicial interpretation acknowledges the imprecision of language. On the other hand, it seeks to glean from that language the elusive signals of purpose, meaning and intent. A "science" so inexact craves constants -- conventions assisting to impose order upon understanding The canons, fundamental maxims of meaning, have proved venerable the courts have claimed canons a determinative role in decisionmaking critics are left with little choice but to concede the canons' shaping influence The writer meant something by what he expressed; that expression offers the best hope for resolving ambiguity
|
Accurate application of statutory canons is the biggest impact --- it’s the only way to determine the purpose and intent of writing
| 1,984 | 131 | 599 | 294 | 22 | 89 | 0.07483 | 0.302721 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,418 |
[**48] Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational change that "increases" emissions, it is silent on how to calculate such "increases" in emissions. 42 U.S.C. § 7411(a)(4). According to government petitioners, the lack of a statutory definition does not render the term "increases" ambiguous, but merely compels the court to give the term its "ordinary meaning." See Engine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13; Am. Fed'n of Gov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [*23] (D.C. Cir. 2000). Relying on two "real world" analogies, government petitioners contend that the ordinary meaning of "increases" requires the baseline to be calculated from a period immediately preceding the change. They maintain, for example, that in determining whether a high-pressure weather system "increases" the local temperature, the relevant baseline is the temperature immediately preceding the arrival of the weather system, not the temperature five or ten years ago. Similarly, [**49] in determining whether a new engine "increases" the value of a car, the relevant baseline is the value of the car immediately preceding the replacement of the engine, not the value of the car five or ten years ago when the engine was in perfect condition.
|
Rogers 5 (Judge – New York, et al., Petitioners v. U.S. Environmental Protection Agency, Respondent, NSR Manufacturers Roundtable, et al., Intervenors, 2005 U.S. App. LEXIS 12378, **; 60 ERC (BNA) 1791, 6/24, Lexis)
|
the ordinary meaning of "increases" requires the baseline to be calculated from a period immediately preceding the change
|
“Increase” means a net increase
| 1,411 | 31 | 121 | 219 | 5 | 18 | 0.022831 | 0.082192 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,419 |
Cal.App.2 Dist. 1991. Term “increase,” as used in statute giving the Energy Commission modification jurisdiction over any alteration, replacement, or improvement of equipment that results in “increase” of 50 megawatts or more in electric generating capacity of existing thermal power plant, refers to “net increase” in power plant’s total generating capacity; in deciding whether there has been the requisite 50-megawatt increase as a result of new units being incorporated into a plant, Energy Commission cannot ignore decreases in capacity caused by retirement or deactivation of other units at plant. West’s Ann.Cal.Pub.Res.Code § 25123.
|
Words and Phrases 8 (v. 20a, p. 264-265)
|
Term “increase refers to “net increase” in power plant’s total generating capacity Energy Commission cannot ignore decreases in capacity caused by retirement or deactivation of other units at plant
|
“Increase” means net increase
| 640 | 29 | 197 | 93 | 4 | 29 | 0.043011 | 0.311828 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,420 |
Also related to the waiver issue is appellees' defense relying on a provision of the insurance policy that suspends coverage where the risk is increased by any means within the knowledge or control of the insured. However, the term "increase" connotes change. To show change, appellees would have been required to present evidence of the condition of the building at the time the policy was issued. See 5 J. Appleman & J. Appleman, Insurance Law and Practice, § 2941 at 4-5 (1970). Because no such evidence was presented, this court cannot determine, on this record, whether the risk has, in fact, been increased. Indeed, the answer to this question may depend on Mr. Glassley's knowledge of the condition of the building at the time the policy was issued, see 17 J. Appleman & J. Appleman, Insurance Law and Practice, § 9602 at 515-16 (1981), since the fundamental issue is whether the appellees contemplated insuring the risk which incurred the loss.
|
Ripple 87 (Circuit Judge, Emmlee K. Cameron, Plaintiff-Appellant, v. Frances Slocum Bank & Trust Company, State Automobile Insurance Association, and Glassley Agency of Whitley, Indiana, Defendants-Appellees, 824 F.2d 570; 1987 U.S. App. LEXIS 9816, 9/24, lexis)
|
the term "increase" connotes change. To show change, appellees would have been required to present evidence of the condition of the building at the time the policy was issued Because no such evidence was presented, this court cannot determine whether the risk has, in fact, been increased.
|
“Increase” requires evidence of the preexisting condition to determine a net increase
| 952 | 85 | 289 | 160 | 12 | 47 | 0.075 | 0.29375 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,421 |
in·crease [ in krss ]
transitive and intransitive verb (past and past participle in·creased, present participle in·creas·ing, 3rd person present singular in·creas·es)Definition: make or become larger or greater: to become, or make something become, larger in number, quantity, or degree
noun (plural in·creas·es)
|
Encarta 6 – Encarta Online Dictionary. 2006. ("Increase" http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620741)
|
in·crease to become, or make something become, larger in number, quantity, or degree
|
“Increase” means to become larger or greater in quantity
| 315 | 56 | 85 | 43 | 9 | 13 | 0.209302 | 0.302326 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,422 |
intransitive verb1: to become progressively greater (as in size, amount, number, or intensity)2: to multiply by the production of youngtransitive verb1: to make greater : augment2obsolete : enrich
|
Webster’s 9 – Merriam Webster, 9 (Merriam Webster Online Dictionary, “Increase”, http://www.merriamwebster.com/dictionary/increase[1])
|
to become progressively greater (as in size, amount, number, or intensity augment augment enrich enrich
|
“Increase” means to make greater
| 196 | 32 | 103 | 28 | 5 | 15 | 0.178571 | 0.535714 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,423 |
In determining the plain meaning of the phrase "increases the obligor's insolvency," the Court initially notes that this phrase makes no reference whatsoever [**50] to a "reasonably equivalent value" test 26 or even to the "fair consideration" test of the Section 3 of the UFCA. 27 Instead, Article 2036 of the Civil Code merely uses the word "increases," and the absence of "reasonably equivalent value" language or "fair consideration" language rings loudly in the Court's judicial ear. Accordingly, the Court will focus on the plain meaning of the term "increases." Taking note from one of the dictionaries of choice of the United States Supreme Court, 28 the Court finds that the definition of the word "increase" in Webster's Ninth New Collegiate Dictionary reads as follows:
|
Philips 2 – UNITED STATES BANKRUPTCY JUDGE (Louis, IN RE LAWRENCE D. GOLDBERG, DEBTOR; DWAYNE M. MURRAY, TRUSTEE, PLAINTIFF VERSUS MAE M. STACY TRUST AND F. EUGENE RICHARDSON, DEFENDANTS, 5/1, lexis) (emphasis in the original)
|
the Court will focus on the plain meaning of the term "increases." Taking note from one of the dictionaries of choice of the United States Supreme Court the word "increase" reads as follows
|
“Increase” means progressive growth
| 780 | 35 | 189 | 125 | 4 | 33 | 0.032 | 0.264 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,424 |
Minn.App. 2004. A durational modification of child support is as much an “increase” as monetary modification, and the needs of subsequent children must be considered when determining the indefinite extension of the support obligation pursuant to statute providing that, when a party moves to “increase” child support, the circumstances change and the adjudicator is obligated to consder the needs of after-born children. M.S.A. § 518.551.—State ex rel. Jarvela v. Burke, 678 N.W.2d 68, review denied.—Child S 255, 350.
|
Word and Phrases 8 (Vol. 20B, p. 265)
|
A durational modification is as much an “increase” as monetary modification
|
Increasing duration is the equivalent of increasing monetary support
| 518 | 68 | 75 | 78 | 9 | 11 | 0.115385 | 0.141026 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,425 |
Wahs. 1942. The granting of compensation to any officer after he has commenced to serve the term for which he has been chosen, when no compensation was provided by law before he assumed the duties of his office, is an “increase” in salary or compensation within the constitutional provision prohibiting an increase of the compensation of a public officer during his term of office. Const. art, 2, 25; art. 11, 8. – State ex rel. Jaspers v. West 125 P.2d 694, 13 Wash.2d 514. Offic 100(1).
|
Words and Phrases 8 (Words and Phrases Permanent Edition, “Increase,” Volume 20B, p. 263-267 March 2008, Thomson West)
|
The granting of compensation to any officer when no compensation was provided by law before is an “increase” in compensation
|
“Increase” doesn’t require preexistence
| 488 | 39 | 124 | 86 | 4 | 20 | 0.046512 | 0.232558 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,426 |
Specifically, we must decide whether charging a higher price for initial insurance than the insured would otherwise have been charged because of information in a consumer credit report constitutes an "increase in any charge" within the meaning of FCRA. First, we examine the definitions of "increase" and "charge." Hartford Fire contends that, limited to their ordinary definitions, these words apply only when a consumer has previously been charged for insurance and that charge has thereafter been increased by the insurer. The phrase, "has previously been charged," as used by Hartford, refers not only to a rate that the consumer has previously paid for insurance but also to a rate that the consumer has previously been quoted, even if that rate was increased [**23] before the consumer made any payment. Reynolds disagrees, asserting that, under [*1091] the ordinary definition of the term, an increase in a charge also occurs whenever an insurer charges a higher rate than it would otherwise have charged because of any factor--such as adverse credit information, age, or driving record 8 --regardless of whether the customer was previously charged some other rate. According to Reynolds, he was charged an increased rate because of his credit rating when he was compelled to pay a rate higher than the premium rate because he failed to obtain a high insurance score. Thus, he argues, the definitions of "increase" and "charge" encompass the insurance companies' practice. Reynolds is correct.
|
Reinhardt 5 – U.S. Judge for the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Stephen, JASON RAY REYNOLDS; MATTHEW RAUSCH, Plaintiffs-Appellants, v. HARTFORD FINANCIAL SERVICES GROUP, INC.; HARTFORD FIRE INSURANCE COMPANY, Defendants-Appellees., lexis)
|
under the ordinary definition of the term, an increase in a charge also occurs whenever an insurer charges a higher rate than it would otherwise have charged because of any factor regardless of whether the customer was previously charged some other rate
|
“Increase” doesn’t require pre-existence
| 1,500 | 40 | 253 | 238 | 4 | 42 | 0.016807 | 0.176471 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,427 |
Increase: Salary change of from zero to $12,000 and $1,200 annually for mayor and councilmen respectively was an “increase” in salary and not merely the fixing of salary. King v. Herron, 243 S.E.2d36, 241 Ga. 5.
|
Words and Phrases 7 (Cumulative Supplementary Pamphlet, 2007 vol. 20a, 07, 76)
|
Salary change of from zero to $12,000 and $1,200 annually for mayor and councilmen respectively was an “increase” in salary and not merely the fixing of salary
|
One can increase from zero
| 211 | 26 | 159 | 36 | 5 | 27 | 0.138889 | 0.75 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,428 |
Definition of the word “resolve,” given by Webster is “to express an opinion or determination by resolution or vote; as ‘it was resolved by the legislature;” It is of similar force to the word “enact,” which is defined by Bouvier as meaning “to establish by law”.
|
Words and Phrases 64 (Permanent Edition)
|
Definition of the word “resolve,” is similar to the word “enact,” which is defined as meaning “to establish by law”
|
‘Resolved’ means to enact a policy by law
| 263 | 41 | 115 | 46 | 8 | 20 | 0.173913 | 0.434783 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,429 |
Resolved: 5. To express, as an opinion or determination, by resolution and vote; to declare or decide by a formal vote; -- followed by a clause; as, the house resolved (or, it was resolved by the house) that no money should be apropriated (or, to appropriate no money).
|
Webster’s 98 (Revised Unabridged, Dictionary.com)
|
To express, as an opinion or determination, by resolution and vote
|
Determination reached by voting
| 269 | 32 | 66 | 48 | 4 | 11 | 0.083333 | 0.229167 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,430 |
INTRANSITIVE VERB:1. To reach a decision or make a determination: resolve on a course of action. 2. To become separated or reduced to constituents. 3. Music To undergo resolution.
|
AHD 6 (American Heritage Dictionary, http://dictionary.reference.com/browse/resolved)
|
To reach a decision or make a determination: resolve on a course of action
|
Specific course of action
| 179 | 26 | 74 | 29 | 4 | 14 | 0.137931 | 0.482759 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,431 |
Use of a colon before a list or an explanation that is preceded by a clause that can stand by itself. Think of the colon as a gate, inviting one to go on… If the introductory phrase preceding the colon is very brief and the clause following the colon represents the real business of the sentence, begin the clause after the colon with a capital letter.
|
Webster’s 00 (Guide to Grammar and Writing, http://ccc.commnet.edu/grammar/marks/colon.htm)
|
If the introductory phrase preceding the colon is very brief the clause following the colon represents the real business of the sentence
|
Colon is meaningless --- everything after it is what’s important
| 352 | 64 | 136 | 66 | 10 | 22 | 0.151515 | 0.333333 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,432 |
4 -- used as a function word before a noun or a substantivized adjective to indicate reference to a group as a whole <the elite>
|
Webster’s 5 (Merriam Webster’s Online Dictionary, http://www.m-w.com/cgi-bin/dictionary)
|
used as a function word before a noun to indicate reference to a group as a whole
|
“The” indicates reference to a noun as a whole
| 128 | 47 | 81 | 25 | 9 | 17 | 0.36 | 0.68 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,433 |
2. indicating generic class: used to refer to a person or thing considered generically or universally
Exercise is good for the heart.
She played the violin.
The dog is a loyal pet.
|
Encarta 9 (World English Dictionary, “The”, http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861719495)
|
indicating generic class: used to refer to a thing considered generically or universally Exercise is good for the heart
|
“The” means all parts
| 180 | 21 | 119 | 32 | 4 | 19 | 0.125 | 0.59375 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,434 |
3 a—used as a function word before a singular noun to indicate that the noun is to be understood generically <the dog is a domestic animal> b—used as a function word before a singular substantivized adjective to indicate an abstract idea <an essay on the sublime>
|
Webster’s 9 (Merriam-Webster’s Online Dictionary, “The”, http://www.merriam-webster.com/dictionary/the)
|
used as a function word before a singular noun to indicate that the noun is to be understood generically <the dog is a domestic animal the
|
Means the noun must be interpreted generically
| 263 | 46 | 138 | 46 | 7 | 26 | 0.152174 | 0.565217 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,435 |
A national government that exercises some degree of control over smaller political units that have surrendered some degree of power in exchange for the right to participate in national political matters
|
Black’s Law 99 (Dictionary, Seventh Edition, p.703)
|
A national government that exercises some degree of control over smaller political units that have surrendered power in exchange for the right to participate in national political matters
|
National government, not states or localities
| 202 | 45 | 187 | 31 | 6 | 28 | 0.193548 | 0.903226 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,436 |
“[Government] In the United States, government consists of the executive, legislative, and judicial branches in addition to administrative agencies. In a broader sense, includes the federal government and all its agencies and bureaus, state and county governments, and city and township governments.”
|
Black’s Law 90 (Dictionary, p. 695)
|
In the U S government consists of the executive, legislative, and judicial branches
|
“Government” is all three branches
| 300 | 34 | 83 | 42 | 5 | 13 | 0.119048 | 0.309524 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,437 |
As regards the mandatory character of the rule, the word 'should' is not only an auxiliary verb, it is also the preterite of the verb, 'shall' and has for one of its meanings as defined in the Century Dictionary: "Obliged or compelled (to); would have (to); must; ought (to); used with an infinitive (without to) to express obligation, necessity or duty in connection with some act yet to be carried out." We think it clear that it is in that sense that the word 'should' is used in this rule, not merely advisory. When the judge in charging the jury tells them that, unless they find from all the evidence, beyond a reasonable doubt, that the defendant is guilty of the offense charged, they should acquit, the word 'should' is not used in an advisory sense but has the force or meaning of 'must', or 'ought to' and carries [***8] with it the sense of [*313] obligation and duty equivalent to compulsion. A natural sense of sympathy for a few unfortunate claimants who have been injured while doing something in direct violation of law must not be so indulged as to fritter away, or nullify, provisions which have been enacted to safeguard and protect the welfare of thousands who are engaged in the hazardous occupation of mining.
|
Foresi 32 (Remo Foresi v. Hudson Coal Co., Superior Court of Pennsylvania, 106 Pa. Super. 307; 161 A. 910; 1932 Pa. Super. LEXIS 239, 7-14, Lexis)
|
As regards the mandatory character of the rule, the word 'should' is the preterite of the verb, 'shall' and has for one of its meanings as Obliged or compelled (to); would have (to); must; ought (to); used with an infinitive to express obligation, necessity or duty in connection with some act yet to be carried out." , the word 'should' is not used in an advisory sense but has the force or meaning of 'must', or 'ought to' and carries with it the sense of obligation and duty equivalent to compulsion
|
“Should” means must – its mandatory
| 1,232 | 35 | 502 | 217 | 6 | 91 | 0.02765 | 0.419355 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,438 |
Other legislated DA earmarks in the FY2005 appropriations bill are smaller and more targeted: plant biotechnology research and development ($25 million), the American Schools and Hospitals Abroad program ($20 million), women’s leadership capacity ($15 million), the International Fertilizer Development Center ($2.3 million), and clean water treatment ($2 million). Interestingly, in the wording of the bill, Congress uses the term shall in connection with only two of these eight earmarks; the others say that USAID should make the prescribed amount available. The difference between shall and should may have legal significance—one is clearly mandatory while the other is a strong admonition—but it makes little practical difference in USAID’s need to comply with the congressional directive to the best of its ability.
|
Taylor and Howard 5 (Michael, Resources for the Future and Julie, Partnership to Cut Hunger and Poverty in Africa, “Investing in Africa's future: U.S. Agricultural development assistance for Sub-Saharan Africa”, 9-12, http://www.sarpn.org.za/documents/d0001784/5-US-agric_Sept2005_Chap2.pdf)
|
The difference between shall and should may have legal significance—one is clearly mandatory while the other is a strong admonition—but it makes little practical difference
|
Strong admonition --- not mandatory
| 821 | 35 | 172 | 120 | 5 | 25 | 0.041667 | 0.208333 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,439 |
should /ʃʊd/ Show Spelled[shood] Show IPA –auxiliary verb 1. pt. of shall. 2. (used to express condition): Were he to arrive, I should be pleased. 3. must; ought (used to indicate duty, propriety, or expediency): You should not do that. 4. would (used to make a statement less direct or blunt): I should think you would apologize. Use should in a Sentence See images of should Search should on the Web Origin: ME sholde, OE sc ( e ) olde; see shall —Can be confused: could, should, would (see usage note at this entry ). —Synonyms 3. See must1 . —Usage note Rules similar to those for choosing between shall and will have long been advanced for should and would, but again the rules have had little effect on usage. In most constructions, would is the auxiliary chosen regardless of the person of the subject: If our allies would support the move, we would abandon any claim to sovereignty. You would be surprised at the complexity of the directions. Because the main function of should in modern American English is to express duty, necessity, etc. ( You should get your flu shot before winter comes ), its use for other purposes, as to form a subjunctive, can produce ambiguity, at least initially: I should get my flu shot if I were you. Furthermore, should seems an affectation to many Americans when used in certain constructions quite common in British English: Had I been informed, I should (American would ) have called immediately. I should (American would ) really prefer a different arrangement. As with shall and will, most educated native speakers of American English do not follow the textbook rule in making a choice between should and would. See also shall. Shall –auxiliary verb, present singular 1st person shall, 2nd shall or ( Archaic ) shalt, 3rd shall, present plural shall; past singular 1st person should, 2nd should or ( Archaic ) shouldst or should·est, 3rd should, past plural should; imperative, infinitive, and participles lacking. 1. plan to, intend to, or expect to: I shall go later.
|
Dictionary.com – Copyright © 2010 – http://dictionary.reference.com/browse/should
|
should used to express condition Usage note See also shall. intend to, I shall go later.
|
Should doesn’t mean immediate
| 2,019 | 30 | 88 | 347 | 4 | 16 | 0.011527 | 0.04611 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,440 |
Usage Note: Like the rules governing the use of shall and will on which they are based, the traditional rules governing the use of should and would are largely ignored in modern American practice. Either should or would can now be used in the first person to express conditional futurity: If I had known that, I would (or somewhat more formally, should) have answered differently. But in the second and third persons only would is used: If he had known that, he would (not should) have answered differently. Would cannot always be substituted for should, however. Should is used in all three persons in a conditional clause: if I (or you or he) should decide to go. Should is also used in all three persons to express duty or obligation (the equivalent of ought to): I (or you or he) should go. On the other hand, would is used to express volition or promise: I agreed that I would do it. Either would or should is possible as an auxiliary with like, be inclined, be glad, prefer, and related verbs: I would (or should) like to call your attention to an oversight. Here would was acceptable on all levels to a large majority of the Usage Panel in an earlier survey and is more common in American usage than should. ·Should have is sometimes incorrectly written should of by writers who have mistaken the source of the spoken contraction should've. See Usage Note at if. See Usage Note at rather. See Usage Note at shall.
|
American Heritage 00
|
Usage Note: Like the rules governing the use of shall the traditional rules governing the use of should are largely ignored in modern American practice Either should or would can now be used in the first person to express conditional futurity Should is used in all three persons to express duty or obligation
|
-- Prefer our interpretation – theirs is outdated
| 1,420 | 50 | 308 | 255 | 8 | 53 | 0.031373 | 0.207843 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,441 |
More specifically, looking at the map on page 11 of the National ZIP Code Directory, e.g. at a local post office, one will see that the first digit of a ZIP Code defines an area that includes more than one State. The first sentence of the explanatory paragraph begins: "A ZIP Code is a numerical code that identifies areas within the United States and its territories for purposes of ..." [cf. 26 CFR 1.1-1(c)]. Note the singular possessive pronoun "its", not "their", therefore carrying the implication that it relates to the "United States" as a corporation domiciled in the District of Columbia (in the singular sense), not in the sense of being the 50 States of the Union (in the plural sense). The map shows all the States of the Union, but it also shows D.C., Puerto Rico and the Virgin Islands, making the explanatory statement literally correct.
|
Updegrave 91 (W.C., “Explanation of ZIP Code Address Purpose”, 8-19, http://www.supremelaw.org/ref/zipcode/updegrav.htm)
|
Note the singular possessive pronoun "its", not "their", therefore carrying the implication that it relates to the "United States" as a corporation domiciled in the District of Columbia (in the singular sense), not in the sense of being the 50 States of the Union (in the plural sense).
|
“Its” refers to the United States Federal Government and is possessive
| 853 | 70 | 286 | 148 | 11 | 48 | 0.074324 | 0.324324 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,442 |
On its face, the written instrument granting easement rights in this case is ambiguous. The same sentence which refers to the right to lay a 14 inch pipeline (singular) has a later reference to "said lines" (plural). The use of the plural "lines" makes no sense because the only previous reference has been to a "line" (singular). The writing is additionally ambiguous because other key words which are "also may change the size of its pipes" are dangling in that the possessive pronoun "its" before the word "pipes" does not have any subject preceding, to which the possessive pronoun refers. The dangling phrase is the beginning of a sentence, the first word of which does not begin with a capital letter as is customary in normal English [***10] usage. Immediately preceding the "sentence" which does not begin with a capital letter, there appears a dangling [*236] semicolon which makes no sense at the beginning of a sentence and can hardly relate to the preceding sentence which is already properly punctuated by a closing period. The above deviations from accepted grammatical usage make difficult, if not impossible, a clear understanding of the words used or the intention of the parties. This is particularly true concerning the meaning of a disputed phrase in the instrument which states that the grantee is to pay damages from ". . . the relaying, maintaining and operating said pipeline. . . ." The instrument is ambiguous as to what the words ". . . relaying . . . said pipeline . . ." were intended to mean.
|
Manderino 73 (Justice – Supreme Court of Pennsylvania, “Sigal, Appellant, v. Manufacturers Light and Heat Co”., No. 26, Jan. T., 1972, Supreme Court of Pennsylvania, 450 Pa. 228; 299 A.2d 646; 1973 Pa. LEXIS 600; 44 Oil & Gas Rep. 214, Lexis)
|
The writing is ambiguous because the possessive pronoun "its" does not have any subject preceding, to which the possessive pronoun refers The above deviations from accepted grammatical usage make difficult, if not impossible, a clear understanding of the words used or the intention of the parties
|
Grammatically, this refers solely to U.S. investment
| 1,525 | 52 | 297 | 261 | 7 | 46 | 0.02682 | 0.176245 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,443 |
OR To suggest that only one possibility can be realized, excluding one or the other: "You can study hard for this exam or you can fail." To suggest the inclusive combination of alternatives: "We can broil chicken on the grill tonight, or we can just eat leftovers. To suggest a refinement of the first clause: "Smith College is the premier all-women's college in the country, or so it seems to most Smith College alumnae." To suggest a restatement or "correction" of the first part of the sentence: "There are no rattlesnakes in this canyon, or so our guide tells us." To suggest a negative condition: "The New Hampshire state motto is the rather grim "Live free or die." To suggest a negative alternative without the use of an imperative (see use of and above): "They must approve his political style or they wouldn't keep electing him mayor."
|
Quirk 93 (Randolph, Professor of Linguistics – University of Durham, and Sidney Greenbaum, “A University Grammar of English”, http://grammar.ccc.commnet.edu/grammar/conjunctions.htm)
|
OR To suggest that only one possibility can be realized, excluding one or the other
|
Exclusive evidence – ‘or’ means only one
| 844 | 40 | 83 | 147 | 7 | 15 | 0.047619 | 0.102041 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,444 |
Ct.Cl. 1878. The word “or” in a contract will not be construed to mean “and,” where it connects propositions reasonably in the alternative. Thus, the word in a contract which binds the contractor to supply so many pounds, more or less, as may be required for the wants of certain government stations between a certain time, cannot be construed to mean “and,” and does not entitle the constractor to furnish all the oats which may be needed at the station.—Merriam v. U.S., 14 Ct.Cl. 289, affirmed 2 S.Ct. 536, 107 U.S. 437, 17 Otto 437, 27 L.Ed. 531.
|
Words and Phrases 7 (3A W&P, p. 167)
|
The word “or” will not be construed to mean “and,” Thus, the word binds the contractor to supply pounds, more or less cannot be construed to mean “and,” and does not entitle the constractor to furnish all
|
“Or” does not mean and
| 550 | 22 | 204 | 98 | 5 | 37 | 0.05102 | 0.377551 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,445 |
Second, it is not possible to interpret even a single word, much less an entire text, without knowing the purpose of the statute. 123 To take Hart's "no vehicle in the park" example, if local patriots were to wheel a truck used in World War II on a pedestal, would this qualify as a core case? This example illustrates that meaning of language in a statute cannot be divorced from an inquiry into the purpose that a rule serves. When courts are offered competing interpretations, they must choose the one that is most sensible in connection with its legislative purpose, 124 and makes the statute "a coherent [and] workable whole." 125 Moreover, the purpose of a statute is not static, but through interpretation, courts engage in a process of redefining and clarifying the ends themselves. 126 As Fuller puts it, courts must "be sufficiently capable of putting [themselves] in the position of those who drafted the rule to know what they thought 'ought to be.' It is in the light of this 'ought' that [they] must decide what the rule 'is.'" 127
|
Hutchison 8 (Cameron, Assistant Professor of Law – University of Alberta, “Which Kraft of Statutory Interpretation”, Alberta Law Review, November, 46 Alberta L. Rev. 1, Lexis)
|
it is not possible to interpret even a single word, much less an entire text, without knowing the purpose of the statute To take Hart's "no vehicle in the park" example, if local patriots were to wheel a truck used in World War II on a pedestal, would this qualify meaning of language in a statute cannot be divorced from an inquiry into the purpose that a rule serves When courts are offered competing interpretations, they must choose the one that is most sensible in connection with its legislative purpose
|
Framer’s intent is the basis of predictability --- without it, it’s impossible to interpret the topic
| 1,045 | 101 | 509 | 182 | 16 | 90 | 0.087912 | 0.494505 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,446 |
Consequently, the fact that the statute does not expressly enumerate a particular item implies that the item "falls outside of the definition." Highway & City Freight Drivers, 576 F.2d at 1289; see County of Amherst Bd. of Supervisors v. Brockman, 224 Va. 391, 397, 297 S.E.2d 805, 808 (1992) (holding that the courts "may not add to a statute language" that the legislature intended not be included therein). Because the word "include" is susceptible to more than one meaning and because it is not immediately clear from the word's context which meaning is meant to apply in Code 19.2-295.1, we conclude that the statute's provision that "[p]rior convictions shall include convictions . . . under the laws of any state, the District of Columbia, the United States or its territories" is ambiguous. See Brown v. Lukhard, 229 Va. 316, 321, 330 S.E.2d 84, 87 (1985) (noting that words are ambiguous if they admit to "being understood in more than one way" or lack "clearness and definiteness"). See generally Liverpool v. Baltimore Diamond Exch., Inc., 799 A.2d 1264, 1274 (Md. Ct. Spec. App. 2002) (recognizing that "the term 'includes,' by itself, is not free from ambiguity" because it "has various shades of meaning," ranging from enlargement and expansion to limitation and restriction); Frame v. Nehls, 550 N.W.2d 739, 742 (Mich. 1996) ("When used in the text of a statute, the word 'includes' can be used as a term of enlargement or of limitation, and the word in and of itself is not determinative of how it is intended to be used."). "Therefore, we are called upon to construe this statutory language in a manner that will ascertain and give effect to the General Assembly's intent." Herndon v. St. Mary's Hosp., Inc., 266 Va. 472, 475, 587 S.E.2d 567, 569 (2003). In seeking to resolve the ambiguity in the statutory language and discern the legislature's intent, we apply established principles of statutory interpretation. See Va. Dep't of Labor & Industry v. Westmoreland Coal Co., 233 Va. 97, 101-02, 353 S.E.2d 758, 762 (1987). Consistent with such principles, we interpret the statute so as "to promote the end for which it was enacted, if such an interpretation can reasonably be made from the language used." Mayhew v. Commonwealth, 20 Va. App. 484, 489, 458 S.E.2d 305, 307 (1995). Thus, the "statute must be construed with reference to its subject matter, the object sought to be attained, and the legislative purpose in enacting it; the provisions should receive a construction that will render it harmonious with that purpose rather than one which will defeat it." Esteban v. Commonwealth, 266 Va. 605, 609, 587 S.E.2d 523, 526 (2003). Furthermore, although "[i]t is a cardinal principle of law that penal statutes are to be construed strictly against the [Commonwealth]" and "cannot be extended by implication, or be made to include cases which are not within the letter and spirit of the statute," Wade v. Commonwealth, 202 Va. 117, 122, 116 S.E.2d 99, 103 (1960), "we will not apply 'an unreasonably restrictive interpretation of the statute' that would subvert the legislative intent expressed therein," Armstrong v. Commonwealth, 263 Va. 573, 581, 562 S.E.2d 139, 144 (2002) (quoting Ansell v. Commonwealth, 219 Va. 759, 761, 250 S.E.2d 760, 761 (1979)).
|
Clements 5 – Judge Jean Harrison Clements, Court of Appeals of Virginia, October 25, 2005, Bryan David Auer v. Commonwealth of Virginia – Court of Appeals of Virginia, http://www.courts.state.va.us/opinions/opncavtx/0851041.txt
|
the courts "may not add to a statute language" that the legislature intended not be included Because the word "include" is susceptible to more than one meaning we conclude that the statute's provision is ambiguous. "the term 'includes,' "has various shades of meaning," ranging from enlargement to limitation the word in and of itself is not determinative of how it is intended to be used."). "Therefore, we are called upon to construe this statutory language in a manner that will ascertain and give effect to the General Assembly's intent." In seeking to resolve the ambiguity we interpret the statute "to promote the end for which it was enacted, if such an interpretation can reasonably be made from the language used." Thus, the "statute must be construed with reference to its subject matter and the legislative purpose in enacting it "we will not apply 'an unreasonably restrictive interpretation of the statute' that would subvert the legislative intent expressed therein,"
|
Legislative intent of the resolution outweighs limits
| 3,279 | 53 | 981 | 542 | 7 | 158 | 0.012915 | 0.291513 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,447 |
Discovering the “original intent” behind the religion clauses of the First Amendment is much more difficult than Edwin Meese, Antonin Scalia or any other 21 Ibid, originalist wants to admit. Contrary to the revisionist history being pushed by originalists who desire extensive government accommodation of religion, the founders did not always agree with one another. We simply can not determine with sufficient accuracy the collective intent of the Founding Fathers and the Framers of the Free Exercise Clause and the Establishment Clause of the First Amendment. Those scholars in search of “original intent” have returned with strikingly inconsistent accounts of original intent. Thus, the originalism of Scalia, Meese, and Rehnquist is ambiguous at best and downright dishonest at worst. We do not know nor can we be expected to accurately determine the intent or understanding of what the First Amendment meant to each person who cast their vote. After all, delegates to the Constitutional Convention were voting on the text of the First Amendment, not Madison’s writings or the private correspondence of the Framers. The text of the First Amendment reigns supreme. Authorial intent must take a backseat to the actual text. Justices should examine the text first and scour it for as much meaning as it will generate before turning to extrinsic evidence of intent. However, original intent is hardly irrelevant but simply subordinate to the text. Extrinsic evidence does not control the text. The text controls the text.
|
Weaver 7 (Aaron, Ph.D. Candidate in Politics and Society – Baylor University, “An Introduction to Original Intent”, Fall, http://www.thebigdaddyweave.com/BDWFiles/originalism.pdf)
|
Discovering “original intent” is much more difficult than originalist wants to admit the founders did not always agree with one another. We simply can not determine with sufficient accuracy the collective intent The text reigns supreme intent must take a backseat to the actual text. Justices should examine the text first and scour it for as much meaning as it will generate before turning to extrinsic evidence of intent Extrinsic evidence does not control the text. The text controls the text
|
Framer’s intent is arbitrary and should be considered secondary to the best interpretation
| 1,522 | 90 | 495 | 240 | 13 | 81 | 0.054167 | 0.3375 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,448 |
My conclusion is that the text has a better claim to being called the "choice of the legislature" than do any legislative materials. The political ideals of democracy and of institutional competence are thus better served by a court working from the text alone and not from some "second text" unofficially adopted by some supposed, silent consensus of legislators. That being so, and liberty and fairness also being better served by looking to the other ingredients in the theory of interpretation, I conclude that legislative intent has no role to play in interpretation. This conclusion has been defended solely by using the rule of law virtues as our normative guidelines. This conclusion is supported by the other set of considerations relevant here, namely, the kinds of effects an intent-oriented theory of interpretation produces. Such a theory produces worse effects than its competitors because it imposes old ideals upon us. In constitutional law this consideration is so compelling that it swamps all the others in importance. Better that we fill out the grand clauses of the Constitution by our notions of meaning (evolving, as we have seen, in light of our developing theories about the world), by our notions of morals, and by two hundred years of precedent. What the founders intended by their language should be of relevance to us only as a heuristic device to enable us to think more clearly about our own ideals. The dead hand of the past ought not to govern, for example, our treatment of the liberty of free speech, and any theory of interpretation that demands that it does is a bad theory. This argument applies to statutory interpretation as well, although with somewhat diminished force. For guiding one's statutory interpretations by legislative materials will be to judge by ideals as old as those [*358] materials. In the Keeler case, for example, a 1970 decision was predicated on an 1850 statute, recodified in 1872. Using nineteenth-century ideas of personhood to decide whether a fetus is a person is not a good idea in the twentieth century. We have thought more about the problem, and we know more factually and morally than those who drafted the commission report concluding that fetuses were not human beings. And even if we do not know more than they, we are as entitled to live under our ideals of personhood as we are to live under our ideals of free speech. For old statutes, thus, the consequentialist arguments against looking to framers' intent are as strong as they are for the Constitution. The meanings of words, the direction of precedent, and the nature of goodness are all items about which we can have developing theories. Our admittedly imperfect knowledge of each of these things can get better. A theory of interpretation built out of these materials thus can accommodate change and development in our law by court interpretation. A theory emphasizing the enacting body's intention, on the other hand, is glued to the past. Change can only come by constitutional or legislative amendment. Even apart from the rule of law virtues, an intentionalist theory should be disfavored on this ground alone.
|
Moore 85 (Michael, Professor of Law – University of Southern California Law Center, “Interpretation Symposium: Philosophy of Language and Legal Interpretation: Article: A Natural Law Theory of Interpretation”, University of Southern California, 58 S. Cal. L. Rev. 279, January, Lexis)
|
the text has a better claim to being called the "choice of the legislature" than do any legislative materials ideals are better served by working from the text alone and not from some "second text" unofficially adopted by some supposed, silent consensus of legislators legislative intent has no role to play in interpretation interpretation produces worse effects than its competitors because it imposes old ideals upon us this consideration is so compelling that it swamps all the others in importance The dead hand of the past ought not to govern, for example, our treatment of the liberty of free speech, and any theory of interpretation that demands that it does is a bad theory. For guiding one's statutory interpretations by legislative materials will be to judge by ideals as old as those materials. In the Keeler case, for example, a 1970 decision was predicated on an 1850 statute Using nineteenth-century ideas of personhood to decide whether a fetus is a person is not a good idea in the twentieth century. We have thought more about the problem, and we know more factually and morally than those who drafted the commission report The meanings of words, the direction of precedent, and the nature of goodness are all items about which we can have developing theories. Our admittedly imperfect knowledge of each of these things can get better. A theory of interpretation built out of these materials thus can accommodate change and development in our law by court interpretation. A theory emphasizing the enacting body's intention, on the other hand, is glued to the past
|
No impact to “intent”. The framer’s knowledge was far more limited than the community’s after months of research. Their standard is outdated and prevents informed and progressive understanding.
| 3,149 | 193 | 1,581 | 523 | 28 | 263 | 0.053537 | 0.502868 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,449 |
Grammar matters, then, because it is the accepted way of using language, whatever one’s exact interpretation of the term. Incorrect grammar hampers communication, which is the whole purpose of language. The grammar of standard English matters because it is a codification of the way using English that most people will find acceptable.
|
Allen 93 (Robert, Editor and Director – The Chambers Dictionary, Does Grammar Matter?)
|
Grammar matters because it is the accepted way of using language Incorrect grammar hampers communication, which is the whole purpose of language grammar is a codification of the way using English that most people find acceptable
|
Grammar outweighs --- it determines meaning, making it a pre-requisite to predictable ground and limits – and, without it, debate is impossible
| 335 | 143 | 228 | 52 | 22 | 36 | 0.423077 | 0.692308 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,450 |
The first major problem identified by the work group as relating to topic selection is the decline in participation in the National Debate Tournament (NDT) policy debate. As Boman notes: There is a growing dissatisfaction with academic debate that utilizes a policy proposition. Programs which are oriented toward debating the national policy debate proposition, so-called “NDT” programs, are diminishing in scope and size.4 This decline in policy debate is tied, many in the work group believe, to excessively broad topics. The most obvious characteristic of some recent policy debate topics is extreme breath. A resolution calling for regulation of land use literally and figuratively covers a lot of ground. Naitonal debate topics have not always been so broad. Before the late 1960s the topic often specified a particular policy change.5 The move from narrow to broad topics has had, according to some, the effect of limiting the number of students who participate in policy debate. First, the breadth of the topics has all but destroyed novice debate. Paul Gaske argues that because the stock issues of policy debate are clearly defined, it is superior to value debate as a means of introducing students to the debate process.6 Despite this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for teaching beginners. The problem is that broad policy topics terrify novice debaters, especially those who lack high school debate experience. They are unable to cope with the breadth of the topic and experience “negophobia,”7 the fear of debating negative. As a consequence, the educational advantages associated with teaching novices through policy debate are lost: “Yet all of these benefits fly out the window as rookies in their formative stage quickly experience humiliation at being caugh without evidence or substantive awareness of the issues that confront them at a tournament.”8 The ultimate result is that fewer novices participate in NDT, thus lessening the educational value of the activity and limiting the number of debaters or eventually participate in more advanced divisions of policy debate. In addition to noting the effect on novices, participants argued that broad topics also discourage experienced debaters from continued participation in policy debate. Here, the claim is that it takes so much times and effort to be competitive on a broad topic that students who are concerned with doing more than just debate are forced out of the activity.9 Gaske notes, that “broad topics discourage participation because of insufficient time to do requisite research.”10 The final effect may be that entire programs either cease functioning or shift to value debate as a way to avoid unreasonable research burdens. Boman supports this point: “It is this expanding necessity of evidence, and thereby research, which has created a competitive imbalance between institutions that participate in academic debate.”11 In this view, it is the competitive imbalance resulting from the use of broad topics that has led some small schools to cancel their programs.
|
Rowland 84 (Robert C., Debate Coach – Baylor University, “Topic Selection in Debate”, American Forensics in Perspective, Ed. Parson, p. 53-54)
|
decline in debate is tied to excessively broad topics The move from narrow to broad topics has had the effect of limiting the number who participate in debate. First, the breadth of the topics has all but destroyed novice debate broad topics terrify novice debaters They are unable to cope with the breadth and experience the fear of debating negative broad topics discourage experienced debaters from continued participation it takes so much times and effort to be competitive on a broad topic that students are forced out of the activity The final effect may be that entire programs cease functioning expanding research has created a competitive imbalance
|
Limits outweigh – they’re the vital access point for any theory impact --- it’s key to fairness --- huge research burdens mean we can’t prepare to compete – and its key to education --- big topics cause hyper-generics, lack of clash, and shallow debate --- and it destroys participation
| 3,099 | 286 | 657 | 487 | 49 | 107 | 0.100616 | 0.219713 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,451 |
The first answer to this question is, why should we not care? If proper terminology (of whatever type) is readily available and comprehendible, why should one not want to use it? Does one really need a reason for not misusing any word, technical or otherwise? In other words, though many misuses of Rules terminology might not seem to cause serious problems, surely that is not an argument in favor of a disregard of proper Rules terminology, particularly where the cost of using proper terminology is negligible. 79
|
Shannon 2 – Bradley Shannon, law at University of Idaho, January 2002 (Washington Law Review, 77 Wash. L. Rev. 65, Lexis
|
though misuses of terminology might not cause serious problems that is not an argument in favor of disregard
|
Legal precisions outweighs limits and ground --- it’s a prerequisite to effective policy education
| 516 | 98 | 108 | 87 | 14 | 18 | 0.16092 | 0.206897 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,452 |
It seems that we can accomplish anything if we're brave enough to step out of that bad, bad box, and thinking "creatively" has come to be synonymous with ignoring rules and constraints or pretending they just don't exist. Nonsense. Real creativity is put to the test within the box. In fact, that's where it really shines. It might surprise you, but it's actually easier to think outside the box than within its confines. How can that be? It's simple. When you're working outside the box, you don't face rules, or boundaries, or assumptions. You create your own as you go along. If you want to throw convention aside, you can do it. If you want to throw proven practices out the window, have at it. You have the freedom to create your own world. Now, I'm not saying there's anything wrong with thinking outside the box. At times, it's absolutely essential - such as when you're facing the biggest oil spill in history in an environment in which all the known approaches are failing. But most of us don't have the luxury of being able to operate outside the box. We've been shoved into reality, facing a variety of limitations, from budgets, to supervisors' opinions and prejudices, to the nature of the marketplace. Even though the box may have been given a bad name, it's where most of us have to spend our time. And no matter how much we may fret about those limits, inside that box is where we need to prove ourselves. If you'll pardon the inevitable sports analogy, consider a baseball player who belts ball after ball over 450 feet. Unfortunately, he has a wee problem: he can't place those hits between the foul lines, so they're harmful strikes instead of game-winning home runs. To the out-of-the-box advocates, he's a mighty slugger who deserves admiration, but to his teammates and the fans, he's a loser who just can't get on base. He may not like the fact that he has to limit his hits to between the foul poles, but that's one of the realities of the game he chose to play. The same is true of ideas and approaches. The most dazzling and impressive tactic is essentially useless if it doesn't offer a practical, realistic way to address the need or application. Like the baseball player, we may not like the realities, but we have to operate within their limits. Often, I've seen people blame the box for their inability or unwillingness to create something workable. For example, back in my ad agency days, I remember fellow writers and designers complaining about the limitations of projects. If it was a half-page ad, they didn't feel they could truly be creative unless the space was expanded to a full page. If they were given a full page, they demanded a spread. Handed a spread, they'd fret because it wasn't a TV commercial. If the project became a TV commercial with a $25,000 budget, they'd grouse about not having a $50,000 budget. Yet the greatest artists of all time didn't complain about what they didn't have; they worked their magic using what they did. Monet captured the grace and beauty of France astonishingly well within the bounds of a canvas. Donatello exposed the breathtaking emotion that lurked within ordinary chunks of marble. And I doubt that Beethoven ever whined because there were only 88 keys on the piano. Similarly, I've watched the best of my peers do amazing things in less-than-favorable circumstances. There were brilliant commercials developed with minimal budgets and hand-held cameras. Black-and-white ads that outperformed their colorful competitors. Simple postcards that grabbed the attention of (and business from) jaded consumers. You see, real creativity isn't hampered or blocked by limits. It actually flowers in response to challenges. Even though it may be forced to remain inside the box, it leverages everything it can find in that box and makes the most of every bit of it. Real creativity is driven by a need to create. When Monet approached a blank canvas, it's safe to say that he didn't agonize over its size. He wanted to capture something he'd seen and share how it looked through his eyes. The size of the canvas was incidental to his talent and desire. Think about the Apollo 13 mission. NASA didn't have the luxury of flying supplies or extra tools to the crew. They couldn't rewrite the laws of physics. Plus, they faced a rapidly shrinking timeline, so their box kept getting smaller and less forgiving. And yet they arrived upon a solution that was creative; more important, that was successful. The next time someone tells you that the real solution involves stepping outside the box, challenge him or her to think and work harder. After all, the best solution may very well be lurking in a corner of that familiar box.
|
Flood 10 (Scott, BS in Communication and Theatre Arts – St. Joseph’s College, School Board Member – Plainfield Community School Corporation, and Advertising Agent, “Business Innovation – Real Creativity Happens Inside the Box”, http://ezinearticles.com/?Business-Innovation---Real-Creativity-Happens-Inside-the-Box&id=4793692)
|
thinking "creatively" has come to be synonymous with ignoring rules Nonsense. it's easier to think outside the box than within its confines outside the box, you don't face rules consider a baseball player who belts ball after ball Unfortunately he can't place those between the foul lines to his fans, he's a loser to limit his hits between the foul poles The most impressive tactic is essentially useless Like the baseball player, we have to operate within limits the greatest artists didn't complain about what they didn't have; they worked their magic using what they did. Monet captured beauty within the bounds of a canvas. Donatello exposed emotion within ordinary chunks of marble I doubt Beethoven whined because there were only 88 keys on the piano Real creativity is driven by a need to create. When Monet approached a canvas, he didn't agonize over its size Think about Apollo 13 NASA couldn't rewrite physics yet they arrived upon a solution that was creative The next time someone tells you the solution involves stepping outside the box, challenge him or her to think and work harder the best solution may be lurking in a corner of that familiar box
|
Strict limits enable creativity. Beauty emerges from identifying constraints and working within them.
| 4,700 | 102 | 1,163 | 813 | 13 | 198 | 0.01599 | 0.243542 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,453 |
The truth, of course, is that students need both. Teachers try to mix the two in ways that make sense to them and their students. But a surprising study — certain to be a hot topic in teacher lounges and education schools — is providing new data that suggest educators should spend much more time on a few issues and let some topics slide. Based on a sample of 8,310 undergraduates, the national study says that students who spend at least a month on just one topic in a high school science course get better grades in a freshman college course in that subject than students whose high school courses were more balanced. The study, appearing in the July issue of the journal Science Education, is “Depth Versus Breadth: How Content Coverage in High School Science Courses Relates to Later Success in College Science Coursework.” The authors are Marc S. Schwartz of the University of Texas at Arlington, Philip M. Sadler and Gerhard Sonnert of the Harvard-Smithsonian Center for Astrophysics and Robert H. Tai of the University of Virginia. This is more rich ore from a goldmine of a survey Sadler and Tai helped organize called “Factors Influencing College Science Success.” It involved 18,000 undergraduates, plus their professors, in 67 colleges in 31 states. The study weighs in on one side of a contentious issue that will be getting national attention this September when the College Board’s Advanced Placement program unveils its major overhaul of its college-level science exams for high school students. AP is following a direction taken by its smaller counterpart, the International Baccalaureate program. IB teachers already are allowed to focus on topics of their choice. Their students can deal with just a few topics on exams, because they have a wide choice of questions. AP’s exact approach is not clear yet, but College Board officials said they too will embrace depth. They have been getting much praise for this from the National Science Foundation, which funded the new study. Sadler and Tai have previously hinted at where this was going. In 2001 they reported that students who did not use a textbook in high school physics—an indication that their teachers disdained hitting every topic — achieved higher college grades than those who used a textbook. Some educators, pundits, parents and students will object, I suspect, to sidelining their favorite subjects and spending more time on what they consider trivial or dangerous topics. Some will fret over the possibility that teachers might abandon breadth altogether and wallow in their specialties. Even non-science courses could be affected. Imagine a U.S. history course that is nothing but lives of generals, or a required English course that assigns only Jane Austen. “Depth Versus Breadth” analyzes undergraduate answers to detailed questions about their high school study of physics, chemistry and biology, and the grades they received in freshman college science courses. The college grades of students who had studied at least one topic for at least a month in a high school science course were compared to those of students who did not experience such depth. The study acknowledges that the pro-breadth forces have been in retreat. Several national commissions have called for more depth in science teaching and other subjects. A 2005 study of 46 countries found that those whose schools had the best science test scores covered far fewer topics than U.S. schools.
|
WP 9 (Washington Post, “Will Depth Replace Breadth in Schools?” http://voices.washingtonpost.com/class-struggle/2009/02/will_depth_replace_breadth_in.html)
|
a surprising study is providing new data that suggest educators should spend much more time on a few issues and let some topics slide The grades of students who had studied one topic were compared to students who did not experience depth pro-breadth forces have been in retreat. Several national commissions have called for more depth in teaching A study of 46 countries found that those whose schools had the best science test scores covered far fewer topics than U.S. schools
|
Depth is more educational than breadth --- studies prove
| 3,446 | 56 | 477 | 564 | 9 | 81 | 0.015957 | 0.143617 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,454 |
A recent study reports that high school students who study fewer science topics, but study them in greater depth, have an advantage in college science classes over their peers who study more topics and spend less time on each. Robert Tai, associate professor at the University of Virginia's Curry School of Education, worked with Marc S. Schwartz of the University of Texas at Arlington and Philip M. Sadler and Gerhard Sonnert of the Harvard-Smithsonian Center for Astrophysics to conduct the study and produce the report. The study relates the amount of content covered on a particular topic in high school classes with students' performance in college-level science classes. "As a former high school teacher, I always worried about whether it was better to teach less in greater depth or more with no real depth. This study offers evidence that teaching fewer topics in greater depth is a better way to prepare students for success in college science," Tai said. "These results are based on the performance of thousands of college science students from across the United States." The 8,310 students in the study were enrolled in introductory biology, chemistry or physics in randomly selected four-year colleges and universities. Those who spent one month or more studying one major topic in-depth in high school earned higher grades in college science than their peers who studied more topics in the same period of time. The study revealed that students in courses that focused on mastering a particular topic were impacted twice as much as those in courses that touched on every major topic. The study explored differences between science disciplines, teacher decisions about classroom activities, and out-of-class projects and homework. The researchers carefully controlled for differences in student backgrounds. The study also points out that standardized testing, which seeks to measure overall knowledge in an entire discipline, may not capture a student's high level of mastery in a few key science topics. Teachers who "teach to the test" may not be optimizing their students' chance of success in college science courses, Tai noted. "President Obama has challenged the nation to become the most educated in the world by having the largest proportion of college graduates among its citizens in the coming decade," Tai said. "To meet this challenge, it is imperative that we use the research to inform our educational practice." The study was part of the Factors Influencing College Science Success study, funded by the National Science Foundation.
|
SD 9 (Science Daily, “Students Benefit From Depth, Rather Than Breadth, In High School Science Courses”, http://www.sciencedaily.com/releases/2009/03/090305131814.htm)
|
A study reports high school students who study fewer topics, but study them in depth, have an advantage in college Tai, associate professor teaching fewer topics in greater depth is a better way to prepare students for success Obama has challenged the nation to become the most educated To meet this challenge, it is imperative that we use the research to inform our educational practice."
|
Especially for high school students
| 2,559 | 35 | 389 | 407 | 5 | 65 | 0.012285 | 0.159705 |
Topicality - HSS 2013.html5
|
Hoya-Spartan Scholars
|
Topicality
|
2013
|
3,455 |
A group of Republican donors and fundraisers have sent a letter to GOP lawmakers in the House urging them to “fix our broken immigration system.”¶ Among those who signed the letter are top GOP strategist Karl Rove and former Vice President Dan Quayle.¶ Anchor Carol Hills spoke with Lynn Tramonte, with the Washington-based immigrant advocacy group America’s Voice about the new letter and the push by some conservatives to pass immigration reform.¶ Seventy-five percent of Latinos voted for President Obama, according to polls from America’s Voice. But Tramonte said their polls also show that Latino voters “are willing to give Republicans a second look once they stop using the immigration issue in a negative way and show leadership about getting it resolved.”
|
Jason Margolis is a Boston-based reporter who regularly files stories throughout the U.S. and abroad about politics, 7/31/13, PRI’s The World, GOP Donors Urge House to Pass Immigration Reform, http://www.theworld.org/2013/07/gop-donors-immigration-reform/, KRM
|
Republican donors and fundraisers have sent a letter to GOP urging them to “fix our broken immigration system.” GOP strategist Karl Rove and Dan Quayle Seventy-five percent of Latinos voted for Obama Latino voters “are willing to give Republicans a second look once they stop using the immigration issue in a negative way and show leadership about getting it resolved.”
|
Bill will pass- GoP supporting the bill
| 764 | 39 | 369 | 122 | 7 | 60 | 0.057377 | 0.491803 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,456 |
Immigrants have been a critical part of the American economy since the founding of our nation, but they are even more important today as we look to the future of our economic recovery and our economy. While Congress debates the economic strategy to restore our nation’s fiscal health, an opportunity is on the horizon that would maximize the human capital and talent of the nearly 40 million immigrants who call America home.¶ In order to reap the rewards of this talented and diverse labor pool, we must develop a legislative solution to fix our nation’s broken immigration system. Immigration reform that creates a pathway to earned legal status—and eventually to citizenship—for the undocumented immigrants living in our country while at the same time updating our legal immigration system will unleash the potential of immigrant workers and students to work, innovate, and add hundreds of billions of dollars to the U.S. economy.¶ Let’s review how progressive immigration policies can help make this happen.¶ Legalizing our nation’s undocumented immigrants¶ Legalizing the 11 million undocumented immigrants in the United States would add a cumulative $1.5 trillion to the U.S. gross domestic product—the largest measure of economic growth—over 10 years. That’s because immigration reform that puts all workers on a level playing field would create a virtuous cycle in which legal status and labor rights exert upward pressure on the wages of both American and immigrant workers. Higher wages and even better jobs would translate into increased consumer purchasing power, which would benefit the U.S. economy as a whole.¶ The federal government would accrue $4.5 billion to $5.4 billion in additional net tax revenue over just three years if the 11 million undocumented immigrants were legalized.¶ The national advantage of legalizing the undocumented immigrants is obvious in the previous figures, but gains are also evident at the state level. The state of Texas, for example, would see a $4.1 billion gain in tax revenue and the creation of 193,000 new jobs if its approximately 1.6 million undocumented immigrants were legalized.¶ States that have passed stringent immigration measures in an effort to curb the number of undocumented immigrants living in the state have hurt some of their key industries, which are held back due to inadequate access to qualified workers. A farmer in Alabama, where the state legislature passed the anti-immigration law H.B. 56 in 2011, for example, estimated that he lost up to $300,000 in produce in 2011 because the undocumented farmworkers who had skillfully picked tomatoes from his vines in years prior had been forced to flee the state.¶ With nearly half of agricultural workers, 17 percent of construction workers, and 12 percent of food preparation workers nationwide lacking legal immigration status, it isn’t hard to see why a legalization program would benefit a wide range of industries. Business owners—from farmers to hotel chain owners—benefit from reliable and skilled laborers. A legalization program would ensure that they have them.¶ Passing the DREAM Act¶ Passing the DREAM Act—legislation that proposes to create a roadmap to citizenship for immigrants who came to the United States as children—would put 2.1 million young people on a pathway to legal status, adding $329 billion to the American economy over the next two decades.¶ Legal status and the pursuit of higher education would create an aggregate 19 percent increase in earnings for DREAMers—young people who would benefit from passage of the DREAM Act—by 2030. The ripple effects of these increased wages would create $181 billion in induced economic impact, 1.4 million new jobs, and $10 billion in increased federal revenue.¶ Reforming the high-skilled immigration system¶ Creating a 21st century high-skilled immigration system—a system that accepts highly qualified immigrant workers when there is a demand that cannot be filled by American workers—would stimulate innovation, enhance competitiveness, and help cultivate a flexible, highly skilled U.S. workforce, while protecting American workers from globalization’s destabilizing effects.¶ The United States has always been and continues to be the nation where creative and talented individuals from around the world can come to realize their dreams, and our economy has significantly benefited from their innovation. In 2011 immigrant entrepreneurs were responsible for more than one in four new U.S. businesses, and immigrant businesses employ 1 in every 10 people working for private companies. Immigrants and their children founded forty percent of Fortune 500 companies. These Fortune 500 companies collectively generated $4.2 trillion in revenue in 2010—more than the GDP of every country in the world except the United States, China, and Japan. Reforms that enhance legal immigration channels for high-skilled immigrants and entrepreneurs while protecting American workers and placing all high-skilled workers on a level playing field will promote economic growth, innovation, and workforce stability in the United States.¶ Our economy has benefited enormously from the talented immigrants who come here to study. Upon graduation, however, immigrant students face the tough choice between returning home and finding an employer to sponsor their entry into a visa lottery that may allow them to stay and work. Reforming the high-skilled immigration system would allow us to reap the benefits of having subsidized the education and training of these future job creators as immigrant students graduate and go on to work at our nation’s companies, contributing directly and immediately to our nation’s competitiveness in the global market.¶ Significant reform of the high-skilled immigration system would benefit certain industries that require high-skilled workers, such as the high-tech manufacturing and information technology industries. Immigrants make up 23 percent of the labor force in both of these industries and are more highly educated, on average, than the native-born Americans working in these industries. Still, immigrants working in science, technology, engineering, and math fields in the United States complement, rather than compete with, American workers. For every immigrant who earns an advanced degree in one of these fields at a U.S. university, 2.62 American jobs are created. By focusing on drawing human capital to our country and retaining it, Congress can help ensure that key sectors of our economy have an adequate labor pool to draw from and can boost our collective economic potential.¶ Our economy has much to gain from reforming our broken immigration system. But the biggest rewards will only be realized if Congress approaches immigration reform as an economic opportunity to be seized rather than an enforcement problem to be solved. Legislation that deals comprehensively with the issue by putting the nation’s undocumented immigrants, including DREAMers, on a path to citizenship while also reforming the high-skilled immigration system will strengthen the nation’s economy while increasing prosperity for all Americans. ¶
|
Garcia and Fitz 12/10 (Ann Garcia is a Research and Policy Associate for the Center for American Progress. Marshall Fitz is the Director of Immigration Policy at the Center, “Progressive Immigration Policies Will Strengthen the American Economy”, 2012, http://www.americanprogress.org/issues/immigration/news/2012/12/10/47406/progressive-immigration-policies-will-strengthen-the-american-economy/, ¶
|
Immigrants have been a critical part of the American economy since the founding of our nation, but they are even more important today as we look to the future of our economic recovery and our economy. we must develop a legislative solution to fix our nation’s broken immigration system. Immigration reform will add hundreds of billions of dollars to the U.S. economy the biggest rewards will only be realized if Congress approaches immigration reform as an economic opportunity Legislation that deals comprehensively with the issue will strengthen the nation’s economy
|
Comprehensive reform key to US economic recovery ¶
| 7,148 | 51 | 570 | 1,090 | 8 | 90 | 0.007339 | 0.082569 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,457 |
Misconceptions About Biological Weapons¶ There are many misconceptions involving biological weapons. The three most common are that they are easy to obtain, that they are easy to deploy effectively, and that, when used, they always cause massive casualties.¶ While it is certainly true that there are many different types of actors who can easily gain access to rudimentary biological agents, there are far fewer actors who can actually isolate virulent strains of the agents, weaponize them and then effectively employ these agents in a manner that will realistically pose a significant threat of causing mass casualties. While organisms such as anthrax are present in the environment and are not difficult to obtain, more highly virulent strains of these tend to be far more difficult to locate, isolate and replicate. Such efforts require highly skilled individuals and sophisticated laboratory equipment.¶ Even incredibly deadly biological substances such as ricin and botulinum toxin are difficult to use in mass attacks. This difficulty arises when one attempts to take a rudimentary biological substance and then convert it into a weaponized form -- a form that is potent enough to be deadly and yet readily dispersed. Even if this weaponization hurdle can be overcome, once developed, the weaponized agent must then be integrated with a weapons system that can effectively take large quantities of the agent and evenly distribute it in lethal doses to the intended targets.¶ During the past several decades in the era of modern terrorism, biological weapons have been used very infrequently and with very little success. This fact alone serves to highlight the gap between the biological warfare misconceptions and reality. Militant groups desperately want to kill people and are constantly seeking new innovations that will allow them to kill larger numbers of people. Certainly if biological weapons were as easily obtained, as easily weaponized and as effective at producing mass casualties as commonly portrayed, militant groups would have used them far more frequently than they have.
|
Burton and Scott 8 (Fred Burton, Stewart Scott, “Busting the Anthrax Myth”, 7/30/08, AD: 07/29/13, http://www.stratfor.com/weekly/busting_anthrax_myth | Kushal)
|
There are many misconceptions involving biological weapons there are far fewer actors who can actually isolate virulent strains of the agents, weaponize them and then effectively employ these agents in a manner that will realistically pose a significant threat of causing mass casualties. highly virulent strains tend to be far more difficult to locate, isolate and replicate. Such efforts require highly skilled individuals and sophisticated laboratory equipment.¶ Even incredibly deadly biological substances are difficult to use in mass attacks. This difficulty arises when one attempts to take a rudimentary biological substance and then convert it into a weaponized form Certainly if biological weapons were as easily obtained, as easily weaponized and as effective at producing mass casualties as commonly portrayed, militant groups would have used them far more frequently than they have.
|
Bioweapons won’t be developed
| 2,097 | 30 | 895 | 326 | 4 | 132 | 0.01227 | 0.404908 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,458 |
To be sure, there is still far more that separates the long-time antagonists than unites them. The State Department has kept Cuba on a list of state sponsors of terrorism and another that calls into question Havana's commitment to fighting human trafficking. The Obama administration continues to demand democratic change on an island ruled for more than a half century by Castro and his brother Fidel. For its part, Cuba continues to denounce Washington's 51-year-old economic embargo. And then there is Gross, the 64-year-old Maryland native who was arrested in 2009 and is serving a 15-year jail sentence for bringing communications equipment to the island illegally. His case has scuttled efforts at engagement in the past, and could do so again, U.S. officials say privately. Cuba has indicated it wants to trade Gross for four Cuban agents serving long jail terms in the United States, something Washington has said it won't consider. Ted Henken, a professor of Latin American studies at Baruch College in New York who helped organize a recent U.S. tour by Cuban dissident blogger Yoani Sanchez, said the Obama administration is too concerned with upsetting Cuban-American politicians and has missed opportunities to engage with Cuba at a crucial time in its history. "I think that a lot more would have to happen for this to amount to momentum leading to any kind of major diplomatic breakthrough," he said. "Obama should be bolder and more audacious."
|
Associated Press, 6/21/2013 (Cuba, US Try Talking, But Face Many Obstacles, p. http://www.npr.org/templates/story/story.php?storyId=194107378)
|
there is still far more that separates the long-time antagonists than unites them. The State Department has kept Cuba on a list of state sponsors of terrorism and calls into question Havana's commitment to fighting human trafficking. The Obama administration continues to demand democratic change Henken, a professor of Latin American studies at Baruch College said the Obama administration is too concerned with upsetting Cuban-American politicians and has missed opportunities to engage with Cuba at a crucial time in its history. "I think that a lot more would have to happen for this to amount to momentum leading to any kind of major diplomatic breakthrough," he said. "Obama should be bolder and more audacious
|
Violation— Lifting Cuban embargos does not mandate economic engagement with Cuba
| 1,459 | 80 | 716 | 238 | 11 | 114 | 0.046218 | 0.478992 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,459 |
The administration’s conduct is all the more galling given the behavior of the Castro regime. Our willingness to relax sanctions was not greeted with goodwill gestures, let alone systemic reforms. To the contrary, this was the setting for Gross’s imprisonment. So naturally the administration orders up more of the same. Throughout his tenure, President Obama has failed to comprehend the cost-benefit analysis that despotic regimes undertake. He has offered armfuls of goodies and promised quietude on human rights; the despots’ behavior has worsened. There is simply no downside for rogue regimes to take their shots at the United States. Whether it is Cuba or Iran, the administration reverts to “engagement” mode when its engagement efforts are met with aggression and/or domestic oppression. Try to murder a diplomat on U.S. soil? We’ll sit down and chat. Grab an American contractor and try him in a kangaroo court? We’ll trade prisoners and talk about relaxing more sanctions. Invade Georgia, imprison political opponents and interfere with attempts to restart the peace process? We’ll put the screws on our democratic ally to get you into World Trade Organization. The response of these thuggish regimes is entirely predictable and, from their perspective, completely logical. What is inexplicable is the Obama administration’s willingness to throw gifts to tyrants in the expectation they will reciprocate in kind.
|
Rubin, 10/18/2011 (Jennifer, Obama’s Cuba appeasement, Washington Post, p. http://www.washingtonpost.com/blogs/right-turn/post/obamas-cuba-appeasement/2011/03/29/gIQAjuL2tL_blog.html)
|
The administration’s conduct is all the more galling given the behavior of the Castro regime. Our willingness to relax sanctions was not greeted with goodwill gestures, let alone systemic reforms the administration orders up more of the same Obama has failed to comprehend the cost-benefit analysis that despotic regimes undertake There is simply no downside for rogue regimes to take their shots at the U S Whether it is Cuba e administration reverts to “engagement” mode when its engagement efforts are met with aggression and/or domestic oppression The response of these thuggish regimes is entirely predictable and completely logical. What is inexplicable is the Obama administration’s willingness to throw gifts to tyrants in the expectation they will reciprocate in kind
|
Engagement with Cuba sends a signal of appeasement.
| 1,423 | 51 | 776 | 220 | 8 | 120 | 0.036364 | 0.545455 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,460 |
BC: Are we currently sending a message of weakness to our foes and allies? Can anything good result from President Obama’s marked submissiveness before the world? Dr. Hanson: Obama is one bow and one apology away from a circus. The world can understand a kowtow gaffe to some Saudi royals, but not as part of a deliberate pattern. Ditto the mea culpas. Much of diplomacy rests on public perceptions, however trivial. We are now in a great waiting game, as regional hegemons, wishing to redraw the existing landscape — whether China, Venezuela, Iran, North Korea, Pakistan, Syria, etc. — are just waiting to see who’s going to be the first to try Obama — and whether Obama really will be as tenuous as they expect. If he slips once, it will be 1979 redux, when we saw the rise of radical Islam, the Iranian hostage mess, the communist inroads in Central America, the Soviet invasion of Afghanistan, etc. BC: With what country then — Venezuela, Russia, Iran, etc. — do you believe his global repositioning will cause the most damage? Dr. Hanson: I think all three. I would expect, in the next three years, Iran to get the bomb and begin to threaten ever so insidiously its Gulf neighborhood; Venezuela will probably cook up some scheme to do a punitive border raid into Colombia to apprise South America that U.S. friendship and values are liabilities; and Russia will continue its energy bullying of Eastern Europe, while insidiously pressuring autonomous former republics to get back in line with some sort of new Russian autocratic commonwealth. There’s an outside shot that North Korea might do something really stupid near the 38th parallel and China will ratchet up the pressure on Taiwan. India’s borders with both Pakistan and China will heat up. I think we got off the back of the tiger and now no one quite knows whom it will bite or when.
|
Chapin and Hanson, 12/7/2009 (Bernard - interviewer and Victor Davis - Martin and Illie Anderson senior fellow at the Hoover Institution, Change, weakness, disaster, p. http://pajamasmedia.com/blog/change-weakness-disaster-obama-answers-from-victor-davis-hanson/)
|
Can anything good result from President Obama’s marked submissiveness before the world? diplomacy rests on public perceptions We are now in a great waiting game, as regional hegemons, wishing to redraw the existing landscape — whether China, Venezuela, Iran, North Korea, Pakistan, Syria, etc. — are just waiting to see Obama If he slips once, it will be 1979 redux I would expect, in the next three years, Iran to get the bomb and begin to threaten ever so insidiously its Gulf neighborhood Russia will continue its energy bullying of Eastern Europe North Korea might do something really stupid and China will ratchet up the pressure on Taiwan. India’s borders with both Pakistan and China will heat up
|
Appeasement causes global aggression and multiple scenarios for conflict.
| 1,847 | 73 | 703 | 321 | 9 | 118 | 0.028037 | 0.367601 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,461 |
When we discuss smart sanctions, the first question is: “What is our goal?” What are we trying to achieve? Sanctions are generally invoked for one of three purposes: 1) to change a government’s or private actor’s unacceptable behavior; 2) to constrain such behavior going forward; and/or 3) to expose behavior through censure. The goal is to raise the economic cost of unacceptable behavior and denying the resources that make it possible. Given these goals, what are our available tools? Well, as we ratchet up pressure, sanctions increase and change. At the most basic level, we withhold U.S. government cooperation, such as by prohibiting development assistance. But, this only gets us so far, because most of the bad actors in this world don’t get a lot of assistance. As we move to a higher level, we look to freeze the assets of individuals and governments and restrict their access to the U.S. market or prevent them from receiving visas. Finally, we might also ban exports or imports from countries for certain activities, as in the case of Iran for refusing to address the international community’s concerns about its nuclear program. An even more aggressive approach involves the use of “secondary sanctions.” These measures act against companies in third countries who do business with a U.S.-sanctioned target, thereby indirectly supporting the behavior of the bad actor. Ultimately, making that institution choose between doing business with a rogue country or operating in the United States. But at the same time that we consider the optimum sanctions for a given objective, an important element for consideration is how to ensure that sanctions are structured to achieve the desired outcome, while minimizing collateral damage to U.S. and other interests. This unwanted collateral damage includes investments, economic and trade relations that we want to maintain, and protecting innocent citizens in the targeted country. For example, in Iran, the door is still open for the sale of agriculture products and medicine. Approval was given for NGOs working to empower Iranian women, support heart surgery for children, for consultants on a telecom fiber optic ring, for a lawyer’s association providing legal training, and for a media company that filmed an Iranian election. So our smart sanctions are targeted. Effective diplomatic leadership is also crucial to effective sanctions. Sanctions are more likely to have an impact when many countries participate. The more global leaders are on board in imposing sanctions, the more powerful the message that certain behavior is unacceptable in today’s world.
|
Jose W. Fernandez, Assistant Secretary, Bureau of Economic and Business Affairs, July 25, 2012, http://www.state.gov/e/eb/rls/rm/2012/196875.htm // RF
|
Sanctions are generally invoked for one of three purposes: 1) to change a government’s or private actor’s unacceptable behavior; 2) to constrain such behavior going forward; and/or 3) to expose behavior through censure. The goal is to raise the economic cost of unacceptable behavior and denying the resources that make it possible. At the most basic level, we withhold U.S. government cooperation, such as by prohibiting development assistance. But, this only gets us so far, because most of the bad actors in this world don’t get a lot of assistance. As we move to a higher level, we look to freeze the assets of individuals and governments and restrict their access to the U.S. market or prevent them from receiving visas. Finally, we might also ban exports or imports from countries for certain activities, as in the case of Iran for refusing to address the international community’s concerns about its nuclear program. An even more aggressive approach involves the use of “secondary sanctions.” These measures act against companies in third countries who do business with a U.S.-sanctioned target, thereby indirectly supporting the behavior of the bad actor. Ultimately, making that institution choose between doing business with a rogue country or operating in the United States. But at the same time that we consider the optimum sanctions for a given objective, an important element for consideration is how to ensure that sanctions are structured to achieve the desired outcome, while minimizing collateral damage to U.S. and other interests. This unwanted collateral damage includes investments, economic and trade relations that we want to maintain, and protecting innocent citizens in the targeted country. in Iran, the door is still open for the sale of agriculture products and medicine. Approval was given for NGOs working to empower Iranian women, support heart surgery for children, for consultants on a telecom fiber optic ring, for a lawyer’s association providing legal training, and for a media company that filmed an Iranian election. So our smart sanctions are targeted.
|
Counterplan: The United States Federal Government should retain the embargo only with smart sanctions on travel restrictions.
| 2,620 | 126 | 2,092 | 414 | 17 | 331 | 0.041063 | 0.799517 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,462 |
Research emanating from wildly disparate theoretical and methodological perspectives came to the same conclusion about the effect of comprehensive sanctions: they disproportionately hurt politically weak groups and benefited target regime sympathizers. Kaempfer and Lowenberg (1988), Kaempfer and Lowenberg (1992) and Kaempfer, Lowenberg, and Mertens (2004) used a public choice framework to explain how sanctions had distributional effects on interest groups within the target country. If the sanctions enriched—or could be manipulated to enrich—key supporters of the target regime, then the aggregate cost of the sanctions would have minimal impact on the target government. Kirshner (1997) proposed a microfoundations approach, emphasizing how disparate groups within the target state are affected by different types of sanctions. He concluded that financial sanctions—aid cutoffs, asset freezes, and monetary pressures—were more likely to pressure key supporters of the target regime than broad-based trade sanctions. Buck, Gallant, and Nossal (1998) used a feminist approach to argue that the costs of trade sanctions are disproportionately imposed on women, who are often the most powerless political actors in the target country. In the last decade, the emphasis of sanctions research has focused primarily on the political economy of authoritarian countries. As Allen (2008a:269) observes, more than 78% of sanctions in the past three decades were imposed on nondemocratic target states. Wintrobe (1990) and Bueno de Mesquita, Morrow, Siverson, and Smith (1999, 2003) developed rigorous political economy models that could explain the incentives for nondemocratic leaders when sanctions are imposed. In authoritarian regimes, leaders had an incentive to create private and excludable goods for supporters, as opposed to public goods for the mass citizenry. Comprehensive sanctions created the opportunity for target governments to allocate rent-seeking opportunities to those supporters. This policy response, would, if anything, increase an authoritarian regime’s grip on power. Relying on this theoretical framework, a number of sanctions scholars argued that broad-based economic sanctions would have minimal effect on authoritarian targets (Brooks 2002; Allen 2005, 2008a,b; Lektzian and Souva 2007). Smart sanctions that hurt key elites, on the other hand, would have a better chance of success without hurting the target country’s mass public.
|
Daniel W. Drezner, 2011, [Professor of international politics at The Fletcher School, Tufts University] [International Studies Review, “Sanctions Sometimes Smart: Targeted Sanctions in Theory and Practice”, http://fletcher.tufts.edu/~/media/Fletcher/News%20Images/Drezner_Sanctions.pdf] [MN]
|
Research emanating from theoretical and methodological perspectives came to the same conclusion about the effect of comprehensive sanctions: they disproportionately hurt politically weak groups and benefited target regime sympathizers If the sanctions enriched—or could be manipulated to enrich—key supporters of the target regime, then the aggregate cost of the sanctions would have minimal impact on the target government financial sanctions—aid cutoffs, asset freezes, and monetary pressures—were more likely to pressure key supporters of the target regime than broad-based trade sanctions the costs of trade sanctions are disproportionately imposed on women, who are often the most powerless political actors in the target country. Comprehensive sanctions created the opportunity for target governments to allocate rent-seeking opportunities to those supporters. This would increase an authoritarian regime’s grip on power broad-based economic sanctions would have minimal effect on authoritarian targets Smart sanctions that hurt key elites, on the other hand, would have a better chance of success without hurting the target country’s mass public.
|
Smart sanctions avoid harming the mass public
| 2,455 | 45 | 1,151 | 348 | 7 | 160 | 0.020115 | 0.45977 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,463 |
As was previously mentioned, the rights approach overcomes the defects inherent in any utilitarian approach. One must merely ask the question: Are anyone's rights violated? If the answer is yes, then the sanction cannot be morally justified. If this rule were applied, it is likely that all sanctions would fail to pass the moral test. Sanctions necessarily involve coercion and the violation of someone's right to contract, property or association, not to mention life and the pursuit of happiness. It could be argued that this difficulty could be overcome if only the "guilty" parties could be targeted. That is the very idea behind the concept of "smart" sanctions.195 Only the guilty parties are targeted, the parties whose behavior needs to be changed (in the opinion of the politicians in the sanctioning country).
|
Robert W McGee, 2004, Associate Professor Fayetteville State University School of Business and Economics [Commentaries on Law & Public Policy Volume 2, “TRADE SANCTIONS AS A TOOL OF INTERNATIONAL RELATIONS”, pp. 107] [MN]
|
One must merely ask the question: Are anyone's rights violated If the answer is yes, then the sanction cannot be morally justified. is likely that all sanctions would fail to pass the moral test. Sanctions necessarily involve coercion and the violation of someone's right to contract, property or association, not to mention life and the pursuit of happiness. this difficulty could be overcome if only the "guilty" parties could be targeted That is the very idea behind the concept of "smart" sanctions the guilty parties are targeted, the parties whose behavior needs to be changed
|
Comprehensive sanctions aren’t morally justifiable
| 820 | 50 | 582 | 132 | 5 | 95 | 0.037879 | 0.719697 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,464 |
One possible option is a policy of “smart sanctions.” Smart sanctions or “targeted” sanctions, are limited coercive measures intended to focus pressure or leverage on decision making elites and other culpable parties for unacceptable behavior. Differing in significant ways from comprehensive sanctions, a smart sanctions approach is meant to limit the impact of a sanctions regime to specific individuals or entities, while minimizing the impact or negative fallout on third parties. Smart or targeted sanctions may include such devices as: targeted financial sanctions, arms embargoes, travel bans, commodity embargos, and diplomatic restrictions. Applied effectively, a multilateral smart sanctions can focus attention on unacceptable actions of targeted individuals and entities, pressure such individuals or entities to modify their behavior, and serve as a valuable component of a broader strategy at promoting political or economic reform in a target country. Smart sanctions, while not a panacea, can serve a strategy of bringing about reform. Notably, unlike comprehensive sanctions, a multilateral smart sanctions policy is less likely to exclude other policy tools, including expanding limited engagement. For example, smart sanctions would not necessarily be mutually exclusive to lifting the U.S. travel ban, or broadening U.S. commercial engagement with the island. Proposals to expand U.S. exports to Cuba, floated among Washington policy circles during the months prior to the crackdown, could still proceed under a targeted sanctions program and immediate, limited economic gains potential of Cuba could be achieved in the short-term, coinciding with a multilateral targeted sanctions program. Since the latter part of the 1990s, smart sanctions have become an increasingly used tool in international affairs, but to date this approach has not been given serious consideration regarding the case of Cuba. To the author’s knowledge, no literature exists on the topic of applying smart sanctions toward Cuba, and this report is the first attempt at spelling out such an approach. [1] A smart sanctions policy toward Cuba would not be a perfect solution. As the discussion in the next section will illustrate, the verdict is still out on how best to apply smart sanctions. However, smart sanctions offer the promise and opportunity for a strong, effective multilateral policy approach toward Cuba, for no fewer than the following reasons: The international climate is more favorable toward a multilateral approach than at other times in recent memory. Smart sanctions offer a viable “third way,” toward Cuba that bridges the gap between the constructive engagement of America’s allies and the comprehensive sanctions of the United States. Unilateral U.S. comprehensive sanctions have not been successful in achieving goals of political and economic reform in Cuba. Meanwhile, America’s comprehensive sanctions are internationally disdained and viewed as ineffective. Comprehensive sanctions have caused unintended consequences that unnecessarily harm third parties and, according to some, they have provided Castro justification for Cuba’s shortcomings. Moreover, neither is constructive engagement viewed, in itself, as a perfect solution or panacea for promoting political and economic reforms. Smart sanctions, because they are targeted would also minimize unintended or unnecessary harm to the political and economic interests of international allies. A multilateral smart sanctions policy would minimize unnecessary hardship to potential allies on the island who oppose the unacceptable behavior of the Castro government while sending a symbolic support to their cause. Smart sanctions would direct attention of the Cuba debate to the Castro government, its human rights abuses, and its failure to adopt or adhere to meaningful political and economic reforms, and its responsibility for Cuba’s faltering economy. Targeted sanctions would help direct pressure on the Castro government to respond to the demands behind the sanctions policy or to undertake broader reform. Smart sanctions do not preclude some forms of economic, political and cultural engagement that international actors may find favorable, and they do not necessarily exclude application of other approaches for addressing Cuba.
|
Brian Alexander, 8/2003former executive director of Cuba Policy Foundation who resigned in protest of Cuban human rights violations, August 2003 at the Annual Conference of The Association for the Study of the Cuban Economy, http://www.giraldilla.com/ASCE2003.htm //RF
|
One possible option is a policy of “smart sanctions.” Smart sanctions or “targeted” sanctions, are limited coercive measures intended to focus pressure or leverage on decision making elites and other culpable parties for unacceptable behavior. a smart sanctions approach is meant to limit the impact of a sanctions regime to specific individuals or entities, while minimizing the impact or negative fallout on third parties. Smart or targeted sanctions may include such devices as: targeted financial sanctions, arms embargoes, travel bans, commodity embargos, and diplomatic restrictions. , unlike comprehensive sanctions, a multilateral smart sanctions policy is less likely to exclude other policy tools, including expanding limited engagement. For example, smart sanctions would not necessarily be mutually exclusive to lifting the U.S. travel ban, or broadening U.S. commercial engagement with the island. Proposals to expand U.S. exports to Cuba, floated among Washington policy circles during the months prior to the crackdown, could still proceed under a targeted sanctions program and immediate, limited economic gains potential of Cuba could be achieved in the short-term, coinciding with a multilateral targeted sanctions program smart sanctions offer the promise and opportunity for a strong, effective multilateral policy approach toward Cuba, for no fewer than the following reasons: The international climate is more favorable toward a multilateral approach than at other times in recent memory Smart sanctions offer a viable “third way,” toward Cuba that bridges the gap between the constructive engagement of America’s allies and the comprehensive sanctions of the United States. Unilateral U.S. comprehensive sanctions have not been successful in achieving goals of political and economic reform in Cuba. Meanwhile, America’s comprehensive sanctions are internationally disdained and viewed as ineffective. Comprehensive sanctions have caused unintended consequences that unnecessarily harm third parties and, according to some, they have provided Castro justification for Cuba’s shortcomings. Smart sanctions, because they are targeted would also minimize unintended or unnecessary harm to the political and economic interests of international allies. Smart sanctions would direct attention of the Cuba debate to the Castro government, its human rights abuses, and its failure to adopt or adhere to meaningful political and economic reforms, and its responsibility for Cuba’s faltering economy. Targeted sanctions would help direct pressure on the Castro government to respond to the demands behind the sanctions policy or to undertake broader reform Smart sanctions do not preclude some forms of economic, political and cultural engagement that international actors may find favorable, and they do not necessarily exclude application of other approaches for addressing Cuba.
|
Smart sanctions are key to institutional reform
| 4,313 | 47 | 2,894 | 630 | 7 | 413 | 0.011111 | 0.655556 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,465 |
Although we expect that sanctions are more likely to be successful the more costly they are, this will only be the case when those costs are borne by those groups that are potential agents of change within the target state. If, on the other hand, sanctions' costs are borne by groups either unable or unwilling to change the policies pursued by the target, the coercion attempt is likely to fail-even if sanctions are costly for the target's economy in aggregate. Without a clear theory as to how sanctions affect those respon- sible for the target state's policies, seeking to determine the success of sanctions is, to borrow Galtung's (1967) term, "naive." As such, we are in need of more comprehen- sive theories of the institutions, actors, and domestic politics that give rise to those pol- icies in the first place. It is this puzzle that the "smart sanctions" literature has sought to address. Because sanctions are very difficult to make costly, and because of the evidence that they may be unlikely to succeed even when they are, theorists and policy makers have sought to make sanctions "better" by making them "smarter." Smart sanctions theory notes that economically coercive policies, although imposed from the outside in, must be allowed to work from the inside out.2 Proponents of smart sanctions argue that eco- nomic coercion has had such a poor past record of success because they have often missed the locus of the target state's offending policies: the policy elite. "Sanctions are most likely to be effective when they target the decision-makers responsible for any wrong doing and deny the assets and resources that are most valuable to these decisionmaking elites" (Cortright and Lopez 2000, 245). Smart sanctions theory thus argues that sanctions will be most successful when tar- geted against the target state's policy elite because they will reduce the resources avail- able to elite groups and thus limit their ability to obtain their preferred policies. Fur- thermore, because sanctions act as a "tax" on the benefits that the elite enjoy from a given policy, if this tax is great enough, they will be disinclined to expend as many resources pursuing it, which should also lead to a reduction of its supply (holding all other groups' political activities constant). Smart sanctions also seek to limit the collateral damage sanctions have historically done to "innocents" within the target state. For example, Robert Haass (1998, 202) writes that for sanctions that have had the unintended consequence of hurting the very opposition groups that they are supposed to help, the danger "is both moral in that the innocents are effected, as well as practical, in that sanctions that harm the population at large can bring about undesired effects that include strengthening the regime, trigger- ing large-scale emigration, and retarding the emergence of a middle class and civil society." Likewise, sanctions that diminish the resources of the opposition groups are likely to have "perverse" consequences because "an impoverished citizenry will have fewer resources with which to oppose the regime and would therefore be cheaper to police" (Kaempfer, Loweberg, and Mertens 2001, 14).
|
Solomon Major and Anthony J. McGann, June 2005 McGann: Formal Theory and Methodology, Comparative Politics and Political Philosophy at university of California Irvine, “Caught in the Crossfire: "Innocent Bystanders" as Optimal Targets of Economic Sanctions”, http://www.jstor.org/stable/pdfplus/30045118.pdf?acceptTC=true [MN]
|
If sanctions' are borne by groups unable to change the policies the coercion attempt is likely to fail- we are in need of "smart sanctions Because sanctions are very difficult to make costly, theorists and policy makers have sought to make sanctions "better" by making them "smarter." Smart sanctions notes that economically coercive policies must be allowed to work from the inside out. eco- nomic coercion has had such a poor past record of success because they have often missed the locus of the target state's offending policies: the policy elite. Sanctions are most likely to be effective when they target the decision-makers responsible for any wrong doing and deny the assets and resources that are most valuable to these decisionmaking elites" Smart sanctions theory argues that sanctions will be most successful when tar- geted against the target state's policy elite because they will reduce the resources avail- able to elite groups and thus limit their ability to obtain their preferred policies because sanctions act as a "tax" on the benefits that the elite enjoy from a given policy, if this tax is great enough, they will be disinclined to expend as many resources pursuing it, which should also lead to a reduction of its supply Smart sanctions also seek to limit the collateral damage sanctions have historically done to "innocents" within the target state. sanctions that have had the unintended consequence of hurting the very opposition groups that they are supposed to help, the danger "is both moral in that the innocents are effected, as well as practical, in that sanctions that harm the population at large can bring about undesired effects that include strengthening the regime, trigger- ing large-scale emigration, and retarding the emergence of a middle class and civil society.
|
Targeted smart sanctions effectively promote political change
| 3,206 | 61 | 1,807 | 517 | 7 | 293 | 0.01354 | 0.566731 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,466 |
Bipartisan support for targeted sanctions also emerged in the United States—particularly for financial sanctions. The Clinton administration embraced the idea as part of the Treasury Department’s initiative to combat financial abuse (Wechsler 2001). Financial countermeasures were developed to punish states and jurisdictions with lax anti-money laundering statutes. These acts of financial statecraft proved effective in forcing target countries to alter their policies (Drezner 2007:142–5). Because the United States was the epicenter of global finance, international bankers needed access to US capital markets to conduct international transactions. An advisory warning from the Treasury Department was sufficient to get foreign bankers to stop doing business with terrorist entities, for fear of losing access to American banking services. After the September 11 terrorist attacks, the Bush administration also embraced the smart sanctions (Zarate 2009). By 2010, both the United Nations and the United States had internalized the idea of targeted sanctions. The United Nations has not implemented comprehensive sanctions for the past 15 years. The sanctions reform effort had a manifest impact on the ways that the UNSC authorized economic coercion. Biersteker et al. (2005) and Foot (2007) observe that concerns about the humanitarian and human rights effects of sanctions increased the degree of due process within existing UN sanctions committees over the past decade.6 Even the 1,267 Committee, authorized to sanction individuals working with Al Qaeda, grew more sensitive to minimizing the humanitarian impact of the sanctions. Hawkins and Lloyd (2003:441) argue that ‘‘a new norm against comprehensive sanctions has become part of the shared understanding among states.’’ The bipartisan consensus within the US foreign policy community in favor of targeted sanctions has also deepened over time. Rose Gottemoeller (2007⁄2008: 109), now US Assistant Secretary of State for Verification, Compliance and Implementation, concluded in early 2008 that smart sanctions ‘‘had been honed through the ‘war on terror’, and sanctions are hitting their targets among corrupt elites more often.’’ Juan Zarate (2009:55), a deputy national security advisor in George W. Bush’s administration, argued that the tools of financial statecraft ‘‘provide the United States and its allies the best source of diplomatic leverage to affect regimes’ behavior and calculus.’’ Loeffler (2009:110) concludes, ‘‘it is hard to imagine any serious foreign policy issue down the line in which financial tools would not be or should not be considered as part of a comprehensive strategy.’’ US policy journals are replete with essays arguing in favor of financial statecraft as the best policy lever available to the United States (Bracken 2007; Liss 2007⁄08; Eckert 2008).
|
Daniel W. Drezner, 2011, [Professor of international politics at The Fletcher School, Tufts University] [International Studies Review, “Sanctions Sometimes Smart: Targeted Sanctions in Theory and Practice”, http://fletcher.tufts.edu/~/media/Fletcher/News%20Images/Drezner_Sanctions.pdf] [MN]
|
Bipartisan support for targeted sanctions emerged in the United States—particularly for financial sanctions The Clinton administration embraced the idea ). Financial countermeasures were developed to punish states and jurisdictions with lax anti-money laundering statutes. These acts of financial statecraft proved effective in forcing target countries to alter their policies international bankers needed access to US capital markets to conduct international transaction . An advisory warning was sufficient to get foreign bankers to stop doing business with terrorist entities, the U N and the United States had internalized the idea of targeted sanctions. The sanctions reform effort had a manifest impact on the ways that the UNSC authorized economic coercion. Even with Al Qaeda, grew more sensitive to minimizing the humanitarian impact of the sanctions ‘‘it is hard to imagine any serious foreign policy issue down the line in which financial tools would not be or should not be considered as part of a comprehensive strategy
|
Smart sanctions are bipartisan
| 2,839 | 30 | 1,028 | 418 | 4 | 155 | 0.009569 | 0.370813 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,467 |
Smart sanctions were an idea that created a useful focal point of agreement among key stakeholders in the international system (Garrett and Weingast 1993).5 U.N. Security Council members Russia, China, and France grew frustrated by their inability to alter the sanctions regime once the initial measures were approved. At the same time, the United States and United Kingdom wanted to keep sanctions in the
|
Daniel W. Drezner, 2011, [Professor of international politics at The Fletcher School, Tufts University] [International Studies Review, “Sanctions Sometimes Smart: Targeted Sanctions in Theory and Practice”, http://fletcher.tufts.edu/~/media/Fletcher/News%20Images/Drezner_Sanctions.pdf] [MN]
|
Smart sanctions created agreement among key stakeholders in the international system U.N Security Council members Russia, China, and France grew frustrated by their inability to alter the sanctions regime once the initial measures were approved
|
Smart sanctions are mutually beneficial
| 405 | 39 | 244 | 64 | 5 | 35 | 0.078125 | 0.546875 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,468 |
The leader of Cuba’s Ladies in White thanked Miami’s exile community on Saturday for its continued support for dissidents on the island and asked for more moral, spiritual and material help for those who seek to end the Castro regime.¶ Berta Soler also blamed the Cuban government for the lack of economic and educational opportunities for Afro-Cubans and affirmed her support for the U.S. economic embargo against the island.¶ Soler answered questions for more than half an hour during a press conference at the Institute for Cuban and Cuban-American Studies/Casa Bacardi at the University of Miami Saturday morning.¶ She said she wasn’t surprised by the first question about whether Cuban dissidents who favored an end to the embargo were actually secretly planted by the Castro government. The question was an indirect reference to the Cuban blogger Yoani Sanchez, who visited Miami earlier this month and has been criticized by some exiles for her call to end the economic blockade.¶ “I appreciate that comment, and I was waiting for it. I come from a country where there is no liberty, where you can’t speak freely as you just did,” Soler said. “Cuba isn’t in the shape it’s in because of the U.S. government; it’s the fault of the Castro government.”¶ She added: “Liberty can’t be bought or sold. Nobody sent us to do this, neither from the inside or the outside.”¶ The Ladies in White was founded by the wives, daughters and other female relatives of a group of 75 peaceful dissidents who were sentenced to long prison terms during a crackdown in 2003 known as Cuba’s Black Spring of 2003. The group’s marches after Sunday masses at a Havana church became the only public protest regularly tolerated by the communist government and are now active in virtually every major city on the island.¶ Soler, who was allowed to leave the island under a change in Cuba’s travel rules, was in Brussels earlier this week to accept the European Parliament’s Sakharov Prize for Freedom of Thought. She said she is not afraid of reprisals upon her return home.¶ “Love for my family, for life and for my country is stronger than prison bars,” she said.¶ Soler, who is black, rejected the notion that racism is not a problem on the island. She asked why white Cubans have the best jobs in government and other institutions.¶ “If you look at Cuba’s universities, whites are everywhere,” she said. “And in the jails, most of the prisoners are black because they don’t have opportunities.”¶ Asked whether the U.S. Interests Sections in Havana provides sufficient aid, Soler said she was grateful for the Internet access granted there to the Ladies in White. However, she revealed that the connection is much too slow.¶ “I said that to the State Department and the White House,” she explained. “The Internet connection is slow, and I think they need to change the server, because sometimes we have to sit there for an hour, an hour and a half, and we can’t connect.”¶ Joined by a group of Ladies in White who live in Miami, Soler started her day by dropping off flowers at the Cuban Memorial, which remains under construction at Tamiami Park. She also spoke at a luncheon sponsored by the exile group Mothers and Women Against Repression in Cuba and planned to participate in a vigil on Saturday evening in honor of the deceased Ladies in White founder Laura Pollán Toledo.¶ U.S. Rep. Ileana Ros-Lehtinen, who attended the luncheon, said that democracy will arrive in Cuba because of the work of groups like the Ladies in White.¶ “It’s so easy to speak against the Castro brothers from here,” she said. “But what makes the Ladies in White truly valiant is that they’re doing that in Cuba, despite attacks and the threat of prison sentences for them or their relatives [...]. Nobody can stop the Ladies in White.”
|
Sanchez 4/27 (Melissa Sanchez, columnist, 4/27/13, Miami Herald, “Cuba’s Ladies in White leader Berta Soler praises exile support”, http://www.miamiherald.com/2013/04/27/3368502/cubas-ladies-in-white-leader-berta.html#storylink=cpy) JA
|
The leader of Cuba’s Ladies in White thanked Miami’s exile community for its continued support for dissidents on the island Berta Soler blamed the Cuban government for the lack of economic and educational opportunities for Afro-Cubans and affirmed her support for the U.S. economic embargo against the island. “Cuba isn’t in the shape it’s in because of the U.S. government; it’s the fault of the Castro government.” Liberty can’t be bought or sold. Nobody sent us to do this, neither from the inside or the outside.” The Ladies in White was founded by the wives, daughters and other female relatives of a group o peaceful dissidents who were sentenced to long prison terms during Cuba’s Black Spring of 2003 Soler rejected the notion that racism is not a problem on the island. “If you look at Cuba’s universities, whites are everywhere,” she said. “And in the jails, most of the prisoners are black because they don’t have opportunities.”
|
The racial discrimination is not the result of the embargo—it’s a product of the regime
| 3,805 | 87 | 947 | 650 | 15 | 158 | 0.023077 | 0.243077 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,469 |
In attacking utilitarianism one is inclined to appeal to individual rights, which mere considerations of social utility cannot justify as overriding. But rights themselves need to be justified somehow, and how other than by appeal to the human interests their recognition promotes and protects? This seems to be the incontrovertible insight of the classical utilitarians. Further, unless rights are to be taken as defined by rather implausible rigid formulae, it seems that we must invoke what looks very much like the consideration of consequences in order to determine what they rule out and what they allow.
|
T.M. Scanlon, Prof. of Philosophy, Harvard, CONSEQUENTIALISM AND ITS CRITICS, ed. by Samuel Scbeffler, 1988, p. 74.
|
In attacking utilitarianism one is inclined to appeal to individual rights . But rights themselves need to be justified somehow, and how other than by appeal to the human interests their recognition promotes and protects? unless rights are to be taken as defined by rather implausible rigid formulae, it seems that we must invoke what looks very much like the consideration of consequences in order to determine what they rule out and what they allow.
|
Consequentialism captures the justifications for rights
| 610 | 55 | 451 | 96 | 6 | 75 | 0.0625 | 0.78125 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,470 |
Opponents of U.S. policy toward Cuba claim that if the embargo and ¶ the travel ban are lifted, the Cuban people would benefit economically; ¶ American companies will penetrate and influence the Cuban market; the ¶ Communist system would begin to crumble and a transition to a democratic ¶ society would be accelerated. ¶ These expectations are based on several incorrect assumptions. First, ¶ that Castro and the Cuban leadership are naïve and inexperienced and, ¶ therefore, would allow tourists and investments from the U.S. to subvert the ¶ revolution and influence internal developments in the island. Second, that ¶ Cuba would open up and allow U.S. investments in all sectors of the ¶ economy, instead of selecting which companies could trade and invest. ¶ Third, that Castro is so interested in close relations with the U.S. that he is ¶ willing to risk what has been upper-most in his mind for 40 years – total ¶ control of power and a legacy of opposition to “Yankee imperialism,” – in ¶ exchange for economic improvements for his people. During the Fifth ¶ Communist Party Congress in 1997, Castro emphasized “We will do what is ¶ necessary without renouncing our principles. We do not like capitalism and ¶ we will not abandon our Socialist system.” ¶ Castro also reiterated his long-standing anti-American posture, ¶ accusing the U.S. of waging economic war against his government and ¶ calling for “military preparedness against imperialist hostility.” A change in U.S. policy toward Cuba may have different and ¶ unintended results. The lifting of the embargo and the travel ban without ¶ meaningful changes in Cuba will: ¶ Guarantee the continuation of the current totalitarian structures. ¶ Strengthen state enterprises, since money will flow into businesses ¶ owned by the Cuban government. Most businesses are owned in ¶ Cuba by the state and, in all foreign investments, the Cuban ¶ government retains a partnership interest. ¶ Lead to greater repression and control since Castro and the ¶ leadership will fear that U.S. influence will subvert the revolution ¶ and weaken the Communist party’s hold on the Cuban people. ¶ Delay instead of accelerate a transition to democracy on the island. ¶ Allow Castro to borrow from international organizations such as ¶ the IMF, the World Bank, etc. Since Cuba owes billions of dollars ¶ to the former Soviet Union, to the Club of Paris, and to others, and ¶ has refused in the past to acknowledge or pay these debts, new ¶ loans will be wasted by Castro’s inefficient and wasteful system, ¶ and will be uncollectible. The reason Castro has been unable to pay ¶ back loans is not because of the U.S. embargo, but because his ¶ economic system stifles productivity and he continues to spend on ¶ the military, on adventures abroad, and on supporting a bankrupt ¶ welfare system on the island. Perpetuate the rather extensive control that the military holds over ¶ the economy and foster the further development of “Mafia type” ¶ groups that manage and profit from important sectors of the ¶ economy, particularly tourism, biotechnology, and agriculture. ¶ Negate the basic tenets of U.S. policy in Latin America which ¶ emphasize democracy, human rights, and market economies. ¶ Send the wrong message to the enemies of the U.S.: that a foreign ¶ leader can seize U.S. properties without compensation; allow the ¶ use of his territory for the introduction of nuclear missiles aimed at ¶ the U.S.; espouse terrorismand anti-U.S. causes throughout the ¶ world; and eventually the U.S. will “forget and forgive,” and ¶ reward him with tourism, investments, and economic aid.
|
Suchlicki 2K (Jaime Suchlicki, Emilio Bacardi Moreau Professor of History ¶ and International Studies and the Director of the Institute for Cuban ¶ and Cuban-American Studies at the University of Miami, June 2000, Institute for Cuban & Cuban-American Studies, “The U.S. Embargo of Cuba,” http://scholarlyrepository.miami.edu/cgi/viewcontent.cgi?article=1005&context=iccaspapers) JA
|
Opponents of U.S. policy toward Cuba claim that if the embargo lifted, the Cuban people would benefit economically; These expectations are based on several incorrect assumptions. First, that the Cuban leadership are naïve and inexperienced and, would allow tourists and investments from the U.S. to subvert the revolution Second, that Cuba would open up and allow U.S. investments in all sectors of the economy, instead of selecting which companies could trade and invest. Third, that Castro is so interested in close relations with the U.S. that he is willing to risk total control of power and a legacy of opposition to imperialism,” – in exchange for economic improvements for his people During the Fifth Communist Party Congress in 1997, Castro emphasized “We will do what is necessary without renouncing our principles. We do not like capitalism and we will not abandon our Socialist system.” The lifting of the embargo without meaningful changes in Cuba will: Guarantee the continuation of the current totalitarian structures. Strengthen state enterprises, since money will flow into businesses owned by the Cuban government Lead to greater repression and control since Castro and the leadership will fear that U.S. influence will subvert the revolution and weaken the Communist party’s hold on the Cuban people Delay a transition to democracy on the island. The reason Castro has been unable to pay back loans is not because of the U.S. embargo, but because his economic system stifles productivity and he continues to spend on the military, on adventures abroad, and on supporting a bankrupt welfare system on the island. Perpetuate the extensive control that the military holds over the economy and foster the further development of “Mafia type” groups that manage and profit from important sectors of the economy,
|
Lifting the embargo strengthens the regime and causes greater human rights abuses
| 3,658 | 81 | 1,870 | 606 | 12 | 290 | 0.019802 | 0.478548 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,471 |
MIAMI, Aug 19 (Reuters) - An easing of the U.S. embargo on Cuba would strengthen President Fidel Castro's government rather than help the Cuban people, and the economies of its Caribbean neighbours would also suffer, according to a study released on Wednesday.¶ ``The lifting of the embargo now will be an important psychological victory for Castro. It would be interpreted as a defeat for U.S. policy and as an enforced acceptance of the Castro regime as a permanent neighbour in the Caribbean,'' said the paper by Jaime Suchlicki, professor of international studies at the University of Miami and a long-standing critic of Castro's government.¶ It was released with Castro due to begin a visit to the Dominican Republic on Thursday, part of a diplomatic offensive on his Caribbean neighbours that has also taken the 72-year-old revolutionary to Jamaica, Barbados and Grenada.¶ The United States has maintained the embargo since 1962.¶ While support for the policy remains high in the exile stronghold of Miami, a growing number of U.S. voices ranging from business groups to a distinguished former general say it is counter-productive in trying to bring about change in Cuba.¶ But the paper said: ``Without major internal reforms in Cuba, the Castro government -- not the Cuban people -- will be the main beneficiary of the lifting of the embargo. While some prosperity may trickle down to the Cuban people, state enterprises will benefit most.''¶ The Castro government would use its newly-acquired wealth to strengthen its grip and rebuild its military apparatus, Suchlicki said.¶ Although several Caribbean leaders courted by Castro have recently called for an end to the embargo, Suchlicki warned of problems for their countries should that happen.¶ ``Lifting the embargo would create severe market distortions in the already precarious economies of the Caribbean and Central America ...the impact of tourism diversion toward Cuba would profoundly hurt (their) economies.''¶ Since the collapse of its patron the Soviet Union in 1992, Cuba has been developing its foreign tourist industry as a main source of foreign exchange.¶ Some Caribbean countries have cast a wary eye at the new competition in a business that is vital to their economies but co-operation in that field as well as wider integration has been a constant theme in Castro's recent travels.¶ Suchlicki dismissed the idea that tourism, trade and investment could help hasten the downfall of communism.¶ ``The driving force for capitalism in Russia and China is not trade, investment or tourism but a strong domestic market economy, tolerated by the government and dominated by millions of small entrepreneurs.''¶ ``The will to liberalise the economy does not exist in Cuba,'' he said.
|
McSwan 98 (Angus McSwan, Reuters, 8/19/98, “Embargo's end seen helping Castro, hurting Caribbean,” http://www2.fiu.edu/~fcf/embargosend82098.html) JA
|
An easing of the U.S. embargo on Cuba would strengthen President Fidel Castro's government rather than help the Cuban people The lifting of the embargo now will be an important psychological victory for Castro. It would be interpreted as a defeat for U.S. policy and as an enforced acceptance of the Castro regime as a permanent neighbour in the Caribbean,' The United States has maintained the embargo since 1962. ``Without major internal reforms in Cuba, the Castro government -- not the Cuban people -- will be the main beneficiary of the lifting of the embargo. The Castro government would use its newly-acquired wealth to strengthen its grip and rebuild its military apparatus ``Lifting the embargo would create severe market distortions in the already precarious economies of the Caribbean and Central America ...the impact of tourism diversion toward Cuba would profoundly hurt (their) economies.''
|
Lifting the embargo will strengthen the Castro regime
| 2,758 | 53 | 909 | 438 | 8 | 143 | 0.018265 | 0.326484 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,472 |
In fact, OFAC’s sanctions programs are not enforced as strictly as they are written. Whether due to resource constraints or policy considerations, there does appear to be an element of selectivity in the agency’s enforce- ment practices. For example, in recent hearings before the Treasury and General Government Subcommittee of the Senate Appropriations Com- mittee the Director of OFAC acknowledged that tens of thousands of Americans travel to Cuba each year without the license approval required under the Cuban sanctions. Under the Bush Administration, civil penalty actions against these violators increased by almost 250% over the last year of the Clinton Administration, to a total of 766 cases, but only seven offi- cials are available to monitor enforcement of the Cuban progranrg5 Even this modest level of enforcement prompted criticism from Senator Byron Dorgan, who noted that the defendants in these cases included Marilyn Meister, a 75-year-old retired schoolteacher who went on a Canadian sponsored bike trip, and Cevin Allen, 56, who scattered his missionary parents’ ashes at the Cuban church they helped found. Senator Dorgan quipped that these cases were a “waste of resources” unlikely to affect the object of the controls, the Castro government, and that “one would think when we’re engaged in the war on terrorism, we would be going after ter- rorists, rather than tracking down little old ladies who are taking bicycle trips to Cuba.“% When the government does go after the terrorists, how- ever, the agency’s inconsistent enforcement record also hampers the prosecution effort. Defense attorneys for John Walker Lindh, the Californian accused of fighting with the Taliban challenged two of the ten counts in the case against him on the basis that the government is engaged in a selective prosecution. They assert that Lindh is the only person ever charged with “supplying services to the Taliban” contrary to the TASR, despite publicly available reports of commercial transactions with the Taliban by at least two large U.S. based companies, and paid consultantcy services by at least two other individuals -- one of whom is on Lindh’s defense team.97
|
Peter L. Fitzgerald, summer 2002, Professor of Law, Stetson University College [New England Law Review, “Managing “Smart Sanctions” Against Terrorism Wisely”, http://www.stetson.edu/law/faculty/fitz/media/NEW_ENGLAND_LAW_REVIEW.pdf] [MN]
|
OFAC’s sanctions programs are not enforced as strictly as they are written. in recent hearings the Director of OFAC acknowledged that tens of thousands of Americans travel to Cuba each year without the license approval required under the Cuban sanctions. Even this modest level of enforcement prompted criticism defendants in these cases included 75-year-old retired schoolteacher and , who scattered his missionary parents’ ashes at the Cuban churc these cases were a “waste of resources” unlikely to affect the object of the controls, the Castro government, and that “one would think when we’re engaged in the war on terrorism, we would be going after ter- rorists, rather than tracking down little old ladies who are taking bicycle trips to Cuba When the government does go after the terrorists, how- ever, the agency’s inconsistent enforcement record also hampers the prosecution effort attorneys accused of fighting with the Taliban challenged two of the ten counts in the case against him on the basis that the government is engaged in a selective prosecution.
|
Violation— Lifting Cuban embargos does not mandate economic engagement with Cuba
| 2,177 | 80 | 1,066 | 344 | 11 | 170 | 0.031977 | 0.494186 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,473 |
Despite their continued use as a tool of foreign policy, there is little consensus as to whether sanctions can be effective in destabilizing authoritarian rulers (Van Bergeijk 1989; Haas 1997; Mueller and Mueller 1999; Nurnberger 2003). In fact, some of the most recent empirical studies on sanctions effectiveness find evidence that while sanctions may be effective against democracies; they are unlikely to succeed when imposed against authoritarian leaders (Nooruddin 2002; Marinov 2005; Lektzian and Souva 2007). Notable cases of sanctions failure include Iraq, Libya, and Cuba. This paper addresses the question of whether and how sanctions destabilize authoritarian rulers. We argue that the effect of sanctions on leadership stability is conditioned by the type of authoritarian rule in the target country. Specifically, personalist rulers are vulnerable to international sanctions because they are the most sensitive to the loss of external revenue to fund their patronage networks. Because leaders in these regimes typically have weak institutions such as the military and party system, they are the least capable of substituting cooptation or repression for patronage when sanctions decrease the resources available for political payoffs. Although personalist rulers can and do increase repression in response to sanctions, this is a risky and potentially counterproductive strategy that can further destabilize the regime.
|
Abel Escriba`-Folch and Joseph Wright, 2010, Abel is a professor of international studies at Pompeu Fabra University in Barcelona, and is with IBEI (Institut Barcelona d’Estudis Internacionals), Wright is with Pennsylvania State University [International Studies Quarterly, “Dealing with Tyranny: International Sanctions and the Survival of Authoritarian Rulers” http://onlinelibrary.wiley.com/doi/10.1111/j.1468-2478.2010.00590.x/pdf] [MN]
|
Despite their continued use as a tool of foreign policy, there is little consensus as to whether sanctions can be effective in destabilizing authoritarian rulers empirical studies on sanctions effectiveness find evidence that while sanctions may be effective against democracies; they are unlikely to succeed when imposed against authoritarian leaders Notable cases of sanctions failure include Iraq, Libya, and Cuba. the effect of sanctions on leadership stability is conditioned by the type of authoritarian rule in the target country. personalist rulers are vulnerable to international sanctions because they are the most sensitive to the loss of external revenue to fund their patronage networks. Because leaders in these regimes typically have weak institutions such as the military and party system, they are the least capable of substituting cooptation or repression for patronage when sanctions decrease the resources available for political payoffs
|
Comprehensive sanctions are only effective in coercing democracies
| 1,433 | 66 | 957 | 209 | 8 | 140 | 0.038278 | 0.669856 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,474 |
While not appearing to work, the political blame for Iraq’s humanitarian disaster was placed squarely on the United States and the United Nations. As Brzoska (2003:520) observes, ‘‘Baghdad was quite successful in blaming the UN for the humanitarian crisis in Iraq, both within the country and worldwide.’’ As the main backer of the United Nations sanctions initiative, and the country most adamant in trying to force out its leader, responsibility fell on the United States. The United States and United Kingdom stoutly resisted pressures to alter the sanctions regime from the other permanent members of the UNSC during the 1990s. Madeleine Albright, the US ambassador to the United Nations at the time, provided the defining sound bite for this culpability in May 1996. In a 60 Minutes interview, she said that even if the sanctions had killed half a million Iraqi children, ‘‘the price is worth it.’’3 The final policy problem was the link between sanctions and the spread of corruption, as the UN’s Oil for Food scandal made clear. By punishing ordinary market activity, sanctions give entrepreneurs a strong incentive to take the criminal route—and they usually earn higher-than-usual profits in the bargain. Sanctions and black market activity therefore go together. As Peter Andreas (2005) has demonstrated, trade sanctions encourage the creation of organized crime syndicates and transnational smuggling networks. Sanctions do not just weaken the rule of law in the target country—they weaken the rule of law in bordering countries and monitoring organizations as well. The corruption has a path dependent quality, persisting long after sanctions have been lifted. The humanitarian and political costs that emanated from the Iraq sanctions caused a great deal of consternation in political circles at the same time that concerns about ‘‘human security’’ were emerging. Humanitarian groups ranging from the Red Cross to Human Rights Watch questioned the ethics of comprehensive trade sanctions (Weiss 1999:500). Multiple UN agencies started to voice concerns about the Security Council’s implementation of comprehensive sanctions (Reinisch 2001). UN Secretary-Generals Boutros Boutros-Ghali and Kofi Annan both labeled sanctions a ‘‘blunt instrument’’ and asked whether the suffering inflicted on vulnerable groups was a legitimate means of exerting pressure on political leaders (quoted in Hawkins and Lloyd 2003:444).’’ United Nations officials began casting about for solutions to the problem.
|
Daniel W. Drezner, 2011, [Professor of international politics at The Fletcher School, Tufts University] [International Studies Review, “Sanctions Sometimes Smart: Targeted Sanctions in Theory and Practice”, http://fletcher.tufts.edu/~/media/Fletcher/News%20Images/Drezner_Sanctions.pdf] [MN]
|
While not appearing to work, the political blame for Iraq’s humanitarian disaster was placed squarely on the United States As the main backer of the United Nations sanctions initiative, and the country most adamant in trying to force out its leader, responsibility fell on the United States she said that even if the sanctions had killed half a million Iraqi children, ‘‘the price is worth it. The final policy problem was the link between sanctions and the spread of corruption, as the UN’s Oil for Food scandal made clear. By punishing ordinary market activity, sanctions give entrepreneurs a strong incentive to take the criminal route Sanctions and black market activity therefore go together has demonstrated, trade sanctions encourage the creation of organized crime syndicates and transnational smuggling networks Sanctions weaken the rule of law in bordering countries and monitoring organizations as well The humanitarian and political costs that emanated from the Iraq sanctions caused a great deal of consternation in political circles at the same time that concerns about ‘‘human security’’ were emerging Humanitarian groups questioned the ethics of comprehensive trade sanctions Kofi Annan both labeled sanctions a ‘‘blunt instrument’ and asked whether the suffering was legitimate
|
Comprehensive sanctions severely damage US international perception – being blamed for half a million deaths of innocent children decimates any positive perception of the US
| 2,497 | 174 | 1,292 | 378 | 25 | 197 | 0.066138 | 0.521164 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,475 |
We face this domestic challenge while other major powers are experiencing rapid economic growth. Even though countries such as China, India, and Brazil have profound political, social, demographic, and economic problems, their economies are growing faster than ours, and this could alter the global distribution of power. These trends could in the long term produce a multi-polar world. If U.S. policymakers fail to act and other powers continue to grow, it is not a question of whether but when a new international order will emerge. The closing of the gap between the United States and its rivals could intensify geopolitical competition among major powers, increase incentives for local powers to play major powers against one another, and undercut our will to preclude or respond to international crises because of the higher risk of escalation. The stakes are high. In modern history, the longest period of peace among the great powers has been the era of U.S. leadership. By contrast, multi-polar systems have been unstable, with their competitive dynamics resulting in frequent crises and major wars among the great powers. Failures of multi-polar international systems produced both world wars. American retrenchment could have devastating consequences. Without an American security blanket, regional powers could rearm in an attempt to balance against emerging threats. Under this scenario, there would be a heightened possibility of arms races, miscalculation, or other crises spiraling into all-out conflict. Alternatively, in seeking to accommodate the stronger powers, weaker powers may shift their geopolitical posture away from the United States. Either way, hostile states would be emboldened to make aggressive moves in their regions. As rival powers rise, Asia in particular is likely to emerge as a zone of great-power competition. Beijing’s economic rise has enabled a dramatic military buildup focused on acquisitions of naval, cruise, and ballistic missiles, long-range stealth aircraft, and anti-satellite capabilities. China’s strategic modernization is aimed, ultimately, at denying the United States access to the seas around China. Even as cooperative economic ties in the region have grown, China’s expansive territorial claims — and provocative statements and actions following crises in Korea and incidents at sea — have roiled its relations with South Korea, Japan, India, and Southeast Asian states. Still, the United States is the most significant barrier facing Chinese hegemony and aggression.
|
Khalilzad 11, former US ambassador to the UN, 2011 (Zalmay, “The Economy and National Security,” February 8, Online: http://www.conservativesforamerica.com/national-review/the-economy-and-national-security]
|
The closing of the gap between the United States and its rivals could intensify geopolitical competition among major powers, increase incentives for local powers to play major powers against one another, and undercut our will to preclude or respond to international crises because of the higher risk of escalation. the longest period of peace among the great powers has been the era of U.S. leadership. By contrast, multi-polar systems have been unstable, with their competitive dynamics resulting in frequent crises and major wars among the great powers. Failures of multi-polar international systems produced both world wars. American retrenchment could have devastating consequences. Without an American security blanket, regional powers could rearm in an attempt to balance against emerging threats. there would be a heightened possibility of arms races, miscalculation, or other crises spiraling into all-out conflict. hostile states would be emboldened to make aggressive moves in their regions. As rival powers rise, Asia in particular is likely to emerge as a zone of great-power competition. China’s expansive territorial claims — and provocative statements and actions following crises in Korea and incidents at sea — have roiled its relations with South Korea, Japan, India, and Southeast Asian states. Still, the United States is the most significant barrier facing Chinese hegemony and aggression.
|
Decline in US hegemony risks global nuclear war
| 2,528 | 47 | 1,410 | 379 | 8 | 211 | 0.021108 | 0.556728 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,476 |
Smart sanctions were an idea that created a useful focal point of agreement among key stakeholders in the international system (Garrett and Weingast 1993).5 U.N. Security Council members Russia, China, and France grew frustrated by their inability to alter the sanctions regime once the initial measures were approved. At the same time, the United States and United Kingdom wanted to keep sanctions in the policy tool kit. For recalcitrant members of the Security Council, smart sanctions offered the opportunity to cooperate with the hegemonic actor in the international system. At the same time, smart sanctions would not impose excessive humanitarian costs or threaten lucrative trading relationships with target countries. For the United States and the United Kingdom, the targeted sanctions framework seemed like a more precise policy tool. For humanitarian and human rights activists, smart sanctions seemed the best way to enforce norms in the global system without imposing needless costs on the most powerless members in target societies. A two-track process emerged to improve the use of targeted sanctions. Within the United Nations machinery, an ongoing series of sanctions committees were formed to monitor and assess the effect of different Security Council resolutions authorizing sanctions. These committees had little enforcement power and therefore acted only as a minimal deterrent against private actors engaging in sanctions-busting activity. These committees did succeeded, however, in explicitly naming and shaming countries that were violating existing sanctions resolutions (Brzoska 2003). Given the powerful norms of diplomatic comity at the United Nations, this move in and of itself represented a significant break from past practices in Turtle Bay.
|
Daniel W. Drezner, 2011, [Professor of international politics at The Fletcher School, Tufts University] [International Studies Review, “Sanctions Sometimes Smart: Targeted Sanctions in Theory and Practice”, http://fletcher.tufts.edu/~/media/Fletcher/News%20Images/Drezner_Sanctions.pdf] [MN]
|
Smart sanctions created agreement among key stakeholders in the international system U.N Security Council members Russia, China, and France grew frustrated by their inability to alter the sanctions regime once the initial measures were approved smart sanctions offered the opportunity to cooperate with the hegemonic actor in the international system smart sanctions would not impose excessive humanitarian costs or threaten lucrative trading relationships with target countries. the targeted sanctions framework seemed like a more precise policy tool. smart sanctions seemed the best way to enforce norms in the global system without imposing needless costs on the most powerless members in target societies.
|
Smart sanctions are mutually beneficial
| 1,776 | 39 | 709 | 263 | 5 | 102 | 0.019011 | 0.387833 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,477 |
In particular, the U.S. government should quickly and significantly increase the number of H1-B visas being approved for specialized foreign workers such as doctors, scientists and engineers. Their contributions are critical to improving human welfare as well as our economy. Foreign scientists working or studying in U.S. universities also become informal goodwill ambassadors for America globally -- an important benefit in the developing world, where senior scientists and engineers often enter national politics.¶ More broadly, we urgently need to expand and deepen links between the U.S. and foreign scientific communities to advance solutions to common challenges. Climate change, sustainable development, pandemic disease, malnutrition, protection for oceans and wildlife, national security and innovative energy technologies all demand solutions that draw on science and technology.
|
Thomas R. Pickering and Peter Agre, writers for the Baltimore sun, February 09, 2010, More opportunities needed for U.S. researchers to work with foreign counterparts, http://articles.baltimoresun.com/2010-02-09/news/bal-op.northkorea0209_1_science-and-technology-north-korea-scientists-and-engineers
|
U.S. government should quickly and significantly increase the number of H1-B visas being approved for specialized foreign workers such as doctors, scientists and engineers scientists working or studying in U.S. universities also become informal goodwill ambassadors for America globally -- an important benefit in the developing world we urgently need to expand and deepen links between the U.S. and foreign scientific communities to advance solutions to common challenges Climate change, sustainable development, pandemic disease, malnutrition, protection for oceans and wildlife, national security and innovative energy technologies all demand solutions that draw on science and technology.
|
H1B visas key to science diplomacy
| 891 | 34 | 693 | 123 | 6 | 95 | 0.04878 | 0.772358 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,478 |
Absent a scenario in which the Renewable Fuel Standard was raised at the same time as U.S. consumption of ethanol from Cuban sugarcane increased, it is likely that encouraging the importing of Cuban sugarcane ethanol would have a negative economic effect on the Midwestern United States. The worst case economic scenario for the United States that could possibly arise out of policy and law changes that successfully encourage the development of a Cuban sugarcane ethanol industry would be that such ethanol largely supplants rather than supplements the domestic ethanol industry. This could lead to ethanol plant closures, job losses, and a regionalized economic slowdown across the Midwestern United States. This regionalized economic slowdown would be made worse if a drop in demand for corn-based ethanol led to a significant decline in corn prices and a resulting loss of purchasing power by corn farmers (whose spending in times of high commodity prices boosts small-town economies).1
|
Specht 4/24 (Jonathan, UC Davis professor, “Raising Cane: Cuban Sugarcane Ethanol’s Economic and Environmental Effects on the United States”, http://environs.law.ucdavis.edu/issues/36/2/specht.pdf) JA
|
encouraging the importing of Cuban sugarcane ethanol would have a negative economic effect on the Midwestern United States. The worst case economic scenario for the United States that could arise out of policy that successfully encourage the development of a Cuban sugarcane ethanol industry would be that such ethanol supplants the domestic ethanol industry. This could lead to economic slowdown across the Midwest . This economic slowdown would be made worse if a drop in demand for corn-based ethanol led to a significant decline in corn prices and a resulting loss of purchasing power by corn farmers
|
Importation of Cuban sugar cane collapses Midwest economies
| 990 | 59 | 604 | 154 | 8 | 97 | 0.051948 | 0.62987 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,479 |
It must be stressed that sugarcane-based ethanol, from Cuba or anywhere else, is not the solution to the energy and climate change problems faced by the United States, as replacing just 10% of global gasoline usage with sugarcane-based ethanol would require a tenfold increase in global sugarcane production.2 To address the problems of both peak oil and climate change, the United States must do much more to reduce its fossil fuel consumption. It should primarily do this by using the strategies highlighted in the introduction to this Article: higher fuel efficiency standards, electric cars (powered with electricity from renewable energy sources, not coal), more public transportation, more walkable neighborhoods, and shorter commutes. To the extent to which there will inevitably still be high demand for liquid fuels for automobiles, however, ethanol from Cuban-grown sugarcane can, and should, be part of the solution to both problems.
|
Specht 4/24 (Jonathan, UC Davis professor, “Raising Cane: Cuban Sugarcane Ethanol’s Economic and Environmental Effects on the United States”, http://environs.law.ucdavis.edu/issues/36/2/specht.pdf) JA
|
sugarcane-based ethanol, from Cuba is not the solution to the energy and climate change problems faced by the United States, as replacing just 10% of global gasoline usage with sugarcane-based ethanol would require a tenfold increase in global sugarcane production the United States must do much more to reduce its fossil fuel consumption. by higher fuel efficiency standards, electric cars more public transportation, more walkable neighborhoods, and shorter commutes.
|
[ ] Midwest k2 US economy
| 944 | 25 | 469 | 145 | 6 | 69 | 0.041379 | 0.475862 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,480 |
VINALES, Cuba — Cuban and American scientists have joined forces in an effort to protect baby sea turtles and endangered sharks. They’re studying Caribbean weather patterns that fuel the hurricanes that have devastated the Southeastern United States.¶ In the process, they’re chipping away at a half-century of government feuding, helping to bring the nations together for talks on vital matters, such as what to do in case of an oil spill.¶ The two countries are so geographically close, and the environmental concerns so similar, that scientists say it’s crucial to combine forces.¶ “If we’re going to have any hope of protecting our environment in the future, from climate change to our shared resources in the Gulf of Mexico, we have to collaborate,” said Dan Whittle, the Cuba program director at the Environmental Defense Fund.¶ Under the Obama administration, cooperation between scientific organizations has increased, scientists say. Visas are being granted more regularly to Cuban scientists and it’s easier for Americans to get the U.S. government licenses needed to do research on the island.¶ Peter Agre, a Nobel laureate in chemistry and the head of the Johns Hopkins Malaria Research Institute, led 18 U.S. scientists associated with the American Association for the Advancement of Science on a trip to Cuba in December to meet with counterparts about potential cooperation in marine and atmospheric sciences, and sustainable fisheries.¶ For some American scientists, going to Cuba is like tasting a piece of forbidden fruit. The scientific landscape has been largely untouched for decades.¶ The U.S. trade embargo, which has been in place for 50 years, has in many ways been a gift to Cuba’s forests, fish populations and coral reefs. It helped insulate Cuba’s ecosystem from the type of tourist development that’s wracked other nations.¶ Sea turtles that feed in Florida journey back each year to nest in Cuba. Many grunts and snapper fish that live off the North Carolina coast also spawn in Cuba. The oceanic whitetip shark has almost disappeared from U.S. waters, but preliminary studies show the predators in abundance around the island.¶ Cuban scientists see the collaboration with Americans as an honest exchange of work, as opposed to a plea for funding or resources.¶ They complain that they don’t get enough credit for their science, and they boast that Cuba represents 2 percent of the Latin American population but has 11 percent of the scientists in the region. There are thousands of Cuban doctors and health professionals on medical missions abroad.¶ The country includes more than 84 protected areas, making up almost 14 percent of the island. In Western Cuba at the 37,500-acre Vinales National Park, environmentalists study ways to protect the vast mountains that are home to an array of native plants and animals, including the renown “painted snails.” Legend has it that the sun painted their vibrant orange and yellow swirled shells.¶ “Of maximum importance is the need to protect and conserve the environment,” said Yamira Valdez, a Cuban environmental specialist at the park. “Our countries can share experiences, criteria. They can see what works here. And we can apply their experience to the work we do.”¶ Scientists and scholars have helped break through political barriers before. An environmental agreement reached with the Soviet Union in the 1970s is often credited with easing Cold War tensions.¶ “So later when things began to loosen up and relations warmed, there was a network of people who knew each other quite well who had actually had dinners together and been to each other’s homes,” said William Reilly, the head of the Environmental Protection Agency under President George H.W. Bush. “That is enormously constructive.”¶ The researchers understand that anything involving Cuba is going to be controversial. A decision to grant President Raul Castro’s daughter a visa to attend an academic conference in San Francisco this week sparked a wave of criticism from Cuban-American groups, calling her an enemy of democracy. But the researchers say their work is focused on science, not politics. Their cooperation will serve as a foundation for future dialogue, they say.¶ “The political relationship at some point, in five years, 50 years, 500 years, whatever it is, will change,” said Vaughan Turekian, an atmospheric geochemist and chief international officer at the American Association for the Advancement of Science.¶ In a rare move last year, the Environmental Defense Fund received State Department approval to bring a senior official from the National Oceanic and Atmospheric Administration to Cuba to meet with officials about rebuilding fish stocks for species of fish that populate the region.¶ Oil is a key area of cooperative interest.¶ Scientists have helped facilitate talks between the nations as the specter of an oil spill has raised concerns in both of them.¶ Cuban oceanographers reached out to their U.S. counterparts after the 2010 BP spill to help them gain reassurances that the U.S. government would step in should the gushing petroleum come near Cuban shores.¶ “The ocean doesn’t have borders. It’s more about the currents. It’s more how nature works and which are the vulnerable species,” said Roberto Perez, a scientist at the Antonio Nunez Jimenez Foundation of Man and Nature in Havana. “Fortunately, it didn’t come to our waters, but the idea really opened up the window of opportunity for the governments to talk.”¶ Those conversations have increased as Cuba prepares to drill for oil just 70 miles from the Florida Keys.¶ Last year, the U.S. Treasury Department granted a group of environmentalists and drilling experts, led by the Environmental Defense Fund, permission to travel to Cuban to meet with top officials at the Ministry of Basic Industry, which regulates the energy sector, as well as the state-run petroleum company. The group included Reilly, the co-chair of a bipartisan commission that investigated the 2010 BP spill. He said his goal was to share the commission’s findings with Cuban officials, who had no experience regulating offshore oil and gas, in hopes that they wouldn’t make the same mistakes that led to the BP disaster.¶ When he returned to the United States, Reilly briefed the Bureau of Ocean Energy Management, Regulation and Enforcement and other administration agencies, whose officials, Reilly said, were very interested to learn that the Cubans were reading the Interior Department’s regulatory reports and planned to adhere to American standards.¶ “That was not known,” he said.¶ U.S. officials also have engaged with the International Maritime Organization, which has sent technical teams to Cuba to evaluate its oil drilling procedures, and Cuban and U.S. officials met in the Bahamas in December along with officials from Mexico and Jamaica to discuss disaster plans. A similar meeting was held in Trinidad and administration officials say more will come.¶ “In fact, we’re all comfortable all the entities that would need licenses to respond appropriately either have them or are in the process of getting them at this point,” said a senior administration official, who requested anonymity in order to speak freely.¶ Reilly notes that his delegation spent several days speaking directly with top Cuban officials and was able to gather specific details about Cuban plans that may not have been discussed at other multinational meetings.¶ “On the oil and gas issues, we’ve been moderately successful in getting the two governments to start talking with each other,” said the Environmental Defense Fund’s Whittle, who helped lead the trip and had several meetings with administration officials.
|
Ordonez 12 (Franco Ordonez, 5/21/12, McClatchy newspapers, “Scientists work to bridge political gap between Cuba, U.S.” http://www.mcclatchydc.com/2012/05/21/149603/scientists-work-to-bridge-political.html#.Ue93UI2Thsk) JA
|
Cuban and American scientists have joined forces in an effort to protect baby sea turtles and endangered sharks. They’re studying Caribbean weather patterns that fuel hurricanes In the process, they’re chipping away at a half-century of government feuding, helping to bring the nations together for talks on vital matters, such as what to do in case of an oil spill.¶ Under the Obama administration, cooperation between scientific organizations has increased, scientists say. Visas are being granted more regularly to Cuban scientists and it’s easier for Americans to get the U.S. government licenses needed to do research on the island.¶ The U.S. trade embargo, which has been in place for 50 years, has in many ways been a gift to Cuba’s forests, fish populations and coral reefs. It helped insulate Cuba’s ecosystem from the type of tourist development that’s wracked other nations.¶ Cuban scientists see the collaboration with Americans as an honest exchange of work, as opposed to a plea for funding or resources There are thousands of Cuban doctors and health professionals on medical missions abroad.¶ Oil is a key area of cooperative interest.¶ Scientists have helped facilitate talks between the nations as the specter of an oil spill has raised concerns in both of them.¶ Cuban oceanographers reached out to their U.S. counterparts after the 2010 BP spill to help them gain reassurances that the U.S. government would step in should the gushing petroleum come near Cuban shores.¶ The ocean doesn’t have borders. It’s more about the currents. It’s more how nature works and which are the vulnerable species,” the idea really opened up the window of opportunity for the governments to talk.”¶ U.S. officials also have engaged with the International Maritime Organization, which has sent technical teams to Cuba to evaluate its oil drilling procedures, and Cuban and U.S. officials met in the Bahamas in December along with officials from Mexico and Jamaica to discuss disaster plans. On the oil and gas issues, we’ve been moderately successful in getting the two governments to start talking with each other,”
|
Cooperation now—Obama’s lifting restrictions
| 7,716 | 44 | 2,117 | 1,224 | 4 | 340 | 0.003268 | 0.277778 |
Cuban Embargo Negative - DDI 2013 AC.html5
|
Dartmouth DDI
|
Case Negatives
|
2013
|
3,481 |
When it comes to renewable energy investments, Mexico is at the forefront for foreign investors who are looking to manufacturing in Mexico while the country moves to more solar and wind projects. In fact, the renewable energy movement in Mexican manufacturing is huge when it comes to how this country is pursuing power sources other than fossil fuels. Also, there are recent U.S. and United Nations studies that points to Mexico leading the way in developing more "green" energy programs.¶ Mexican manufacturing goes green¶ At a time when manufacturing in Mexico is booming, there is an associated trend for the country to spend more on natural energy projects to help boost the overall production and sales of clean-energy technologies and processes.¶ Moreover, the UN Environment Program (UNEP) praised Mexico for its processes for creating more low-carbon green energies that is designed to make the country more focused on green energy manufacturing both today and in the future. The UNEP also stated in a news release how Mexico is jumping on this global trend to go “green” with the development of more solar and wind manufacturing and technology performance.¶ Mexico surges in green energy investment¶ The UNEP report on regional surges in green energy investment pointed to spending growing steadily in Mexico as investments continue to pour in from the U.S. and other foreign countries that understand the importance of emerging economies when it comes to cost-competitiveness for wind and solar power manufacturing. In fact, a U.S. Department of Energy report notes how investments in environmentally friendly energy sources are shifting to developing nations such as Mexico with its energy grid construction that is also providing huge investment openings for U.S. and other foreign company investment.¶ For instance, Mexico has an international reputation as an energy producer. However, the country is moving away from just focusing foreign investments on its vast natural oil reserves. In turn, Mexico is presenting investors with an opportunity to invest in its new energy grid construction projects that are powered by wind and solar sources over previous methods that focused more on oil and other fossil fuels.¶ Promoting solar resources in Mexico¶ Mexico’s government has been at the forefront in the trend to reduce carbon emissions by more than 30% during the current decade, states information from the country’s energy agency that is currently promoting the development of wind and solar power sources to meet the country’s growing electricity requirements.¶ Another aspect of Mexico’s planning for more natural energy investments and partnerships is linked to a plan that will export surplus energy produced in Mexico to nearby partners in the U.S. In turn, this Mexico – U.S. natural energy partnership is spawning new interest for overseas investors who view the exporting of energy as a lucrative new green market for investment.¶ Overall, Mexico continues to be at the cutting-edge when it comes to the development of solar and wind energy sources and other renewable resource programs.
|
Megan Richford, 6/13/13, CISION, "vision for renewable energy in mexico looks promising," http://news.cision.com/north-american-production-sharing--inc-/r/vision-for-renewable-energy-in-mexico-looks-promising,c9428687
|
When it comes to renewable energy investments, Mexico is at the forefront Mexico is jumping on this global trend to go “green” with the development of more solar and wind manufacturing and technology performance. The UNEP pointed to spending growing steadily in Mexico as investments continue to pour in from the U.S Another aspect of Mexico’s planning for more natural energy investments and partnerships is linked to a plan that will export surplus energy produced in Mexico to nearby partners in the U.S. In turn, this Mexico – U.S. natural energy partnership is spawning new interest for overseas investors who view the exporting of energy as a lucrative new green market for investment Overall, Mexico continues to be at the cutting-edge when it comes to the development of solar and wind energy sources and other renewable resource programs
|
Mexico is already heavily invested in renewable energy – tons of foreign investment come from the United States
| 3,115 | 111 | 846 | 490 | 18 | 138 | 0.036735 | 0.281633 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,482 |
On May 9, the Board of Directors of the Border Environment Cooperation Commission (BECC) and the North American Development Bank (NADB) met in Matamoros, Tamaulipas, and approved financing and certification for six new environmental infrastructure projects that together will receive loans and grants totaling US$44.57 million and will benefit more than 1.54 million residents in various communities throughout the U.S.-Mexico border region. ¶ “2012 was an exceptional year for both institutions, with BECC certifying 19 projects costing an estimated US$1.8 billion to build and NADB approving more than US$683 million in loans and grants to support their implementation,” stated Board chair Juan Bosco Martí Ascencio, representing Mexico’s Secretaría de Hacienda y Crédito Público. “Today, we can report that this work pace is continuing into 2013, and that both institutions are taking actions aimed at improving their operational efficiency.” ¶ Among the projects certified for financing is NADB’s first biogas project, which will capture and use methane gas from the municipal landfill in Saltillo, Coahuila to generate electricity. The project will be developed by Lorean Energy Group, S.A.P.I. de C.V., which has the concession from the Municipality to use the landfill biomass and operate the biogas recovery and power generation project. The electricity will be used by the Municipality under a self-supply permit, which will reduce its energy costs. The facility is expected to help displace 45,015 metric tons/year of carbon dioxide equivalent, as well as capture and burn the biogas (methane) from the landfill preventing its release into the atmosphere. ¶ The Board also approved a basic urban infrastructure project for Hermosillo, Sonora that will help reduce water, soil and air pollution in the municipality. Among the works considered for this project are improvements to the water and wastewater systems, including the installation of 4,500 residential sewer hookups and construction of two wastewater treatment plants with a joint capacity of 0.80 million gallons per day (MGD) that will provide service to the outlying communities of Bahía de Kino, La Victoria and Tazajal. The project also includes rehabilitation of storm water inlet structures, paving of 422,691 square meters (m2) of dirt roads, and rehabilitation of 404,307 m2 of existing roads. ¶ The Board also certified two wastewater system improvement projects in Holtville, a small community in the southern part of Imperial Valley, California, which will benefit more than 6,000 residents. The first project will replace the sewer main that conveys all of the collected wastewater to the treatment plant, while the second project expands the sewer system to a currently unserved area. These projects will receive a grant from the U.S. Environmental Protection Agency (EPA) through the Border Environment Infrastructure Fund (BEIF), which is administered by the NADB. ¶ Finally, the Board of Directors agreed to provide grants for two projects through NADB’s Community Assistance Program (CAP) to finance a water system improvement project in Sunland Park, New Mexico, and a storm water infrastructure project in Santiago, Nuevo León. ¶ The Sunland Park project will replace approximately 2,150 water meters and acquire meter reading equipment and data collection and billing software that will contribute to water resource management and conservation by helping the utility to detect leaks and develop effective conservation strategies. ¶ The CAP project in Santiago, Nuevo León will directly benefit 20,000 residents of the community of Los Fierros by constructing a new storm water collection main along two streets to interconnect with the existing regional storm water system. Improved storm water management will prevent unsanitary conditions, including flooding and surface ponding, eliminating possible exposure to stagnant water and reducing the risk for waterborne diseases. ¶ Karen Mathiasen, Acting Deputy Assistant Secretary of the Office of International Development Policy and Debt of the U.S. Department of the Treasury and co-chair of the Board, welcomed the approvals, noting that the diversity of projects has the potential to generate “significant and sustained improvements in health and the environment along the border region.” ¶ The Board also approved several new financial policies to further strengthen management of the Bank’s capital. The U.S. and Mexican co-chairs took the opportunity to reaffirm their confidence in the effective stewardship of the Bank’s resources. In this vein, they welcomed the recent AA rating from Fitch, which took note of the strong support of the two governments for this unique institution. ¶ The Board is comprised on the U.S. side of the Department of the Treasury, the Department of State and the Environmental Protection Agency (EPA) and on the Mexican side by their counterparts—the Ministry of Finance and Public Credit (SHCP), the Ministry of Foreign Relations (SRE) and the Ministry of Environment and Natural Resources (SEMARNAT), as well as by a border state and a border resident representative from each country. ¶ In its 18 years of operation, BECC has certified 218 environmental infrastructure projects along the U.S.-Mexico border. For its part, NADB is providing more than US$2.3 billion in loans and grants to support 187 of those projects, which represents a total investment of approximately US$5.6 billion and will benefit an estimated 18 million border residents.
|
Gonzalo Bravo, 5/9/13, NADB, "six new infrastructure projects in the US-Mexico border region to receive US $44.59 million in financing," http://www.nadb.org/Reports1/Press_Releases/english/2013/050913.htm
|
the North American Development Bank approved financing and certification for six new environmental infrastructure projects that together will receive loans and grants totaling US$44.57 million and will benefit more than 1.54 million residents in various communities throughout the U.S.-Mexico border region NADB is providing more than US$2.3 billion in loans and grants to support 187 of those projects, which represents a total investment of approximately US$5.6 billion and will benefit an estimated 18 million border residents
|
The NADB is currently financing lots of environmental infrastructure projects on the border
| 5,526 | 91 | 529 | 840 | 13 | 76 | 0.015476 | 0.090476 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,483 |
For future cross border renewable energy trade to grow, however, a number of barriers must be overcome. For one, power exported from Mexico and sold to California under its RPS must show that it meets California’s environmental quality standards and that it protects the environment to the same extent as if it were located in California.44 The RPS environmental requirements are not clear and need to be better defined. Also of concern is the potential impact that intermittent wind energy might have on CFE’s and Imperial Irrigation District (IID) electrical grids even if not directly connected to them. Such impacts must be identified and addressed to CFE’s satisfaction prior to its concurrence of the CRE’s issuance of an energy export permit. The integration of 5,000 MW of wind from Baja California, for example, may require CFE’s 230‐kV East‐West corridor to be significantly reinforced raising the question, who will pay. CAISO is in contact with CFE and IID to study the impact that the region’s renewable energy cluster might have on their respective systems. Nevertheless, remediation of potential impacts will need to be addressed between the developer and CFE and/or IID.
|
John Garrison, 4/30/2010, USAID, (Garrison is an environment and climate change consultant), "clean energy & climate change opportunities: assessment for USAID/Mexico," http://pdf.usaid.gov/pdf_docs/PNADS950.pdf
|
For future cross border renewable energy trade to grow number of barriers must be overcome. For one, power exported from Mexico and sold to California under its RPS must show that it meets California’s environmental quality standards and that it protects the environment to the same extent as if it were located in California The RPS environmental requirements are not clear
|
Renewable portfolio standards prevent American states from buying Mexican electricity
| 1,186 | 85 | 374 | 190 | 10 | 61 | 0.052632 | 0.321053 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,484 |
Although the attractiveness of the commercial and residential markets are rapidly growing, barriers still remain to renewables being able to reach full market momentum.¶ Whilst Mexico possesses robust grid infrastructure, interconnection approval is a growing barrier to market. “Based on the conversations that I’ve had with the CRE and SENER, there is potential to put 100- 150MW on the ground this year- but this is depending on good interconnection approval” stated Brian Schmidly, Chief Executive Officer of Rio Grande Solar.¶ Low utility rates are also likely to slow growth through 2013; however by 2014 things are set to pick up, with John Skibinski stating “I would gather that we would see 250MW by 2015 of deployed solar farms in Mexico, and 750MW of wind”.
|
Abbott 2013 (Bryony; The Vision for Renewable Energy in Mexico: 250mw of solar pv and 750mw of wind power by 2015; April 19; www.renewableenergyworld.com/rea/partner/green-power-conferences-3234/news/article/2013/04/the-vision-for-renewable-energy-in-mexico-250mw-of-solar-pv-and-750mw-of-wind-power-by-2015; kdf)
|
barriers still remain to renewables being able to reach full market momentum. Whilst Mexico possesses robust grid infrastructure, interconnection approval is a growing barrier to market. Low utility rates are also likely to slow growth through 2013;
|
C) Infrastructure & Utility Rates
| 768 | 33 | 249 | 124 | 5 | 37 | 0.040323 | 0.298387 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,485 |
Other Barriers to Renewable Energy. While price is the main barrier to renewable energy development in Mexico, the following is a list of additional renewable energy barriers identified by the Inter‐American Development Bank’s “A Blueprint for Green Energy in the Americas” and the Bank’s “Mexico Public‐Private Sector Renewable Energy Program” Clean Technology Fund (CTF) Proposal:¶ Regulatory Barriers: There is a lack of transparency and uncertainty in the Federal Electricity Commission’s (CFE) independent power producer tendering process including the definition of ceiling prices and the selection criteria. For auto‐generation projects, there is a lack of legal clarity in terms of CFE’s purchase of excess electricity.34¶ Lack of Incentives: Even under the new regulatory framework, it remains to be seen whether new measures to promote renewables will be sufficient to enable renewable energy to compete with combined‐cycle natural gas fired plants. CFE renewable energy projects have also been hampered by the expectation that such investments must obtain a minimum 12% return.35¶ Transmission Access, Capacity and Fees: Many viable small scale hydro projects that take advantage of existing irrigation channels are far from existing transmission lines. This is also true for wind energy projects. Transmission capacity in areas with large renewable energy potential is also an issue. For example, additional transmission capacity will be required to expand the cross‐border sale of renewable energy to the State of California. In the state of Oaxaca, 13 private auto‐generation developers on the Isthmus of Tehuantepec were required to build the interconnection infrastructure to bring the wind generated power to the main transmission network at a cost of $200 million.36 Furthermore, grid interconnection charges are set on a case‐by‐case basis with no clear methodology for calculating the charges.37 Permitting Time: Small hydro projects, in particular, require extensive permits including water‐use and land‐use concessions, and project approval from the National Water Commission (Comisión Nacional del Agua ‐ CNA).38 CFE approval procedures for renewable energy projects lead to high up‐front and transaction costs.39¶ Limited Access to Finance: Rural communities are often unable to pay the cost of off‐grid renewable electricity without some form of outside assistance. Mexico’s national development banks have not developed financial instruments that adequately address the renewable energy sector’s risks and liquidity needs.40¶ Environmental Concerns: Apart from the environmental concerns associated with large hydroelectric dams, potential geothermal sites are located near or in ecological reserves. Wind and large solar projects also have potentially negative environmental and social impacts.¶ Class Seven Winds: High winds in the States of Oaxaca and Baja California limit the types of wind turbines available for such high wind conditions.
|
John Garrison, 4/30/2010, USAID, (Garrison is an environment and climate change consultant), "clean energy & climate change opportunities: assessment for USAID/Mexico," http://pdf.usaid.gov/pdf_docs/PNADS950.pdf
|
Other Barriers to Renewable Energy While price is the main barrier the following is a list of additional barriers There is a lack of transparency and uncertainty in the Federal Electricity Commission’s (CFE) independent power producer tendering process including the definition of ceiling prices and the selection criteria it remains to be seen whether new measures to promote renewables will be sufficient to enable renewable energy to compete with combined‐cycle natural gas fired plants Transmission capacity in areas with large renewable energy potential is also an issue grid interconnection charges are set on a case‐by‐case basis with no clear methodology for calculating the charges CFE approval procedures for renewable energy projects lead to high up‐front and transaction costs.
|
Bureaucracy, cheap natural gas, and poor infrastructure all tank renewable energy development in Mexico
| 2,970 | 103 | 789 | 427 | 14 | 118 | 0.032787 | 0.276347 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,486 |
When you read an article about the Export-Import Bank and all the jobs it’s helping to create by “investing” in green energy technologies around the world, hold your applause. One such article touts the $780,000, 10-year loan guarantee for the export of photovoltaic (PV) solar modules from a Georgia-based company, Suniva Inc., to a rooftop solar-power project in Mexico.¶ While some characterize Suniva as a “fast-growing solar startup often held up as an example of American innovation,” the Norcross, GA-based company is no stranger to the Washington game. According to Open Secrets, the company has spent $360,000 lobbying lawmakers.¶ In 2011, after expressing “displeasure” with Department of Energy’s “terms and conditions, Suniva abandoned efforts to secure a $141 million loan. Instead, the company received a hefty tax incentive from the Michigan Economic Growth Authority “to open a $250 million solar cell manufacturing facility in the Great Lakes Technology Solar Park.”¶ Not surprisingly, one of the cheerleaders for this new deal is the man who heads up the Ex-Im Bank, Fred P. Hochberg:¶ “With this authorization, Ex-Im Bank is continuing its strong support for Suniva’s high-efficiency exports that are sustaining high-quality jobs in Georgia. Our financing also benefits GMI, which will reap clean-energy savings for years to come. We hope to support many more such projects in Mexico and around the world.”¶ You don’t “sustain” jobs by using taxpayers to guarantee loans that – based on past experience and the current state of solar energy technology – are rather likely to fail. More importantly, though, if Suniva Inc. cannot compete in the free market by creating a good enough product, it becomes the American taxpayers’ undue duty to “sustain” said jobs.¶ Ultimately, what this is about is cronyism and the left’s green energy agenda. As Mr. Hochberg said, he and his friends hope to support more such projects in Mexico and around the world, with the backing of our taxpayer money, of course.¶ If that news doesn’t make you happy, maybe this will. The Ex-Im Bank’s loan guarantee is so generous, that it will also support approximately $130,000 of related local costs for the project’s installation and connection to the grid. Talk about lending a helping hand, eh?¶ Conservatives take no issue with innovation. Photovoltaic technology may one day be viable in the free market and consumers may demand it. But as the Heritage Foundation’s Nick Loris said:¶ Renewable sources may very well play a greater role in our energy portfolio, but that should be driven by markets and competition, not subsidies and mandates.¶ Similarly, they should not be propped up by taxpayer-backed loan guarantees. The folks at the Ex-Im Bank don’t understand that. They never have. Nor do the folks at companies like Suniva. They recognize that they have a “longstanding and valuable relationship” with the Ex-Im Bank. Yes, but valuable to whom? It may be valuable to Suniva, but it puts taxpayers in a precarious situation. If the company fails to repay the loan, it will be repaid by U.S. taxpayers.
|
Katherine Rosario, 1/29/13, Heritage Foundation, "cronyism chronicles: export-import bank's pet solar energy project," http://heritageaction.com/2013/01/cronyism-chronicles-export-import-banks-pet-solar-energy-project/
|
When you read an article about the Export-Import Bank and investing” in green energy hold your applause One article touts the -year loan guarantee for the export of PV) solar modules from a Georgia company to a project in Mexico You don’t “sustain” jobs by using taxpayers to guarantee loans that are rather likely to fail what this is about is cronyism and the left’s green energy agenda The Ex-Im Bank’s loan guarantee is so generous, that it will also support approximately $130,000 of related local costs for the project’s installation and connection to the grid. Renewable sources should be driven by markets and competition, not subsidies and mandates
|
The export-import bank has a history of giving out bad loans to renewable tech in Mexico
| 3,107 | 88 | 657 | 502 | 16 | 109 | 0.031873 | 0.217131 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,487 |
Another set of ongoing issues regarding the Ex-Im Bank centers on congressional directives that ¶ require the Ex-Im Bank to support exports in specific sectors, namely exports of small businesses ¶ and exports of “green technologies.” These also are areas that have been identified as sectors of ¶ focus under the NEI. One issue is the extent to which the Ex-Im Bank has been able to fulfill ¶ these mandates. For example, the Senate committee report for FY2011 State-Foreign Operations ¶ appropriations (S.Rept. 111-237) expresses concern that, according to the Government ¶ Accountability Office, the Ex-Im Bank “has fallen far short of the congressional directive to ¶ allocate 10 percent of its annual financing to renewable energy or energy efficiency technologies, ¶ and that financing for fossil fuel projects continues to far exceed that for clean energy.” However, ¶ supporters point out that the Ex-Im Bank is largely a demand-driven agency. While the Ex-Im ¶ Bank can make financing available for certain purposes, such as small business or “green” ¶ technology financing (as it already has), if U.S. firms do not have sufficient interests or ¶ commercial incentives for exporting in particular markets, then they may not seek out Ex-Im ¶ Bank support.
|
Shayerah Ilias, 4/3/2012, Congressional Research Service, "export-import bank: background and legislative issues," http://digital.library.unt.edu/ark:/67531/metadc85401/m1/1/high_res_d/R42472_2012Apr03.pdf
|
Another set of ongoing issues regarding the Ex-Im Bank centers on congressional directives that require the Ex-Im Bank to support exports in specific sectors namely exports of green technologies the Ex-Im Bank “has fallen far short of the congressional directive to allocate 10 percent of its annual financing to renewable energy or energy efficiency technologie the Ex-Im Bank is largely a demand-driven agency While the Ex-Im Bank can make financing available for certain purposes if U.S. firms do not have sufficient interests or commercial incentives for exporting in particular markets, then they may not seek out Ex-Im Bank support
|
The export-import bank is not widely used for renewable energy projects – that means the aff won’t promote clean tech development
| 1,263 | 129 | 637 | 203 | 21 | 99 | 0.103448 | 0.487685 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,488 |
The US Export-Import Bank (Ex-Im Bank) is setting its sights on financing small-scale renewable generation projects in Mexico, Timothy Kim from the bank's renewable energy and environment finance office told BNamericas.¶ While the bank would like to become involved into larger commercial projects, it is not yet feasible, said Kim.¶ "We are closely monitoring the current evolution of the country's renewable energy policy, vis-à-vis a bankable feed-in tariff program for larger solar and wind projects."¶ "Until that develops, I believe we'll see a growing trend of [solar] projects less than 1MW, such as the 500kW project we completed recently in Mexico," he added.
|
James Fredrick, 3/4/13, BN Americas, "US Ex-Im bank eyes small scale renewables in Mexico," http://www.bnamericas.com/news/electricpower/ex-im-bank-eyeing-small-scale-renewable-financing-in-mexico
|
The (Ex-Im Bank) is setting its sights on financing small-scale renewable generation projects in Mexic While the bank would like to become involved into larger commercial projects, it is not yet feasible We are closely monitoring the current evolution of the country's renewable energy policy, vis-à-vis a bankable feed-in tariff program for larger solar and wind projects. Until that develops, I believe we'll see a growing trend of [solar] projects less than 1MW
|
The ex-im bank is prohibited from financing large scale renewable projects in Mexico
| 669 | 84 | 464 | 103 | 13 | 73 | 0.126214 | 0.708738 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,489 |
Another source of funds for border environmental infrastructure is the North American Development Bank (NADB), which ¶ is a binational financial institution that provides low-cost financing alternatives for border projects that fall within the scope of its ¶ mandate (see Table 1 [water supply, water conservation, wastewater treatment, municipal solid waste, air quality improvement, clean and renewable energy, energy efficiency, industrial and hazardous waste, public transportation]) and which are previously certified by the ¶ Border Environment Cooperation Commission (BECC). Currently, ¶ the NADB has four lending mechanisms to support the construction of environmental infrastructure: a traditional loan program ¶ that offers funds at market rates or low-interest rates; a Border Environmental Infrastructure Fund (BEIF) that allocates grants from ¶ the Environmental Protection Agency (EPA) for municipal drinking ¶ water and wastewater projects; a Solid Waste Environmental Program ¶ (SWEP); and a Water Conservation Investment Fund (WCIF).7¶ The NADB is an important financial intermediary in the border ¶ region. A recent report indicates that as of September 2009, BECC ¶ had certified 161 environmental infrastructure projects with an ¶ estimated cost of $3.46 billion. The same document mentions that ¶ NADB has contracted more than $1.03 billion in loans to support ¶ 130 of these projects, which represents 93% of all approved funding (NADB-BECC 2009). These numbers are good indicators of the ¶ importance of NADB in terms of project financing. Unfortunately, ¶ these indicators do not permit a proper assessment of two issues that ¶ are crucial to understanding some of the challenges of this funding ¶ mechanism: the cost of financing loans with NADB and the capacity ¶ of the borrower to repay them.¶ These issues were among the concerns of various federal agencies in the U.S. more than a decade ago. In 2000, the U.S. General ¶ Accounting Office (GAO) released a draft version of a report that ¶ discussed the status of environmental infrastructure in the U.S.-¶ Mexican border region (GAO 2000). On that occasion, the EPA, the ¶ Department of State, and the Department of the Treasury voiced ¶ their concerns about the cost of financing associated with NADB ¶ loans.8 As the Department of State highlighted at the time, “[t]¶ here [was] a wide perception that the low level of lending by the ¶ NADBank result[ed] largely from its inability to offer lower than ¶ market rate financing mechanisms that would make loans more ¶ affordable or attractive to poorer border communities.” Interestingly, ¶ for the Department of the Treasury the problem was not the interest ¶ rates charged by NADB but the limited financial capacity of many ¶ border communities and their ability to pay back any bank loans. Do ¶ we have the same situation today?
|
Salvador Espinosa, 2012, The U.S.-Mexican Border Environment: Progress and Challenges for Sustainability (eds., Erik Lee and Paul Ganster), "Chapter 15: Financing Border Environmental Infrastructure: Where are We? Where to form Here?? p. 400-401
|
Another source of funds for border environmental infrastructure is the North American Development Bank which provides financing alternatives for clean and renewable energy indicators do not permit a proper assessment of two issues that are crucial to understanding some of the challenges of this funding mechanism the cost of financing loans with NADB and the capacity of the borrower to repay them t] here [was] a wide perception that the low level of lending by the NADBank result[ed] largely from its inability to offer lower than market rate financing mechanisms that would make loans more affordable or attractive to poorer border communities. the problem was the limited financial capacity of many border communities and their ability to pay back any bank loans
|
The NADB is a bad financing mechanism – high loan interest discourages borrowing, which means the aff can’t solve
| 2,861 | 113 | 767 | 453 | 19 | 122 | 0.041943 | 0.269316 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,490 |
From a strategic standpoint, which is the bigger competitor for geothermal: incumbent coal, oil and gas technologies or other alternative energy technologies?¶ It is the incremental power generation choice that a utility has. For example, a number of utilities have been using natural gas generation as a source of power for peaking requirements. Others look to coal in the longer term and try to find alternate sources for the more near term. Utilities that are located in renewable portfolio standard states will require increasing sources of renewable, and geothermal energy competes with wind and biomass and solar in those cases.
|
Scientific American, 2009, "Beyond fossil fuels: Daniel Kunz on geothermal energy," http://www.scientificamerican.com/article.cfm?id=energy-kunz-us-geothermal
|
which is the bigger competitor for geothermal is the incremental power generation choice that a utility has. For example, a number of utilities have been using natural gas generation as a source of power for peaking requirements Others look to coal in the longer term and try to find alternate sources for the more near term
|
Natural gas crowds out geothermal development
| 634 | 45 | 324 | 100 | 6 | 56 | 0.06 | 0.56 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,491 |
At present no formal plans exist for this expansion into Mexico, and the lack of available subsidies for¶ renewable energy there will be a serious obstacle for the development of large‐scale solar facilities.¶ Plants in the US can benefit from a number of federal and state level grants and subsidies that lower¶ final generating costs, thereby making solar power more competitive relative to other RE sources. Mexico needs to come up with a similar incentive structure to encourage RE. However, fiscal incentives¶ to firms in the PV manufacturing sector has proved important in attracting investment in the cases of¶ Kyocera and Q Cells, and innovative thinking on the part of Federal and State governments in Mexico is¶ needed to try to find mechanisms to provide similar incentives for energy generating plants. The logic is¶ essentially the same: investors will benefit from fiscal incentives and Mexico benefits through jobs and¶ income from exported energy. What’s more, a representative of Tessera Solar commented that an¶ expansion into Mexico makes perfect business sense, and that the problem of transmission would likely¶ not be a major obstacle.50
|
Duncan Wood, May 2010, Woodrow Wilson International Center for Scholars, "Environment, Development and Growth: US-Mexico Cooperation in Renewable Energies," http://www.statealliancepartnership.org/resources_files/USMexico_Cooperation_Renewable_Energies.pdf
|
the lack of available subsidies for renewable energy there will be a serious obstacle for the development of large‐scale solar facilitie Plants in the US can benefit from subsidies Mexico needs to come up with a similar incentive structure innovative thinking on the part of Federal and State governments in Mexico is needed to try to find mechanisms to provide similar incentives for energy generating plants
|
The lack of solar subsidies in Mexico paralyzes the industry
| 1,159 | 60 | 409 | 183 | 10 | 66 | 0.054645 | 0.360656 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,492 |
Cost then remains a significant barrier. Solar energy remains one of the most expensive ways of¶ generating electricity, due to the high cost of infrastructure. Solar thermal plants require investments as¶ high as US $2200 per kW of capacity, meaning generating costs rise to between 12 and 18 cents per¶ kWh. Photovoltaic plants are even costlier, requiring investments of $8000 per kW of capacity, giving¶ costs of between 26‐35 US cents per kWh. Natural gas and even wind can produce power at a fraction of¶ that cost. For communities not connected to the national grid, solar (both thermal and PV) may be an¶ acceptable alternative, given the massive cost of building infrastructure to grant them access to the grid,¶ and this is where most of Mexico’s solar capacity has thus far developed, thanks in no small part to the¶ assistance received under the MREP.
|
Duncan Wood, May 2010, Woodrow Wilson International Center for Scholars, "Environment, Development and Growth: US-Mexico Cooperation in Renewable Energies," http://www.statealliancepartnership.org/resources_files/USMexico_Cooperation_Renewable_Energies.pdf
|
Cost remains a significant barrier Solar energy remains one of the most expensive ways of generating electricity due to the high cost of infrastructure Solar thermal plants require investments as high as US $2200 per kW of capacity Photovoltaic plants are even costlier Natural gas and even wind can produce power at a fraction of that cost
|
Cheap natural gas crowds out solar power in Mexico
| 863 | 50 | 340 | 144 | 9 | 57 | 0.0625 | 0.395833 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,493 |
So there you have it. Fifty dollars of actual revenue is bumped up to $70 with the PTC and $100 of costs are cut to $70 after the special tax credit. That is, $50 = $100 after taxpayers make up the difference. When wind-energy advocates claim that wind power is on the verge of being competitive, they mean that after the PTC and the manufacturing credit, wind is almost, maybe someday soon, or maybe later (and only if you ignore transmission costs and fickleness of supply problems) on par with conventional power. What a deal. Perhaps not all of the costs of the wind farm will qualify for the manufacturing credit, but don’t despair. There is more. Many states and regions have renewable power mandates that force consumers to buy renewable electricity—regardless of costs. So there is almost no limit to how expensive renewable electricity can be and still generate a profit for the supplier. And even that’s not all. Many renewable energy projects and manufacturers receive federal loan guarantees that cut millions of dollars off their costs. In green-energy math, $50 may be greater than $100. No matter how slick the financial shell games may be—subsidies on top of subsidies on top of mandates—overpriced electricity cannot boost the economy. It may seem like a boost if you are the one getting the subsidy…at least for a while. The workers at the Iowa plant better hope their presidential green-energy photo op works out better for them than it did for Solyndra’s employees.
|
Kreutzer 12 (David, 5/25, Senior Policy Analyst in Energy Economics and Climate Change at The Heritage Foundation's Center for Data Analysis., “The New Math of Renewable Energy: $50 = $100”, (http://blog.heritage.org/2012/05/25/the-new-math-of-renewable-energy-50-100/)
|
When wind-energy advocates claim that wind power is on the verge of being competitive, they mean that after the PTC and the manufacturing credit, wind is almost, maybe someday soon, or maybe later (and only if you ignore transmission costs and fickleness of supply problems) on par with conventional power. So there is almost no limit to how expensive renewable electricity can be and still generate a profit for the supplier. And even that’s not all. Many renewable energy projects and manufacturers receive federal loan guarantees that cut millions of dollars off their costs. In green-energy math, $50 may be greater than $100. No matter how slick the financial shell games may be—subsidies on top of subsidies on top of mandates—overpriced electricity cannot boost the econom
|
Wind will never be cost competitive
| 1,485 | 35 | 779 | 252 | 6 | 126 | 0.02381 | 0.5 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,494 |
Bad news for wind farms: the earth may have far less wind capacity than previously thought, according to a new study from professors at Harvard University and the University of North Carolina. Up to this point, most limits to wind power have centered on our inability to efficiently harness it, permit it, and site it. But new research suggests geophysical limits will also hamper the fledgling energy source.¶ The chief problem is “wind shadows.” These are created when the drag from wind turbine blades slows down the air moving past them. This problem has been understood for years. Wind farm planners take it into account when placing turbines, spacing them far enough apart so that one turbine’s blades don’t affect the wind “supply” of another’s.¶ But just as turbines slow down the air immediately behind them, whole wind farms create shadows that affect local and even regional weather patterns. Current estimates of global wind power capacity don’t take this effect into account. If they did, researchers say, they would be forced to trim their estimates of peak production levels from 2-4 watts per square meter down to a maximum of just one watt per square meter at large wind farms. In other words, our planet’s wind energy capacity has been overestimated by as much as two to four times.
|
Walter Russell Mead, 3/4/13, The American Interest, "A shadow falls on wind power," http://blogs.the-american-interest.com/wrm/2013/03/04/a-shadow-falls-over-wind-power/
|
Bad news for wind farms: the earth may have far less wind capacity than previously thought, according to a new study from Harvard But new research suggests geophysical limits will also hamper the fledgling energy source. The chief problem is “wind shadows our planet’s wind energy capacity has been overestimated by as much as two to four times
|
Wind capacity is severely limited by a lack of wind
| 1,300 | 51 | 344 | 219 | 10 | 58 | 0.045662 | 0.26484 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,495 |
Biologists who have just concluded analyzing years of detailed and painstaking observations of flora and fauna have released alarming findings concerning the likely future of biodiversity on our planet. The findings show a widespread decrease in pollinators such as birds, bees and flies, which means that plants in species-dense areas are not getting enough pollen to reproduce. The study’s team leaders, Jana Vamosi, Susan Mazer and Tiffany Knight, believe that if the current state of affairs continues in species-rich hotspots, plant extinctions are unavoidable. The researchers proffer a number of possible reasons for the current parlous state of biodiverse hotspots, but as yet they are still unsure as to whether this is a recent phenomenon or whether they are simply witnessing something that has been occurring for millions of years; a situation that reflects the lack of existing knowledge in this area. Vamosi, Mazer, Knight performed an exhaustive global analysis of more than 1,000 pollination studies that included 166 different plant species. Their study, appearing in the Proceedings of the National Academy of Sciences, found that plants suffer lower pollination and reproductive success in areas where there is considerable plant diversity. The analysis shows that ecosystems with the greatest number of species - including the jungles of South America and Southeast Asia and the rich shrub land of South Africa - have bigger deficits in pollination compared to the less-diverse ecosystems of North America, Europe and Australia. "This is truly a synthetic work," said Susan Mazer, a professor of biology at the University of California, Santa Barbara. "Our detection of global patterns required the simultaneous analysis of many studies conducted independently by plant ecologists all over the world." Mazer said their meta-study analyzed 482 field experiments on 241 flowering plant species conducted since 1981. The work took several years to complete and all continents except Antarctica are represented. "This analysis can tell us things about ecological processes at the global scale that individual studies are not designed to tell us," she said, noting that the synthesis could not have been done 25 years ago because few careful field studies of this type had yet been conducted. A typical field study compared plants that were naturally pollinated to those to which pollen was added by hand. If the plants that received human intervention showed increased fruit, then it was clear that the naturally pollinated flowers were not getting enough pollen to achieve maximum fruit production. "If pollinators are doing a good job, you wouldn't expect a treatment effect," Knight said. "But for some of our plants we saw a huge treatment effect. We saw that a lot of the plants are incredibly pollen-limited.” For some plant species, this reduction in fruit and seed production caused through lack of pollination could drive them towards extinction. The team found this pattern to be especially true for species that rely heavily on pollinators to assist with outcrossing (seeding a flower’s stamen with pollen sourced from another flower of the same species) for reproduction, because individuals of the same species tend to be separated by large distances when species diversity is high. This separation means that pollinators have to fly long distances to deliver pollen, and when they do arrive, they may deliver lots of unusable pollen from other plant species. Not being able to outcross means that extinctions are a real likelihood. While it is possible for plants to self-pollinate (selfing), this alone does not progress or strengthen the species, as, like any other living organism, a plant needs genetic variation in order for the species to survive as a whole. In short, selfing does not deliver the genetic variation that may increase the fitness of a plant’s progeny. The new study does not bode well for life globally, as many of the so-called biodiverse hotspots are home to many valuable organic compounds, used for medicines and other applications. "Biodiversity hotspots, such as tropical rainforests, are a global resource – they are home to many of the known plants used for medicine and may be a source for future cures, and they absorb huge amounts of carbon dioxide and generate volumes of clean oxygen. Our research suggests that plants in these areas are also very fragile. They already suffer from low pollen receipt, and future perturbations of the habitat may exacerbate the situation," said Knight. That’s a scenario that would not auger well for human progress, but Knight’s comment also implies another explanation for this drastic state of affairs. It seems that we humans like to shoot ourselves in the foot every so often, as many of the biodiverse hotspots also happen to be areas where habitat is being destroyed either directly or indirectly through human intervention. "Pollinators are on the decline globally because of habitat loss and destruction, pesticide use, invasive species, and extinction of vertebrates," said co-researcher Tia-Lynn Ashman. "The concern is that we are losing habitat really rapidly globally, especially in tropical areas, and losing pollinators there as well," added Knight.
|
Rockets 6 (Rusty, Head writer for Scienceagogo.com, January 20, http://www.scienceagogo.com/news/pollinators.shtml)
|
Biologists have released alarming findings concerning the likely future of biodiversity on our planet. The findings show a widespread decrease in pollinators such as birds, , which means that plants in species-dense areas are not getting enough pollen to reproduce if the current state of affairs continues in species-rich hotspots, plant extinctions are unavoidable For some plant species, this reduction in fruit and seed production caused through lack of pollination could drive them towards extinction. Not being able to outcross means that extinctions are a real likelihood . "Biodiversity hotspots are a global resource – they are home to many of the known plants used for medicine and may be a source for future cures, and they absorb huge amounts of carbon dioxide and generate volumes of clean oxygen future perturbations of the habitat may exacerbate the situation That’s a scenario that would not auger well for human progress,
|
Less birds means decrease pollination, causes biodiversity extinction
| 5,263 | 69 | 938 | 830 | 8 | 149 | 0.009639 | 0.179518 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,496 |
The wind industry keeps the publicly acknowledged death toll “acceptable” by having crews search the area around turbines that are not operating; search only within narrow areas near turbines, thus missing birds that were flung farther by the impact or limped off to die elsewhere; search for carcasses only every two to four weeks, allowing scavengers to carry most of them away; exclude disabled or wounded birds and bats from their count; and remove carcasses under “slice, shovel and shut up” guidelines.¶ These “deliberately flawed” methodologies are compounded by turbine site security that makes independent investigations almost impossible, adds American Bird Conservancy analyst Kelly Fuller. Amazingly, the Fish and Wildlife Service does not require that even the low-ball raw data be made public, and what little does get released is often further filtered, massaged and manipulated.
|
Paul Driessen, 8/6/12, Washington Times, "Wind energy tax credits fund bird murder," http://www.washingtontimes.com/news/2012/aug/6/wind-energy-tax-credits-fund-bird-murder/
|
The wind industry keeps the publicly acknowledged death toll “acceptable by having crews search the area around turbines that are not operating search only within narrow areas near turbines thus missing birds that were flung farther by the impact or limped off to die elsewhere search for carcasses only every two to four weeks allowing scavengers to carry most of them away exclude disabled birds and bats from their count and remove carcasses under “slice, shovel and shut up” guidelines These “deliberately flawed” methodologies are compounded by turbine site security that makes independent investigations almost impossible
|
Bird deaths are underreported – magnifying the link
| 894 | 51 | 627 | 136 | 8 | 96 | 0.058824 | 0.705882 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,497 |
Already, in the last three years, China has shut down more than a thousand older coal-fired power plants that used technology of the sort still common in the United States. China has also surpassed the rest of the world as the biggest investor in wind turbines and other clean energy technology. And it has dictated tough new energy standards for lighting and gas mileage for cars. But even as Beijing imposes the world’s most rigorous national energy campaign, the effort is being overwhelmed by the billionfold demands of Chinese consumers. Chinese and Western energy experts worry that China’s energy challenge could become the world’s problem — possibly dooming any international efforts to place meaningful limits on global warming. If China cannot meet its own energy-efficiency targets, the chances of avoiding widespread environmental damage from rising temperatures “are very close to zero,” said Fatih Birol, the chief economist of the International Energy Agency in Paris. Aspiring to a more Western standard of living, in many cases with the government’s encouragement, China’s population, 1.3 billion strong, is clamoring for more and bigger cars, for electricity-dependent home appliances and for more creature comforts like air-conditioned shopping malls. As a result, China is actually becoming even less energy efficient. And because most of its energy is still produced by burning fossil fuels, China’s emission of carbon dioxide — a so-called greenhouse gas — is growing worse. This past winter and spring showed the largest six-month increase in tonnage ever by a single country.
|
Keith Bradsher, 7/4/10, New York Times, "China Fears Consumer Impact on Global Warming ," http://www.nytimes.com/2010/07/05/business/global/05warm.html
|
China has surpassed the world as the biggest investor in clean tech But even as Beijing imposes the world’s most rigorous national energy campaign, the effort is being overwhelmed by the billionfold demands of Chinese consumers If China cannot meet its own energy-efficiency targets the chances of avoiding widespread environmental damage from rising temperatures are very close to zero, said the I E A China’s population is clamoring for more China is becoming less energy efficient most of its energy is still produced by burning fossil fuels China’s emission of carbon dioxide is growing worse.
|
Rising affluence in China makes solving warming impossible
| 1,599 | 58 | 597 | 249 | 8 | 95 | 0.032129 | 0.381526 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,498 |
Climate change is essentially irreversible, according to a sobering new scientific study. As carbon dioxide emissions continue to rise, the world will experience more and more long-term environmental disruption. The damage will persist even when, and if, emissions are brought under control, says study author Susan Solomon, who is among the world's top climate scientists. "We're used to thinking about pollution problems as things that we can fix," Solomon says. "Smog, we just cut back and everything will be better later. Or haze, you know, it'll go away pretty quickly." That's the case for some of the gases that contribute to climate change, such as methane and nitrous oxide. But as Solomon and colleagues suggest in a new study published in the Proceedings of the National Academy of Sciences, it is not true for the most abundant greenhouse gas: carbon dioxide. Turning off the carbon dioxide emissions won't stop global warming. "People have imagined that if we stopped emitting carbon dioxide that the climate would go back to normal in 100 years or 200 years. What we're showing here is that's not right. It's essentially an irreversible change that will last for more than a thousand years," Solomon says. This is because the oceans are currently soaking up a lot of the planet's excess heat — and a lot of the carbon dioxide put into the air. The carbon dioxide and heat will eventually start coming out of the ocean. And that will take place for many hundreds of years.
|
Richard Harris, 1/26/09, NPR, "global warming is irreversible, study says," http://www.npr.org/templates/story/story.php?storyId=99888903
|
Climate change is essentially irreversible The damage will persist even if, emissions are brought under control says Susan Solomon, who is among the world's top climate scientists as Solomon and colleagues suggest in a new study Turning off the carbon dioxide emissions won't stop global warming. It's an irreversible change that will last for more than a thousand years This is because the oceans are soaking up carbon dioxide The carbon dioxide and heat will eventually start coming out of the ocean. And that will take place for many hundreds of years
|
Warming can’t be stopped.
| 1,485 | 25 | 554 | 250 | 4 | 92 | 0.016 | 0.368 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
3,499 |
Highly accurate temperature measurements, however, have been taken from space using microwave sounding units (MSUs) aboard satellites since 1979. The data series graphed on the opposite page shows the difference between recorded temperature and the 1979 mean values. In October 2001, the average global temperature departure was 0. 1450C, with a Northern Hemisphere temperature departure of 0. 1460C and a Southern Hemisphere departure of 0. 1430C, yielding an average increase of only 0.060C per decade.. The satellite data are highly correlated with balloon temperature data taken from radiosonde instruments, strengthening the confidence in the accuracy of the satellite data. MSUs measure the temperature of the lower troposphere, the atmospheric layer from the surface to 20,000 feet. This layer of the atmosphere is important for climatic research because, according to global circulation models, global warming would be much more pronounced in the lower troposphere than on the surface. The failure of the satellite data to verify rapid global warming predictions provides a strong argument against fears that man-made global warming will result in a climate catastrophe.
|
Thomas Pearson, research analyst at CEI, 2002, in Global Warming and Other Eco-myths edited by Ronald Bailey, pg. 322
|
Highly accurate measurements taken from space using MSUs show an increase of only 0.060C per decade.. data are correlated with balloon data strengthening confidence in accuracy MSUs measure the lower troposphere This layer is important because warming would be more pronounced in the lower troposphere The failure of satellite data to verify rapid warming predictions provides strong argument against fears warming will result in catastrophe
|
Satellite data proves no catastrophic warming – means it won’t cause extinction
| 1,188 | 79 | 448 | 175 | 12 | 65 | 0.068571 | 0.371429 |
Mexico Renewables Negative - JDI 2013.html5
|
Kansas (JDI)
|
Case Negatives
|
2013
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.