t Resolved: A just government ought to pay reparations to indigenous populations for historical oppression. Resolved: In a democracy, the public’s right to know ought to be valued above the right to privacy of candidates for public office. Resolved: In the United States criminal justice system, pre-trial detention for non-violent crimes is unjust. Resolved: States ought to eliminate their nuclear arsenals. Resolved: The European Union ought to use economic pressure to combat the spread of illiberal democracy among its members. Resolved: The illegal use of drugs ought to be treated as a matter of public health, not of criminal justice. Resolved: The United States ought not provide military aid to authoritarian regimes. Resolved: The United States ought to adopt carbon pricing . Resolved: The United States ought to ban the use of eminent domain for economic development takings. Resolved: Violent revolution is a just response to political oppression.
Our core L-D plea bargaining files is now available. The core file includes harms evidence for multiple advantages, a Terrorism DA, a Court Clog DA, and multiple reforms counterplans. Additionally, our LD subscribers have access to our full terrorism files, a Race K of law reform, Critical Legal Studies (CLS) backfiles, and Afropessimism backfiles. Our essay will be coming soon, but for now, note that it will be difficult to defend a ban and that there are many interesting arguments that make up this debate.
Affirmative Mental Competency Law And Plea Bargaining: A Neurophenomenological Critique (2016). Discussion of neoliberalism in a paper on plea-bargaining may seem superfluous, perhaps even indulgent. However, it is our contention that the hegemonic influence of neoliberal values, especially and most importantly the law’s construction of the category homo economicus – the reasonable, rational, self-interested individual – is what has permitted the Supreme Court and members of Congress to perpetrate the myth that equitable contract is a constitutionally permissible way to rationalize the accused’s abdication of Fifth and Sixth Amendment rights in plea contexts. This final section of our article seeks to locate subjects within life-worlds that are constituted by an individualizing narrative premised on neoliberal values….Homo economicus – economic man – of classical economic theory is said to possess the following characteristics: “(1) maximizing (optimizing) behavior; (2) the cognitive ability to exercise rational choice; and (3) individualistic behavior and independent tastes and preferences.” n499 A less charitable description of homo economicus might frame him as being “cold and calculating, worries only about himself, and pursues whatever course brings him the greatest material advantage.” n500 “Homo economicus is a single-minded, wealth-maximizing automaton, who does not take into account “morality, ethics, or other people.’” n501 Important for our purposes, the adoption of the ideological rationalization of human beings as homo economicus leads to confronting juridical problems through application of cost-benefit analysis, where solutions are framed as incentives and disincentives. n502 The framing of homme juridique as homo economicus provides the jurisprudential legitimization for plea-bargaining. Robert Schehr, The Emperor’s New Clothes: Intellectual Dishonesty and the Unconstitutionality of Plea-Bargaining, 2 Tex. A&M L. Rev. 385, 386-87 (2015). Oren Gazal-Ayal, Partial Ban on Plea Bargains, 27 Cardozo L. Rev. 2295, 2299-300 (2006) (suggesting a ban on plea bargaining in weak cases by prohibiting plea bargains that offer excessive concessions to defendants). Peter A. Joy & Rodney J. Uphoff, Systemic Barriers to Effective Assistance of Counsel in Plea Bargaining, 99 Iowa L. Rev. 2103 (2014). Tina Wan, Note, The Unnecessary Evil of Plea Bargaining: An Unconstitutional Conditions Problem and a Not-So-Least Restrictive Alternative, 17 S. Cal. Rev. L. & Soc. Just. 33 (2007). S Julian A. Cook, III, All Aboard! The Supreme Court, Guilty Pleas, and the Railroading of Criminal Defendants, 75 U. Colo. L. Rev. 863, 908 (2004). Russell D. Covey, Fixed Justice: Reforming Plea Bargaining with Plea-Based Ceilings, 82 Tul. L. Rev. 1237, 1239 (2008). Richard Klein, Due Process Denied: Judicial Coercion in the Plea Bargaining Process, 32 Hofstra L. Rev. 1349, 1399-1400, 1401 (2004) (stating how when a defendant says they are voluntarily entering a plea, an answer of “no” is not often a proper reflection of the circumstances; a record of the court proceedings must also reflect that the defendant is voluntarily entering the plea in order for the guilty plea to be deemed constitutional). Stephen J. Schulhofer, Plea Bargaining as Disaster, 101 Yale L.J. 1979, 1980, 1981 (1992). Coercive Plea Bargaining. The unrecognized scourge of the criminal justice system. Catholic University
We have a number of new resources available for the November-December LD topic. A post on arguments run at Blue Key. Blue key used the November-December LD topic. You can find a quick overview of arguments here. An updated annotated bibliography. Work on your own research by consulting this bibliography. An updated topic essay. Read it here. The majority of the new updates are in A- Development Assistance File Number Two — Foreign Aid focus. We also have many arguments that can be used to debate specific cases available in other files. More than 22 new files! Need help preparing? Join our LD online coaching sessions.
Affirmative cases Aid supports state agency and self-interest https://hsld.debatecoaches.org/American+Heritage+Plantation/Gillespie+Aff Aid supports freedom/Kant https://hsld.debatecoaches.org/American+Heritage+Plantation/Gillespie+Aff Education/Women’s Education https://hsld.debatecoaches.org/Lake+Highland/Wu+Aff Geoengineering Cyber Security – https://hsld.debatecoaches.org/Lake+Highland/Wu+Aff Thus the plan: Wealthy nations will provide cyber security capacity building development assistance to other nations, Muller 15’ Lilly Pijnenburg Muller is a Junior Research Fellow in the security and defence group at the Norwegian Institute of International Affairs. Her research focus is on cybersecurity and cyber capacity building, global governance and public private relationships. She holds a MA in politics from the University of Glasgow. Muller, Lilly Pijnenburg. “Cyber Security Capacity Building in Developing Countries.” (2015)., https://brage.bibsys.no/xmlui/bitstream/id/331398/NUPI+Report+03-15-Muller.pdf Aid reduces dependence, solves harms of colonialism https://hsld.debatecoaches.org/Cary+Academy/Aarons+Aff US-China electrification Coop Thus the plan text – Resolved: the United States federal government should diplomatically and economically engage with the People’s Republic of China in substantially increasing electrification projects in Sub-Saharan Africa. Electrification, coop on Korea advantages, poverty/aids advantages Precedent/binding obligation aff https://hsld.debatecoaches.org/Enloe/Gedela+Aff Cooperate with China to develop Afghanistan infrastructure https://hsld.debatecoaches.org/Enloe/Gedela+Aff Public health/housing https://hsld.debatecoaches.org/Lake+Highland/Shah+Aff Resolved: Wealthy nations ought to provide development assistance to other nations via subsidizing renewable energy. Neg Dedev https://hsld.debatecoaches.org/Pennsbury/Zou+Neg Cap K https://hsld.debatecoaches.org/Sarasota/Karcher+Neg Coercion https://hsld.debatecoaches.org/King/Kang+Neg, https://hsld.debatecoaches.org/American+Heritage+Boca+Delray/Datti+Neg, Development PIC https://hsld.debatecoaches.org/Enloe/Gedela+Neg Dependency Bad https://hsld.debatecoaches.org/American+Heritage+Boca+Delray/Datti+Neg Whole res – must defend all nations give development assistance — https://hsld.debatecoaches.org/American+Heritage+Boca+Delray/Datti+Neg South should give development assistance counerplan — https://hsld.debatecoaches.org/American+Heritage+Boca+Delray/Datti+Neg Devbt Cancellation counterplan — https://hsld.debatecoaches.org/American+Heritage+Boca+Delray/Mohan+Neg Nationalized cyber security is bad https://hsld.debatecoaches.org/American+Heritage+Boca+Delray/Datti+Neg Death Good https://hsld.debatecoaches.org/Oak+Hall/Zaidi+Neg Black Nihilism https://hsld.debatecoaches.org/Oak+Hall/Zaidi+Neg Hunger Games https://hsld.debatecoaches.org/Oak+Hall/Zaidi+Neg ASPEC https://hsld.debatecoaches.org/Oak+Hall/Zaidi+Neg