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Summary

Details

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1 +====Climate change is coming now and is bearing a hugely disproportionate impact on those already at the greatest socioeconomic disadvantage, causing widespread physical displacement and death and culminate in extinction of all species====
2 +**Byravan and Rajan '10 **Sujatha Byravan and Sudhir Chella Rajan, "The Ethical Implications of Sea-Level Rise Due to Climate Change," Ethics & International Affairs 24, No. 3, 9/20/2010, only accessible on some exclusive database
3 +As scientific evidence for the adverse effects of human-induced climate change grows stronger
4 +AND
5 +is not always equivalent to an argument for making reparations for past injury.
6 +
7 +
8 +====The United States Federal Judiciary should restrict the President of the United States legal authority to exit from congressional-executive agreements and Article II treaties by holding that the Constitution grants Congress the power to determine the method for termination of obligations under the Take Care Clause.====
9 +
10 +
11 +====The plan is legally precise, the Take Care clause can protect treaties from Presidential withdrawal====
12 +Manning & Goldsmith'16 (John F. Manning, the Morgan and Helen Chu Dean and Professor of Law at Harvard Law School, Jack Landman Goldsmith, Henry L. Shattuck Professor of Law @ Harvard Law School, "The Protean Take Care Clause," 164 U. Pa. L. Rev. 837 (2016). Available at SSRN: https://ssrn.com/abstract=2852106 or http://dx.doi.org/10.2139/ssrn.2852106, October 2016) MMW
13 +D. Legislative Supremacy and the Antidispensation Principle The Supreme Court has also invoked the
14 +AND
15 +the Take Care Clause to limit the President's authority to act contra legem.
16 +
17 +
18 +====The Courts ruling which denies the President the ability to unsign treaties overturns Goldwater v. Carter precedent on deference to the executive branch under the political question doctrine ====
19 +**McLaurin '7** (Luke A. McLaurin, Washington University School of Law, Law Clerk @ United States Court of Appeals for the Sixth Circuit, "Can the President "Unsign" a Treaty? A Constitutional Inquiry", https://openscholarship.wustl.edu/cgi/viewcontent.cgi?article=1227&context=law_lawreview, January 2006)
20 +In May 2002, President Bush sparked controversy in the international community with his purported
21 +AND
22 +of events and contemporary imponderables rather than on abstract theories of law."273
23 +
24 +
25 +====Clarifying PQD allows courts to address climate litigation ====
26 +**Peppers '18 **(Samantha Peppers, Executive Editor of Georgetown Environmental Law Review, "Is Climate Litigation Too Political for Courts?", https://gelr.org/2018/03/31/is-climate-litigation-too-political-for-courts/, March 31, 2018) MMW
27 +The political question is a doctrine that codifies the constitutional principle of separation of powers
28 +AND
29 +climate change public nuisance claims that are otherwise proper under federal common law.
30 +
31 +
32 +====Climate litigation is necessary to prevent catastrophic climate change –threat alone of litigation spurs fossil fuel corporations to shift====
33 +**Carrington '18** (Damian Carrington, Guardian's Environment editor, "Can climate litigation save the world?", https://www.theguardian.com/environment/2018/mar/20/can-climate-litigation-save-the-world, March 20, 2018) MMW
34 +Global moves to tackle climate change through lawsuits are poised to break new ground this
35 +AND
36 +Board of Education case that ordered the end of racial segregation of schools.
37 +
38 +
39 +====Err Aff, even a small number of lawsuits would have a massive global effect ====
40 +Ganguly et al 18 (Geetanjali Ganguly, a Law PhD candidate at the London School of Economics and Political Science. Joana Setzer, research officer at the London School of Economic and Political Science, PhD in Environment and Development, former external affairs coordinator of the Network of Regional Governments for Sustainable Development, Veerle Heyvaert, Senior Lecturer in Law in the Department of Law at the London School of Economics and Political Science, Editor-in-Chief of the journal Transnational Environmental Law. "If at First You Don't Succeed: Suing Corporations for Climate Change", Oxford Journal of Legal Studies, Volume 38, Issue 4, 1 December 2018, Pages 841–868, https://doi.org/10.1093/ojls/gqy029) MMW
41 +2. Strategic Private Climate Litigation Climate litigation is a broad and still maturing term
42 +AND
43 +Majors may be more effective than either public litigation or alternative governance strategies.
44 +
45 +
46 +====Independently of FIAT- our rhetoric is an effective way of garnering attention - repeated messages in the public sphere are necessary====
47 +Romm '12 (Joe Romm is a Fellow at American Progress and is the editor of Climate Progress, which New York Times columnist Tom Friedman called "the indispensable blog" and Time magazine named one of the 25 "Best Blogs of 2010.″ In 2009, Rolling Stone put Romm ~~#88 on its list of 100 "people who are reinventing America." Time named him a "Hero of the Environment″ and "The Web's most influential climate-change blogger." Romm was acting assistant secretary of energy for energy efficiency and renewable energy in 1997, where he oversaw $1 billion in R&D, demonstration, and deployment of low-carbon technology. He is a Senior Fellow at American Progress and holds a Ph.D. in physics from MIT., 2/26/2012, "Apocalypse Not: The Oscars, The Media And The Myth of 'Constant Repetition of Doomsday Messages' on Climate", http://thinkprogress.org/romm/2012/02/26/432546/apocalypse-not-oscars-media-myth-of-repetition-of-doomsday-messages-on-climate/~~#more-432546)
48 +The two greatest myths about global warming communications are 1) constant repetition of doomsday
49 +AND
50 +by most of the rest of the media, intelligentsia and popular culture.
51 +
52 +
53 +====Only our political method solves - engaging legal forums is essential to any effective adaptation strategy ====
54 +Fournier'17 (Louise Fournier, JD at University of Edinburgh Law School, "The Cost of Inaction: The Role of Courts in Climate Change Litigation", pages 35-36 Thesis submitted for LL.M. Global Environment and Climate Change Law, Accessed via ResearchGate, link https://www.researchgate.net/profile/Louise_Fournier3/publication/320045038_The_Cost_of_Inaction_The_Role_of_Courts_in_Climate_Change_Litigation/links/59cabfafaca272bb05079697/The-Cost-of-Inaction-The-Role-of-Courts-in-Climate-Change-Litigation.pdf?origin=publication_detail, August 26, 2017) MMW
55 +2. Litigation as an adaptation and mitigation tool The second positive aspect of climate
56 +AND
57 +of governments and can become a form of resistance to bad policies.174
58 +
59 +
60 +====Individualizing solutions fails to solve climate change and reinforce neoliberal logic, legal actions are necessary to prevent catastrophic global warming ====
61 +Lukacs'17 (Martin Lukacs, journalist @ The Guardian, "Neoliberalism has conned us into fighting climate change as individuals", https://www.theguardian.com/environment/true-north/2017/jul/17/neoliberalism-has-conned-us-into-fighting-climate-change-as-individuals, July 17, 2017) MMW
62 +Would you advise someone to flap towels in a burning house? To bring a
63 +AND
64 +how personally green we live – and start collectively taking on corporate power.
65 +
66 +
67 +====Fear of warming is needed now and any individual alt causes neoliberal-corporate fill-in- organization at every level key====
68 +**Wallace-Wells '19** (David Wallace-Wells, Mr. Wallace-Wells is the author of the forthcoming "The Uninhabitable Earth: Life After Warming.", "Time to Panic", https://www.nytimes.com/2019/02/16/opinion/sunday/fear-panic-climate-change-warming.html, February 16, 2019)
69 +The planet is getting warmer in catastrophic ways. And fear may be the only
70 +AND
71 +argument for catastrophic thinking: What creates more sense of urgency than fear?
72 +
73 +
74 +====Any anti-statist alternative is immediately filled by free-market corporatism –that makes violence against vulnerable bodies inevitable ====
75 +Giroux & Bhattacharya'17 (Henry A. Giroux, University Professor for Scholarship in the Public Interest and Paulo Freire Distinguished Scholar in Critical Pedagogy at McMaster University, author of numerous books, including "America at War With Itself," "Dangerous Thinking in the Age of the New Authoritarianism" and "American Nightmare: Facing the Challenge of Fascism."Debaditya Bhattacharya, Assistant Professor, Department of English, Bhagini Nivedita College, University of Calcutta, "Anti-politics and the scourge of authoritarianism", Social Identities, 23:5, 503-517, 2017) MMW
76 +In the increasingly violent landscape of anti-politics, mediation disappears, dissent is
77 +AND
78 +rendering even more widespread feelings of loneliness, powerlessness, and existential dread.
79 +
80 +
81 +====Any purely-academic methodology gets co-opted by the University and trades off with public pedagogy- systemic changes key====
82 +**Webb, 18**—Senior Lecturer in Education at the University of Sheffield (Darren, "Bolt-holes and breathing spaces in the system: On forms of academic resistance (or, can the university be a site of utopian possibility?)," Review of Education, Pedagogy, and Cultural Studies, 40:2, 96-118, dml)
83 +The University can be the site for fleeting, transitory, small-scale experiences
84 +AND
85 +, guide, and mobilize long-term collective action for systemic change.
86 +
87 +
88 +====Evaluation of outcomes is critical to any strategy of resistance ====
89 +Bracey 6 (Christopher A. Bracey, Associate Professor of Law and Associate Professor of African & African American Studies at Washington University in St. Louis, B.S. from the University of North Carolina, J.D. from Harvard Law School, 2006. "The Cul De Sac of Race Preference Discourse," Southern California Law Review, September, 2006, Available Online to Subscribing Institutions via Lexis-Nexis)
90 +Second, reducing conversation on race matters to an ideological contest allows opponents to elide
91 +AND
92 +ideological exchange, which further exacerbates hostilities and deepens the cycle of resentment.
93 +
94 +
95 +====Only political demands rooted in legal analysis are necessary and sufficient to respond other forms of structural violence- this impact turns sequencing because we advocate for demands "subordinate to associative democracy" rather than apriori self-expression therapeutic strategies which only lead to withdrawal or narcissism – this is the link to the corporatism DA on case ====
96 +**Carrabregu '13** (Gent Carrabregu, MA, PhD candidate in political science at Northwestern, "The Democratic Limits of the Ethical Turn-Myers's Worldly Ethics," Theory & Event Volume 16, Issue 3, 2013)
97 +In the hands of William Connolly's agonistic pluralism, the Foucauldian ethics of self-
98 +AND
99 +, and laws, out of which hunger is born" (109).
100 +
101 +
102 +====Contingent political demand are necessary to create effective coalitions- making specific legal demands enables coalition-building which is best to challenge hegemony ====
103 +**Mouffe '9** (Chantal Mouffe is Professor of Political Theory at the Centre for the Study of Democracy, University of Westminster, "The Importance of Engaging the State", What is Radical Politics Today?, Edited by Jonathan Pugh, pp. 233-7, 2009)
104 +In both Hardt and Negri, and Virno, there is therefore emphasis upon '
105 +AND
106 +my view, is how we should conceive the nature of radical politics.
EntryDate
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1 +2019-03-09 18:34:04.246
Judge
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1 +Erik Mathis
Opponent
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1 +Liberty MS
ParentRound
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1 +1
Round
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1 +4
Team
... ... @@ -1,0 +1,1 @@
1 +Samford Emerson-Gregory Aff
Title
... ... @@ -1,0 +1,1 @@
1 +1AC - Treaties - ADA R4
Tournament
... ... @@ -1,0 +1,1 @@
1 +ADA

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