Tournament: Stanford | Round: 1 | Opponent: na | Judge: na
SECTION I IS FRAMEWORK

A. Reflective equilibrium is the only practical way to justify moral theories. Daniels 2011  describes the model.

Daniels, Norman Prof. of Population Ethics, Harvard University, "Reflective Equilibrium", The Stanford Encyclopedia of Philosophy (Spring 2011 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/spr2011/entries/reflective-equilibrium/

The method of reflective ... they are still defeasible (McMahan 2000).

Moral judgments are better justified insofar as they are consistent with the rest of our beliefs on due reflection and after appropriate revisions.

Prefer this method of justification to reasoning from first principles. Rawls ’71 :

John Rawls American Philosopher, formerly Prof. at Harvard University, A Theory of Justice: Revised Edition, Cambridge: The Belknap Press of Harvard University Press (1971). P. 506

Philosophers commonly try ... to be justified.

B. The capabilities approach is most consistent with the pluralistic nature of our moral sensibilities. Nussbaum 2004  describes the Capabilities Approach to justice:

Martha C. Nussbaum Prof. of Law and Ethics, University of Chicago, “Beyond ‘Compassion and Humanity’: Justice For Non-Human Animals” Animal Rights: Current Debates and New Directions. Eds. Cass R. Sunstein and Martha C. Nussbaum. New York: Oxford University Press, 2004. 299-320. Print.

The capabilities approach ... obstacles to it.

The Capabilities Approach is most consistent with reflective equilibrium because it acknowledges multi-faceted nature of moral practice. Robeyns 2011 :

Robeyns, Ingrid Prof. of Practical Philosophy, Erasmus University Rotterdam, "The Capability Approach", The Stanford Encyclopedia of Philosophy (Summer 2011 Edition), Edward N. Zalta (ed.), URL = http://plato.stanford.edu/archives/sum2011/entries/capability-approach/.

According to the ... basic moral duties?

SECTION II IS HARMS AND ADVOCACY

A. Commercial resource extraction is a major driver of deforestation, which prevents developing economies from diversifying exports. Barbier 2013 :

Edward Barbier Prof of Economics, U. of Wyoming, “Environmental Sustainability and Poverty Eradication in Developing Countries,” Getting Development Right: Structural Transformation, Inclusion, and Sustainability in the Post-Crisis Era. Ed. Eva Paus. New York: Palgrave Macmillan (2013), pp. 173-194. AT

Second, marginal land ... unable to diversify. 

B. A large part of the tropical forest will be lost by the end of the 21st century. Davin and Noblet-Ducoudre  2010:

Edouard L. Davin and Nathalie de Noblet-Ducoudre Laboratory of Climate Sciences and the Environment, Institute Pierre-Simon Laplace  (UMR CEA-CNRS-the University of Versailles Saint-Quentin-en-Yvelines), Gif-sur Yvette, France, “Climatic Impact of Global-Scale Deforestation: Radiative versus Nonradiative Processes,” Journal of Climate, American Meteorological Society (January 1st, 2010). pp. 97-98

Already 15–30 of ... mitigate climate change. 

Thus the PLAN:  Developing countries will expand Protected Areas like parks and reserves for tropical forests.

Soares-Filho 2009  defines Protected Areas and demonstrates their effectiveness in Brazil:

Britaldo Soares-Filho Associate Prof. of Agricultural Engineering, Federal University of Meteorology and Agriculture Brazil, et al. “Role of Brazilian Amazon protected areas in climate change mitigation,” PNAS, Vol. 27, No. 104. (July 15, 2010). pp. 10821–10826.

We broadly define ... mitigate climate change. 

While there are variations between different sites, meta-analysis shows that overall Protected Areas reduce deforestation. Nagendra 2008 :

Harini Nagendra Society in Science Branco Weiss Fellow and the Asia Research Coordinator at the Center for the Study of Institutions, Population, and Environmental Change (Cl PEC), Indiana University, “Parks Work? Impact of Protected Areas on Land Cover Clearing,” Ambio, Vol. 37, No. 5 (Jul., 2008), pp. 330-337.

Table 4 summarizes ... land-cover clearing within their boundaries. 

SECTION III IS ADVANTAGES

Contention :  The need for protection of biodiversity makes reducing deforestation necessary. Creating parks and reserves is the best way to solve. Naughton-Treves et al 2005:

Naughton-Treves et al. “The Role of Protected Areas in Conserving Biodiversity and Sustaining Local Livelihoods.” Annual Reviews. 2005. Department of Geography, Gaylord Nelson Institute for Environmental Studies, University of Wisconsin

Undoubtedly, the best ... issues come to the fore.

IMPACT: Forests preserve important ecological services. Sunderlin et al. 2005 :

William D. Sunderlin Center for International Forestry Research, Bogor, Indonesia, et al. “Livelihoods, Forests, and Conservation in Developing Countries: An Overview,” World Development Vol. 33, No. 9, pp. 1383–1402, (2005)

That poverty should ... of medicines and pharmaceuticals (Myers, 1997, p. 271). 

Contention 2: Protected areas preserve important resources for the rural poor. Naughton-Treves 2005 :

Naughton-Treves et al. “The Role of Protected Areas in Conserving Biodiversity and Sustaining Local Livelihoods.” Annual Reviews. 2005. Department of Geography, Gaylord Nelson Institute for Environmental Studies, University of Wisconsin

Even conservation actions ... supporting restoration activities (99).

Barbier 2010  continues:

Edward Barbier Prof of Economics, U. of Wyoming, “A Global Green New Deal: Rethinking the Economic Recovery. New York: Cambridge University Press (201), pp. 1-168. AT

As noted in part I ... less than US$1 a day.5

Extreme poverty is a state of both unsatisfied basic needs and a lack of human dignity. Singer 4 :

Peter Singer Professor of Bioethics, Princeton University, The Life You Can Save, New York: Random House (2009), p. 5-6.

A few years ... beyond bare survival. 3

Such poverty is widespread and often fatal. Singer 3 :

Peter Singer Professor of Bioethics, Princeton University, The Life You Can Save, New York: Random House (2009), p. 8-9.

In wealthy societies ... children and adults. 7

Tournament: Stanford | Round: 1 | Opponent: NA | Judge: NA
I negate and value morality. The standard is maximizing expected welfare.

First, maximizing preference satisfaction is the only way to affirm equal and unconditional human dignity. Cummiskey  ‘90:

We must not…. to save many.

  Kantian Consequentialism. David Cummiskey. Associate Philosophy Professor at Bates College. Ethics, Vol. 100, No. 3. 1990. http://www.jstor.org/stable/2381810.

CONTENTION 1: Environmental regulations undermine economic growth in the countries that most desperately need it.

Developing economies are largely based on resource exploitation. Barbier 2010 :

Most developing countries…3.2 billion individuals.

  Edward Barbier Prof of Economics, U. of Wyoming, “A Global Green New Deal: Rethinking the Economic Recovery. New York: Cambridge University Press (201), pp. 1-168. AT

Environmental regulations undermine the economic wellbeing of these nations significantly.

First, government regulations are often implemented inefficiently. Guasch and Hahn 1999 :

Correcting market failures.. a heavy price tag. 

  J. Luis Guasch lead economist for the Latin America and the Caribbean Regional Office and for the Development Economics Group at the World Bank and is professor of economics at the University of California, San Diego and Robert W. Hahn Robert W. Hahn is director of the American Enterprise Institute (AEI)-Brookings Joint Center for Regulatory Studies, a resident scholar at AEI, and a research associate at the Kennedy School of Government, Harvard University, “The Costs and Benefits of Regulation: Implications for Developing Countries,” The World Bank Research Observer, vol. 14, no. 1 (February 1999)

Second, the process of ensuring compliance with regulations alone is a huge drag on efficiency. Evidence from the developed world proves this. Guasch and Hahn 2 :

Hopkins (1992) argues t… percent in France, Germany, and Japan (OECD 1997a). 

Third, pollution controls create a significant drag on the economy. The process of ensuring compliance with regulations alone is a huge drag on efficiency. Evidence from the developed world proves this. Guasch and Hahn 3 :

Many studies have… in different countries.

Fourth, increasing the stridency of environmental regulation by only 10 can result in the average foreign firm hiring significantly fewer people. List and Co 1999 :

Our coefficient estimates… total job loss figure.14

  John A. List Department of Economics, U. of Central Florida and Catherine Y. Co Department of Economics, U. of Nebraska Omaha, “The Effects of Environmental Regulations on Foreign Direct Investment,” Journal of Environmental Economics and Management, vol. 40, 1-20 (2000)

IMPACT: Extreme poverty is a state of both unsatisfied basic needs and a lack of human dignity. Singer 4 :

A few years ago,… beyond bare survival. 3

Such poverty is widespread and often fatal. Singer 3 :

In wealthy societies… children and adults. 7

  Peter Singer Professor of Bioethics, Princeton University, The Life You Can Save, New York: Random House (2009), p. 8-9.

Tournament: Alta | Round: 1 | Opponent: unknown | Judge: unknown
I affirm. The Value is Maintaining a Well-Ordered Society. American society is characterized by a diversity of fundamental worldviews. A well-ordered society is effectively regulated by a public conception of justice acceptable to all on the basis of publicly accessible reasons. Rawls 1971 :

At the beginning (§1)… not at all.

The only way to determine principles of justice to which all can consent is to remove people from their subjective social position and instead decide the principles of justice from the Original Position. Rawls :

I shall consider… with these restrictions.

The CRITERION is Protecting a System of Equal Basic Liberties. These are foundational liberties like freedom of conscience, political participation, and bodily integrity. A well-ordered society would make equal basic liberties the first priority for three reasons.

A. Respect for basic liberties reflects equal respect for the moral personhood of fellow citizens in a well-ordered society. Rawls 1971 :

Let us begin by… the basic liberties.

B. Respect for basic liberty is the means by which society protects the individual’s need for self-respect. Rawls 1971 :

Of course, it..  be firmly maintained.

c. Behind the veil of ignorance, parties would choose criminal justice norms which maximize their security and personal integrity. Dolovich 2004 :

Yet where the… and economic benefits.143

PART I IS THE ADVOCACY

A. Only two states allow disclosure of client confidences to avoid wrongful conviction. The remaining jurisdictions should expand their interpretation of the substantial bodily harm exception to allow lawyers to disclose client confidences when doing so is necessary to prevent the conviction of a third-party. Hasbani 2010 :

Perhaps one of… incarceration of another."76 

B. The wrongful conviction exception is accompanied by a use immunity that prevents the disclosed information from being used against the lawyer’s client in a criminal prosecution. Hasbani 2 :

In order to… use immunity's protection.  

PART III IS SOLVENCY: Allowing disclosure of client confidences to avoid wrongful conviction of third-parties is essential to avoiding unjust punishment.

A. A wrongful conviction exception for attorney-client privilege reflects society’s view that freedom of the innocent is the top priority and that nobody should be subjected to arbitrary physical violence. Hasbani 3 :

Legislatures should adopt… freedom of the innocent.

B. The rule exception would attract public attention or lead the prosecution to reexamine cases, thus preventing wrongful convictions before prosecutions are even initiated. Joy and McMunigal ‘08 

In response to the… reexamine a case.

C. Failure to remedy wrongful convictions, which are becoming more prominent, can undermine public confidence in the criminal justice system and in lawyers, thus harming the rule of law. Joy and McMunigal ‘08 

Perhaps the most… criminal justice system.

D. Wrongful conviction is rampant in the Criminal Justice System. The time to act is now. Zalman 2012 :
The ultimate question is… professionalism in the justice system.

PART IV IS IMPACTS

Impact 1: Rule of Law

A. Rule of law is essential to maintaining the most extensive possible system of equal liberty. Rawls 1971 :

Now the connection… rule of law maintained.

() The rule of law requires that similar cases be treated similarly. This principle is violated by wrongful convictions because people the guilty occasionally go free and the innocent suffer punishment. Rawls 1971 :

The rule of… announced verdict suffices.

Impact 2: Minimizing wrongful conviction protects the citizens against arbitrary disadvantages in the criminal justice system.

Behind the veil of ignorance people have to consider the prospect that they may be wrongfully convicted for membership in a socially marginal group. Dolovich 2004 :

First, under the conditions of… higher-order interests.

Therefore, behind the veil of ignorance citizens would condemn wrongful conviction. Dolovich 2004 :

In cases where… strains of commitment.

UNDERVIEW: A basic requirement for individual freedom is the restriction of government’s ability to inflict cruelty on its citizens. Even in the absence of other normative bases for rules about government restricting government cruelty is an inescapable maxim. Shklar 

Systematic fear is… choose between them.

  John Rawls James B. conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  John Rawls Professor of Philosophy, Harvard. Theory of Justice. 1971. Oxford University Press.
  John Rawls James B. Conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  John Rawls James B. Conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  Sharon Dolovich Acting Prof. of Law, UCLA Law School, “Legitimate Punishment in Liberal Democracy,” Buffalo Criminal Law Review, Vol. 7, No. 2 (January 2004), pp. 307-442
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Peter A. Joy and Kevin C. McMunigal “Confidentiality and Wrongful Incarceration” Criminal Justice, Volume 23. Number 2, Summer 2008. © 2008 American Bar Association
  Peter A. Joy and Kevin C. McMunigal “Confidentiality and Wrongful Incarceration” Criminal Justice, Volume 23. Number 2, Summer 2008. © 2008 American Bar Association
  Zalman, Marvin. "Criminal Justice System Reform and Wrongful Conviction A Research Agenda." Criminal Justice Policy Review 17.4 (2006): 468-492.
  John Rawls James B. conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  John Rawls James B. conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  Sharon Dolovich Acting Prof. of Law, UCLA Law School, “Legitimate Punishment in Liberal Democracy,” Buffalo Criminal Law Review, Vol. 7, No. 2 (January 2004), pp. 307-442
  Sharon Dolovich Acting Prof. of Law, UCLA Law School, “Legitimate Punishment in Liberal Democracy,” Buffalo Criminal Law Review, Vol. 7, No. 2 (January 2004), pp. 307-442
  Shklar, Judith political theorist, professor of government. "The liberalism of fear." Political Liberalism: Variations on a Theme (1989): 149-166.

Tournament: Alta | Round: 1 | Opponent: unknown | Judge: unknown
I affirm. The Value is Maintaining a Well-Ordered Society. American society is characterized by a diversity of fundamental worldviews. A well-ordered society is effectively regulated by a public conception of justice acceptable to all on the basis of publicly accessible reasons. Rawls 1971 :

At the beginning (§1)… not at all.

The only way to determine principles of justice to which all can consent is to remove people from their subjective social position and instead decide the principles of justice from the Original Position. Rawls :

I shall consider… with these restrictions.

The CRITERION is Protecting a System of Equal Basic Liberties. These are foundational liberties like freedom of conscience, political participation, and bodily integrity. A well-ordered society would make equal basic liberties the first priority for three reasons.

A. Respect for basic liberties reflects equal respect for the moral personhood of fellow citizens in a well-ordered society. Rawls 1971 :

Let us begin by… the basic liberties.

B. Respect for basic liberty is the means by which society protects the individual’s need for self-respect. Rawls 1971 :

Of course, it..  be firmly maintained.

c. Behind the veil of ignorance, parties would choose criminal justice norms which maximize their security and personal integrity. Dolovich 2004 :

Yet where the… and economic benefits.143

PART I IS THE ADVOCACY

A. Only two states allow disclosure of client confidences to avoid wrongful conviction. The remaining jurisdictions should expand their interpretation of the substantial bodily harm exception to allow lawyers to disclose client confidences when doing so is necessary to prevent the conviction of a third-party. Hasbani 2010 :

Perhaps one of… incarceration of another."76 

B. The wrongful conviction exception is accompanied by a use immunity that prevents the disclosed information from being used against the lawyer’s client in a criminal prosecution. Hasbani 2 :

In order to… use immunity's protection.  

PART III IS SOLVENCY: Allowing disclosure of client confidences to avoid wrongful conviction of third-parties is essential to avoiding unjust punishment.

A. A wrongful conviction exception for attorney-client privilege reflects society’s view that freedom of the innocent is the top priority and that nobody should be subjected to arbitrary physical violence. Hasbani 3 :

Legislatures should adopt… freedom of the innocent.

B. The rule exception would attract public attention or lead the prosecution to reexamine cases, thus preventing wrongful convictions before prosecutions are even initiated. Joy and McMunigal ‘08 

In response to the… reexamine a case.

C. Failure to remedy wrongful convictions, which are becoming more prominent, can undermine public confidence in the criminal justice system and in lawyers, thus harming the rule of law. Joy and McMunigal ‘08 

Perhaps the most… criminal justice system.

D. Wrongful conviction is rampant in the Criminal Justice System. The time to act is now. Zalman 2012 :
The ultimate question is… professionalism in the justice system.

PART IV IS IMPACTS

Impact 1: Rule of Law

A. Rule of law is essential to maintaining the most extensive possible system of equal liberty. Rawls 1971 :

Now the connection… rule of law maintained.

() The rule of law requires that similar cases be treated similarly. This principle is violated by wrongful convictions because people the guilty occasionally go free and the innocent suffer punishment. Rawls 1971 :

The rule of… announced verdict suffices.

Impact 2: Minimizing wrongful conviction protects the citizens against arbitrary disadvantages in the criminal justice system.

Behind the veil of ignorance people have to consider the prospect that they may be wrongfully convicted for membership in a socially marginal group. Dolovich 2004 :

First, under the conditions of… higher-order interests.

Therefore, behind the veil of ignorance citizens would condemn wrongful conviction. Dolovich 2004 :

In cases where… strains of commitment.

UNDERVIEW: A basic requirement for individual freedom is the restriction of government’s ability to inflict cruelty on its citizens. Even in the absence of other normative bases for rules about government restricting government cruelty is an inescapable maxim. Shklar 

Systematic fear is… choose between them.

  John Rawls James B. conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  John Rawls Professor of Philosophy, Harvard. Theory of Justice. 1971. Oxford University Press.
  John Rawls James B. Conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  John Rawls James B. Conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  Sharon Dolovich Acting Prof. of Law, UCLA Law School, “Legitimate Punishment in Liberal Democracy,” Buffalo Criminal Law Review, Vol. 7, No. 2 (January 2004), pp. 307-442
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Peter A. Joy and Kevin C. McMunigal “Confidentiality and Wrongful Incarceration” Criminal Justice, Volume 23. Number 2, Summer 2008. © 2008 American Bar Association
  Peter A. Joy and Kevin C. McMunigal “Confidentiality and Wrongful Incarceration” Criminal Justice, Volume 23. Number 2, Summer 2008. © 2008 American Bar Association
  Zalman, Marvin. "Criminal Justice System Reform and Wrongful Conviction A Research Agenda." Criminal Justice Policy Review 17.4 (2006): 468-492.
  John Rawls James B. conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  John Rawls James B. conant University Professor, Harvard University, A Theory of Justice. Cambridge: The Harvard University Press (1972).
  Sharon Dolovich Acting Prof. of Law, UCLA Law School, “Legitimate Punishment in Liberal Democracy,” Buffalo Criminal Law Review, Vol. 7, No. 2 (January 2004), pp. 307-442
  Sharon Dolovich Acting Prof. of Law, UCLA Law School, “Legitimate Punishment in Liberal Democracy,” Buffalo Criminal Law Review, Vol. 7, No. 2 (January 2004), pp. 307-442
  Shklar, Judith political theorist, professor of government. "The liberalism of fear." Political Liberalism: Variations on a Theme (1989): 149-166.

Tournament: meadows | Round: 1 | Opponent: unknown | Judge: unknown
I affirm.

PART 1 IS THE FRAMEWORK

The standard is maximizing preference satisfaction for two reasons.

A. Maximizing pleasure and minimizing pain is the only way to affirm equal and unconditional human dignity. Cummiskey  ‘90:

We must not…. some to save many.

B. The distinction between acts and omissions does not make sense when applied to a government. Every government policy has winners and losers, so the state can only act with the goal of minimizing the harms and maximizing the advantages. Sunstein and Vermuelle :

In our view…. fully discourage it.

C. The evolutionary need to justify choices to others requires adopting an impartial evaluation of preferences. Singer 1 :

The transformation must… shall soon see.

Maximizing preferences is the only defensible approach from an impartial point of view. Singer  2:

Reasoning in ethics is…. ought to take.

PART 2 IS THE ADVOCACY

A. Inherency

() The SEC has adopted a “loyal disclosure” framework rather than a “noisy withdrawal” requirement. Harrington 2009 :

During the notice and… o a regulatory authority.77 

B. Advocacy Text

The Securities and Exchange Commission will implement a mandatory “noisy withdrawal” provision in its Standards of Professional Conduct for Attorneys. 

Harrington 2  describes the “noisy withdrawal” rule proposed by the SEC in 2003.

19. See Implementation of Standards…. hereinafter Standards, Proposed Rule.

Harrington 3 clarifies the circumstances of noisy withdrawal.

Because the natural …stock value, are not likely.
PART 3 IS SOLVENCY

A. Noisy withdrawal deters abuse and maintains the integrity of the system. Harrington 2009 :

For those officers… with the law. 

B. A noisy withdrawal requirement strengthens transactional attorney independence to check financial wrongdoing. Harrington 2009 :

Such a standard should… place to start.

C. Attorneys are the most effective gatekeepers in the world of modern securities law. Harrington 2009 :

In the modern… any particular client. 101

PART 4 IS THE IMPACT

A. Inadequate corporate governance has a pervasive effect on the U.S. Economy. Brookings Institute 2002 

Part of the…17 (base case), 24 (high). 

B. Decrease in stock value is detrimental to our economy as it reduces consumer spending and investment. Brookings Institute 2 

Declines in stock… drop in stock prices.

C. The net impact to GDP of the 2002 corporate scandals was about 35 Billion dollars.   

Using the Federal… percent of the GDP (see Figure 6).  

D. Declining confidence in the U.S. economic system undermines market reforms abroad. Brookings Institute 2 :

A final effect of… the U.S. economy.

  Kantian Consequentialism. David Cummiskey. Associate Philosophy Professor at Bates College. Ethics, Vol. 100, No. 3. 1990. http://www.jstor.org/stable/2381810.
  Cass R. Sunstein Prof. of Jurisprudence, University of Chicago Law School, Department of Political Science and Adrian Vermeule Prof. of Law, University of Chicago, “IS CAPITAL PUNISHMENT MORALLY REQUIRED? ACTS, OMISSIONS, AND LIFELIFE TRADEOFFS,” 58 Stan. L. Rev. 703 (2005-2006).
  Peter Singer Prof. of Bioethics, Princeton University, The Expanding Circle: Ethics and Sociobiology. New York: Farrar, Straus and Giroux (1981), p. 92-94.
  Peter Singer Prof. of Bioethics, Princeton University, The Expanding Circle: Ethics and Sociobiology. New York: Farrar, Straus and Giroux (1981), p. 92-94.
  Caroline Harrington JD, Georgetown University Law Center, “Attorney Gatekeeper Duties in an Increasingly Complex World: Revisiting the "Noisy Withdrawal" Proposal of SEC Rule 205,” 22 Geo. J. Legal Ethics 893 (2009)
  Graham, Carol Vice president and director of governance studies at the Brookings institute, Robert E. Litan, and Sandip Sukhtankar. "Cooking the books: the cost to the economy." (2009).

Tournament: harvard westlake | Round: 1 | Opponent: unknown | Judge: unknown
I affirm. PART I IS THE FRAMEWORK

Random House Dictionary  defines “ought,” as 

“(used to express duty or moral obligation). Every citizen ought to help.

Therefore I value Morality. Moral values are inherently pluralistic. 

A. There is no single moral value to which all ethical practices reduces. Lamprecht 1920 :

To the naïve… but not solitary.

B. Apparently incommensurate moral values are often relevant to moral decision-making. Lamprecht 2 :

In the second… a simple monism.

In light of the irresolvable pluralism of our ethical sensibilities, we should not try to systematically exclude apparently relevant moral considerations by committing ourselves exclusively to a single philosophical doctrine. Rather, we should make use of those sensibilities which seem to have salience in our ordinary moral reasoning. Williams 1985 :

The main consequences… and we need to

The Criterion is Minimizing Undeserved Punishment. Undeserved punishment is inconsistent with myriad moral and political values.

A. There are five major reasons why punishment of the innocent is inconsistent with our intuitive notions of justice and utility. Steiker and Steiker 2005  explain in the context of wrongful execution.

There are six prominent… harm of irrevocability.
B. A survey of practices in the criminal justice system shows that avoiding undeserved punishment is one of its core values. Joy 2006 :

From a normative..  heads over and over.”27

C. Punishing the innocent violates the social contract. Kitai 2003 :
Conviction of a defendant… in an ungrateful manner. 4

D. Deontological considerations bar convicting the innocent. Kitai 2 :
A deontological approach… the common interest.

PART II IS THE ADVOCACY

A. Only about half of states allow disclosure of client confidences to avoid wrongful conviction under the “substantial bodily harm” exception to ACP. The remaining jurisdictions should expand their interpretation of this exception to allow lawyers to disclose client confidences when doing so is necessary to prevent the conviction of a third-party. Hasbani 2010 :

Perhaps one of… or incarceration of another."76 

B. The wrongful conviction exception is accompanied by a use immunity that prevents the disclosed information from being used against the lawyer’s client in a criminal prosecution. Hasbani 2 :

In order to… use immunity's protection.  

PART III IS OFFENSE: Allowing disclosure of client confidences to avoid wrongful conviction of third-parties is essential to minimizing undeserved punished.

A. A wrongful conviction exception for attorney-client privilege protects justice. Hasbani 3 :

Legislatures should adopt… freedom of the innocent.

B. Wrongful conviction subjects individuals to significant physical danger and should therefore be incorporated into the substantial bodily harm exception. Miller 2008 :
Turning to wrongful incarceration… in the previous year.

Thus, because it is relatively certain that bodily harm will come to someone who is wrongly convicted, attorney disclosure should be allowed. Miller 2 :
In deciding whether… the proposed acts.

C. Wrongful conviction is rampant in the Criminal Justice System. The time to act is now. Zalman 2012 :
The ultimate question… the justice system.

  “ought.” Def. 1. Random House Dictionary, Dictionary.com. n.d. Web. 2 Nov. 2013.
  Sterling P. Lamprecht Emeritus Prof. of Philosophy, Amherst, 1928-1956, “The Need for a Pluralistic Emphasis in Ethics,” The Journal of Philosophy, Psychology and Scientific Methods, Vol. 17, No. 21 (Oct. 7,1920), pp. 561-572
  Sterling P. Lamprecht Emeritus Prof. of Philosophy, Amherst, 1928-1956, “The Need for a Pluralistic Emphasis in Ethics,” The Journal of Philosophy, Psychology and Scientific Methods, Vol. 17, No. 21 (Oct. 7,1920), pp. 561-572
  Bernard Williams Prof. of Philosophy, University of Cambridge, University of California at Berkeley, Ethics and the Limits of Philosophy, Cambridge: Harvard University Press (1985), pp. 116-117
  Carol S. Steiker Prof. of Law, Harvard Law School, Jordan M. Steiker Prof. of Law, U. of Texas School of Law, “The Seduction of Innocence: The Attraction and Limitations of the Focus on Innocence in Capital
Punishment Law and Advocacy,” 95 J. Crim. L. and Criminology 587 (2004-2005)

  Peter A. Joy Prof. of Law, Washington U. School of Law, St. Louis, “The Relationship Between Prosecutorial Misconduct And Wrongful Convictions: Shaping Remedies For A Broken System,” Wisconsin Law Review, p.399 (2006)
  Rinat Kitai Lecturer, Ramat Gan Law School, Israel, “Protecting the Guilty,” 6 Buff. Crim. L. Rev. 1163 (2002-2003)
  Rinat Kitai Lecturer, Ramat Gan Law School, Israel, “Protecting the Guilty,” 6 Buff. Crim. L. Rev. 1163 (2002-2003)
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)

  Inbal Hasbani J.D. Northwestern University School of Law, “When the Law Preserves Injustice: Issues Raised by a Wronful Incarceration Exception to Attorney-Client Confidentiality,” 100 J. Crim. L. and Criminology 277 (2010)
  Miller, Colin. "Ordeal By Innocence: Why There Should Be a Wrongful Incarceration/Execution Exception to Attorney-Client Confidentiality."Northwestern University Law Review Colloquy 102 (2008): 391.
  Miller, Colin. "Ordeal By Innocence: Why There Should Be a Wrongful Incarceration/Execution Exception to Attorney-Client Confidentiality."Northwestern University Law Review Colloquy 102 (2008): 391.
  Zalman, Marvin. "Criminal Justice System Reform and Wrongful Conviction A Research Agenda." Criminal Justice Policy Review 17.4 (2006): 468-492.