General Actions:
Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
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Glenbrooks | 1 | Akhil Jalan | Devin Race |
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Glenbrooks | 4 | Saint Thomas Academy CP | Emily Massey |
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Glenbrooks | 7 | Strake Jesuit JZ | John Sims |
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Greenhil | 1 | Greenhill BE | John Scoggin |
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Greenhill | 3 | Northland Christian DL | Rodrigo Paramo |
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Greenhill Round Robin | 5 | Pranav Reddy | Robbie Dillard, Chad Henson |
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Hendrickson | Semis | Drew Burd | Annie Zhu, Jared Woods, Shirley Zhang |
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Spring Woods | 2 | Opponent | Judge |
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Tournament of Chumps | Quads | RG | RG |
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Tournament | Round | Report |
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Glenbrooks | 1 | Opponent: Akhil Jalan | Judge: Devin Race lbj wins the perm |
Glenbrooks | 7 | Opponent: Strake Jesuit JZ | Judge: John Sims I read an disad and 3 theory shells |
Greenhill | 3 | Opponent: Northland Christian DL | Judge: Rodrigo Paramo T and utils |
Hendrickson | Semis | Opponent: Drew Burd | Judge: Annie Zhu, Jared Woods, Shirley Zhang This is the NC I read all tournament |
Spring Woods | 2 | Opponent: Opponent | Judge: Judge Util |
Tournament of Chumps | Quads | Opponent: RG | Judge: RG HAHAHAHA WHO RUNS THEORY HAHAHA |
To modify or delete round reports, edit the associated round.
Entry | Date |
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GENERAL Descriptive Standards TTournament: Glenbrooks | Round: 7 | Opponent: Strake Jesuit JZ | Judge: John Sims
| 11/24/13 |
GENERAL Truth Testing TTournament: Glenbrooks | Round: 7 | Opponent: Strake Jesuit JZ | Judge: John Sims Resolved means a policy. “Ought” implies an evaluation of end states 2. Reciprocity 3. Decision Making—comparative worlds forces debaters to defend an advocacy and compare that advocacy against another which fosters better decision making skills that silly skep triggers that avoid clash. Key to education it’s the only portable impact and also I outweigh—uniqueness is on my side | 11/24/13 |
GENERALTriggers TTournament: Glenbrooks | Round: 7 | Opponent: Strake Jesuit JZ | Judge: John Sims
| 11/24/13 |
NOVDEC Cyber Security DATournament: Glenbrooks | Round: 1 | Opponent: Akhil Jalan | Judge: Devin Race American Bar Association ‘13 “Report to the House of Delegates.” Cybersecurity Legal Task Force, 2013. AG The brink is now—my impact is within the year A sampling of computer ...s from cyber terrorism. Turns case—a) war means less attention to the judicial system and courts can’t operate if they’ve been blown up—defense comes first. B) Terrorist attacks empirically fuel racial hatred—9/11 proves War is empirically fueled by racism—undermines judicial impartiality and all the reasons truth seeking is good | 11/23/13 |
NOVDEC Give Back the Land CPTournament: Glenbrooks | Round: 4 | Opponent: Saint Thomas Academy CP | Judge: Emily Massey | 11/23/13 |
NOVDEC NFC NCTournament: Glenbrooks | Round: 4 | Opponent: Saint Thomas Academy CP | Judge: Emily Massey Need to ensure everyone has their interests accurately represented in court. ACP solves | 11/23/13 |
NOVDEC Oil Dependence DATournament: Spring Woods | Round: 2 | Opponent: Opponent | Judge: Judge Increased regulations on oil companies kill oil production—stops new drilling and massively expands dependence on foreign oil Oil dependence creates multiple scenarios for war – increases the incentive to go to war while short-circuiting barriers to conflict—the impact is extinction | 11/20/13 |
NOVDEC Sea PeaTournament: Glenbrooks | Round: 1 | Opponent: Akhil Jalan | Judge: Devin Race KEITH A. FINDLEY ‘12, Clinical Professor, University of Wisconsin Law School; Co-Director, Wisconsin Innocence Project; President, Innocence Network. J.D., Yale Law School, 1985; B.A., Indiana University, 1981. “Adversarial Inquisitions: Rethinking the Search for the Truth”, NEW YORK LAW SCHOOL LAW REVIEW VOLUME 56 | 2011/12 AG While Risinger and Risinger are on the right track, I want to find ways to harness the power of adversarial testing throughout the process to ensure that the unavoidably inquisitorial initial investigation is indeed responsive to the interests of both sides, and hence to the truth. The system I envision is one that seeks to take advantage of the strengths, while minimizing the weaknesses, of both the adversarial and inquisitorial models. Before describing my own alternative, a caveat is in order: my focus here is solely on pretrial and trial procedures; appellate and post-conviction review procedures are beyond the scope of this article. They are matters I (and others) have addressed elsewhere.97¶ A. Adversarial and Inquisitorial Strengths and Weaknesses¶ An inquisitorial system is said to be more focused on truth-finding than the adversarial system.98 Inquisition advocates often assert that “criminal procedure that relies on professional judges of fact and an impartial, state-appointed prosecutor (i.e., an inquisitorial system such as exists in the Netherlands) probably produces fewer miscarriages than a procedure built around autonomous parties, a jury, and partisan (and sometimes elected) prosecutors as in the adversarial system.”99 In part, that is because “the adversarial system places greater emphasis on the process than on simple truth-finding.”100 Marvin Zalman has thus advanced “the hypothesis that the adversary process itself is a contributor to erroneous convictions.”101¶ Much of the problem, as already noted, is that the outcome of a case is usually determined long before trial (or plea), that is, at the administrative investigation stages. If truth and reliability are the objectives, therefore, what really must be done is improve the quality of the evidence gathering and interpreting at the initial investigation stages.102 Daniel Givelber argues, however, that the American adversarial and constitutional-rights-based jurisprudence has ignored the features of a criminal justice system that best assure truth finding: But the Supreme Court has refused to concern itself with the obligations of the police or prosecutor to conduct a thorough investigation, or to maintain comprehensive records, or even to choose wisely which potential defendants to charge. These matters—the very essence of a system concerned with actual innocence—are extra-constitutional.103¶ All of this might be interpreted to suggest that an inquisitorial system, expressly focused on neutral examination of the facts to find the truth, offers a better path to accurate assessment of claims of innocence. The inquisitorial system, however, is only superior in this regard if the inquisitorial model takes hold early in the process— before the investigation seals the defendant’s fate—and only if the inquisitor truly can remain neutral and objective, and indeed, can aggressively pursue evidence supporting innocence. Thus, in an inquisitorial system, “both the legitimacy of criminal justice and the fate of the individual in terms of fair trial depend to a large extent on the integrity of state officials and their visible commitment to nonpartisan truth finding.”104 Moreover, the inquisitorial system is superior only to the extent that the prosecutor (or magistrate) has the incentives and fortitude to second-guess even her own initial suspicions and judgments and to see facts from multiple perspectives—a very tall order indeed.¶ To expect a career prosecutor—or even a judge or magistrate—drawn from our current sharply adversarial system and culture to be able to play that role is to expect too much. The adversary culture we have inherited is deep and pervasive, and “adversarialness breeds a competitive spirit among prosecutors that leads to withholding evidence . . . .”105 William Pizzi, who has criticized the American system for producing “trials without truth,” argues that a “conviction mentality” motivates prosecutors to privilege securing convictions over achieving justice or truth-seeking.106 Thus, Zalman notes that “at least one leading scholar has warned against making quick judgments about the superiority of one system over the other and of thinking that it is easy to transplant procedures from one ‘system’ into another.”107 ¶ Comparing the role of the American prosecutor to that of the prosecutor in the inquisitorial tradition highlights the magnitude of the challenge of transposing an inquisitorial approach onto the American legal culture. For example, under the German Code of Criminal Procedure (which reflects an inquisitorial system in which a neutral prosecutor is charged with searching for the truth) a German prosecutor “does not function as a party but rather as a ‘second judge,’” who functions “from a neutral, detached, and objective perspective.”108 According to one observer, German prosecutors are seen as “guardians of the law,” who “lack the thirst for winning that their American colleagues display in the courtroom.”109 Indeed, consistent with this role, German prosecutors even present evidence that favors the accused, and at the close of trial are free to recommend an acquittal.110 Consistent with this commitment to neutrality, and in stark contrast to American practice, German prosecutors do not meet with the witnesses prior to trial or try to prepare them or the case to be as convincing about the defendant’s guilt as possible.111 Hence, “perhaps the most striking difference between American and German prosecution practice is that, in contrast with American practice, the majority of German prosecutors do not regard convictions as victories and acquittals as losses.”112 The role of the prosecutor is similar to the German model in most Continental inquisitorial systems.¶ Even in other systems that are ostensibly adversarial, the prosecution culture is less partisan and adversarial than in the United States. In Japan, for example, prosecutorial culture is much different than in America. The Japanese system places tremendous responsibility on and confidence in prosecutors to achieve justice, as they are viewed as authorities in the criminal justice system. Defendants have a right to adversarial testing of the evidence, and even a right to remain silent, but defense counsel are typically far more passive than their American counterparts, and defendants are expected to confess (indeed, the conviction rate in Japan is 99.8, in large part because most defendants confess).113 Japanese legal scholar David Johnson explains how Japanese prosecutors function in a culture and pursuant to norms that are vastly different than those in America:¶ If justice means taking into account the needs and circumstances of individual suspects, then prosecutors in Japan must receive higher marks than their American counterparts. If justice implies treating like cases alike, then the capacity of Japan’s procuracy to do so is impressive indeed. If justice should promote healing, not just punishment, then Japanese prosecutors must be ¶ reckoned more restorative than prosecutors in the United States. And if justice depends on uncovering and clarifying the truth, then readers will see how fundamental this maxim is deemed to be in Japan. In these ways and more, the Japanese way of justice is uncommonly just. 114¶ Yet even in such a culture, the pressures to convict can be overwhelming. Johnson observes that his account of Japanese prosecutors “uncovers serious defects as well . . . . In their zeal to obtain the truth through confessions, some prosecutors plea-bargain, doctor dossiers, and conduct brutal interrogations, all actions that are illegal in Japan.”115¶ Even within the inquisitorial tradition, steeped in its commitment to neutrality and objectivity, it is often too much to expect police and prosecutors to remain truly impartial in every case. Increasingly, inquisitorial systems have witnessed breakdowns when prosecutors succumb to law-and-order pressures and fail to adhere to norms of neutrality. One observer of the Dutch inquisitorial system, for example, has noted that in recent years there have been¶ significant changes in the way that prosecutors see themselves. Traditionally, the magisterial, nonpartisan prosecutor, able and willing to make ‘judicial’ decisions in the name of the common good, was the predominant role model . . . . Gradually this has been replaced among a substantial number of prosecutors by the model of the crime fighter.116¶ Especially in complex and highly publicized cases, both police and prosecutors are “subject to considerable pressure from the media to deliver the goods (i.e., a conviction).”117 David Johnson has also noted these breakdowns of neutrality in the Dutch inquisitorial system:¶ While acknowledging that prosecutors try to be “scrupulously fair” and that “their sense of duty to uphold the dignity of their office is beyond doubt,” Dutch journalist Karel Van Wolferen claims prosecutors do “not accept being shown in the wrong.” They are, he agrees with Chalmers Johnson, obstinate, stubborn, and intransigent. Furthermore, prosecutors “want to be God” and are “quite ready to tip the scales of justice out of social considerations.”118¶ If prosecutors in systems with a rich inquisitorial tradition of prosecutorial neutrality are susceptible to such pressures, it is wholly unrealistic to think that prosecutors drawn from America’s polarized adversarial system can play the role of neutral inquisitor.¶ All of this raises serious questions about the workability of Bakken and Steel’s “neutral” prosecutor as inquisitor in America. But the problem with an inquisitorial system is deeper than even suggested by the prevailing culture and pressures toward adversarialness in America. The problem also affects the ability of Risinger and Risinger’s investigating magistrate to perform the role they assign to her.¶ Simply assigning investigative responsibility to a neutral magistrate does not ensure a vigorous and unbiased search for the truth. Problems can arise not just when individual prosecutors (or magistrates) succumb to adversarial law-and-order pressures, or fail to adhere to the norms of neutrality. Recent applications of social science research on cognitive processes reveal that even the most well-meaning actors, who are sincerely trying to be objective, are frequently subject to cognitive distortions that make true impartially difficult if not impossible.119 Indeed, even in Continental systems with rich inquisitorial traditions, it has been argued that magistrates tend to adopt the attitudes of police and prosecutors.120¶ The strength of the adversary process is that it creates adversarial role players who actively challenge the State’s evidence and the State’s theory of guilt. In inquisitorial systems, defense counsel play a much weaker role—they lack “the defense rights or adversarial means and skills” and do not conduct their own pretrial investigations.121 And neutral judges or magistrates do not fill that role adequately. Instead of adversarial testing of the evidence, the judge essentially serves to review the prosecution’s case. In the context that is perhaps best known for its adherence to rigorous truth-seeking processes—scientific inquiry—it is never enough to merely review evidence; in science, investigators actively test theories and attempt to find evidence to disprove them. The inquisition’s review process thus conflicts with the way we search for truth in a scientific context. As Chrisje Brants has put it:¶ From a scientific point of view, the presentation of two versions of events and the attempted falsification of the prosecution case that is characteristic of the adversarial system is surely a better way of arriving at the truth than the verification of the prosecutor’s version by the judge—however many (limited) opportunities the defense may have had to influence the dossier pretrial and however nonpartisan the investigation. An inherent risk in procedures that rely on verification is not only that the police may be inclined to focus too much on one suspect once an apparently reasonable case can be made out against him or her—that is no different, perhaps even more likely in party- driven procedures—but that this will also lead to the police not looking for possible exculpatory facts, or, should they find such facts, attaching too little weight to them. This “mistake,” or rather confirmation bias, will then be passed on to the other participants in the investigation: the prosecutor and, in the final event, the judge.122¶ Thus, even with the most objective and fair-minded inquisitor—including the most honorable magistrate leading the investigation envisioned by Risinger and Risinger—that inquisitor will unavoidably be constrained by cognitive biases, public safety pressures, and a limited capacity to see the facts from the perspective of the (innocent) defendant.123 Only an advocate charged with responsibility for zealously pursuing the defendant’s perspective, and only the defendant’s perspective, can overcome those limitations and push for alternative understandings of the facts that might reveal the truth. Gerald Walpin has captured this distinction well:¶ The reality is that, whether that task of searching for and presenting facts is delegated to an inquisitorial judge or adversarial lawyers, the facts made available for consideration will depend on the ability, initiative, bias, determination, thoroughness, energy, aggressiveness, interest, knowledge, and motivation of the specific human being acting as inquisitorial judge or as the adversarial lawyer in that specific case.¶ ... .¶ . . . In the adversarial system, the lawyer for a party has the duty to act zealously and faithfully for his client. Zealous, faithful advocacy means the obligation to search out all favorable evidence, to seek, neutralize or destroy all unfavorable evidence, and to press the most favorable interpretation of the law for his client. That is simply not the obligation of an inquisitorial judge.124¶ The importance of that role, and the inability of judges to perform that role, is perhaps best reflected by the record of supposedly neutral and objective courts in evaluating convictions that DNA testing subsequently proved to be false. Brandon Garrett’s analysis of the first 200 DNA exonerations found that reviewing courts, when affirming these wrongful convictions, frequently referenced their (incorrect) perceptions of the defendant’s guilt. Addressing the evidence against these actually innocent appellants, fully half of the courts referred to the likely guilt of the defendant.125 Moreover, ten percent of the courts in such cases described the evidence of guilt against the actually innocent defendant as “overwhelming.”126 And in nearly ¶ a third of the cases (thirty-two percent), courts found error but affirmed nonetheless because the error was deemed “harmless,” a judgment that typically involves an assessment of likely guilt.127 Judges simply cannot be expected to recognize or zealously pursue facts supporting claims of innocence when they objectively view the likelihood of innocence to be so remote; only zealous advocates can be expected to push for such evidence and such a perspective.¶ B. Shared Inquisitions¶ Thus, the best procedure is one that attempts to harness the best aspects of both procedures, while minimizing the weaknesses of each. In a sense, this proposal is consistent with current trends toward blending the best features of the world’s major criminal justice systems. Comparative scholars have observed that the world’s major legal systems are in their broad features becoming less distinctive.128 My proposal might be seen as a part of that development. I envision a system in which the adversaries share in shaping and directing the inquisitorial process.¶ The system I envision is one in which an accused person, whether claiming innocence or not, can choose whether to be prosecuted under either in the traditional adversarial system or under a system in which adversaries share in the inquisitorial search for the truth. The latter would be effectuated by assigning the case to a new truth-seeking agency, something that might be called an Office of Public Advocacy and that would house both prosecutors and defense attorneys who rotate between those roles and thereby become committed to the search for the truth with insights from both perspectives. The defense lawyer—who would remain adversarial and duty-bound to zealously advocate for her client when assigned to that role—would join with the prosecutor (also in an adversarial role) in jointly supervising the continuing investigation by police. This structure would be designed to create a culture that mutes the polarizing forces of career adversaries. Lawyers in this new Office of Public Advocacy would understand that the principle of law, or the forensic evidence they use in one case to obtain a conviction, might be the rule or evidence that will help convict their possibly innocent client in the next. It would ensure that these advocates see the human face of both the victim and the accused, and thereby help them appreciate the human toll taken by whatever they do, on either side of a case. | 11/23/13 |
NOVDEC Tax DATournament: Glenbrooks | Round: 7 | Opponent: Strake Jesuit JZ | Judge: John Sims Kyodo News International ‘13 “U.S. FY 2013 deficit down 37.5 on tax revenue rise, outlay cut”, October 30, 2013 20:46 AG The effectiveness of the U.S. tax system depends upon maintaining ACP protections. ACP is uniquely necessary in the context of Tax Law Sustained budget deficits will cause economic collapse Economic crisis causes war –statistics support transition wars, miscalc, resource conflicts, internal conflict, and terrorism – other authors don’t base their analysis on global studies | 11/24/13 |
SEPTOCT Blank Ballots TTournament: Greenhill Round Robin | Round: 5 | Opponent: Pranav Reddy | Judge: Robbie Dillard, Chad Henson We begin by examining … in the literature. They conflate Compulsory voting and compulsory balloting The names “mandatory voting” …abstain without penalty. | 11/6/13 |
SEPTOCT Disclosure TTournament: Greenhill Round Robin | Round: 5 | Opponent: Pranav Reddy | Judge: Robbie Dillard, Chad Henson Checks Evidence Ethics Everyone has stuff on the wiki except for Harker, puts them at a structural advantage Voter: Education, Tournament Rules | 11/6/13 |
SEPTOCT Political Agency NCTournament: Greenhill Round Robin | Round: 5 | Opponent: Pranav Reddy | Judge: Robbie Dillard, Chad Henson Value criterion is preserving political agency. | 11/6/13 |
SEPTOCT Rule Util NCTournament: Hendrickson | Round: Semis | Opponent: Drew Burd | Judge: Annie Zhu, Jared Woods, Shirley Zhang I value justice. The standard is rule-consequentialism. This means rule util B Any system of normativity has to cohere with our convictions Rule util solves My thesis and sole contention is that voting should be regarded a right rather than a duty. Responsible voters should vote and irresponsible voters should abstain. Good voting is essential to promoting the common good I don’t disenfranchise anyone—my argument is that everyone should exercise their right to vote in a way that promotes the common good Read a SLIGHTLY different version of this position with the standard of "respecting" public goods. The only difference being that the other NC didn't have the rule util cards and instead had a Brennan card. The position was actually terrible but if you want the cites, hmu | 11/6/13 |
SEPTOCT Spec TTournament: Greenhill | Round: 3 | Opponent: Northland Christian DL | Judge: Rodrigo Paramo Net Benefits: Strat Skew Real World Decision Making Turn Ground Voter: fairness, education | 11/6/13 |
SEPTOCT Turn Out CPTournament: Greenhil | Round: 1 | Opponent: Greenhill BE | Judge: John Scoggin Jerry H. Goldfeder ‘13, practices election and campaign finance law at Stroock and Stroock and Lavan LLP. He teaches Election Law at Fordham Law School and the University of Pennsylvania Law School, and is the author of Goldfeder’s Modern Election Law, now in its Third Edition. “Jerry Goldfeder: Improve Voter Turnout By Modernizing New York’s Election Law, 04/09/2013 AG | 11/6/13 |
T n TheoryTournament: Tournament of Chumps | Round: Quads | Opponent: RG | Judge: RG Interp: On the NFL 2014 Jan/Feb LD topic, affirmatives may only run plans that prove that on balance, environmental protection should be prioritized over resource extraction. They can’t affirm by defending isolated examples or policies of the resolution being implemented. Interp: Resource extraction is limited to non-renewable resources. Interp: counter-plan's have to be unconditional | 4/27/14 |
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