WDI disclosure list

[Sarah E. Chan]

WDI case list

This is going to be incomplete since I just got back from a memorial
service and our evidence set/tub is missing.  Here's what I do have.

Affirmative Action good/bad - one of my missing files, but it says that
national origin doesn't pretect and includes a different term.
specifically says that Asian-Americans are often discriminated against.

Same Sex Harassment
01: courts conflate sex with biology creating an indeterminate protection
for gender, SC Oncale decision recognized that heterosexuals are
protected from homosexual harrassment, people of different sexual
orientation or still unprotected, Oncale established guidelines but no
precedent, courts utilize the "but for sex" text to determine if
discrimination is actionable
O2: failure to change our interpretations of words maintains and
replicates oppressive power structures, current court standards and
assumptions are heterosexist, continuing to stereotype gender
biologically undermines liberation, explicitly recognizing
intersectionality is a unique emancipatory project, those of alternate
sexual orientation are a uniquely unprotected class subject to the
ugliest forms of discrimination, each of us must oppose heterosexism
PLAN: USFG will amend... content will explicitly become relevant for
determination of sex discrimination as suggested by Locke, a legal
practice skills instructor at Suffolk University, in 1996 and sexual
orientation will be explicitly recognized as sex discrimination as
suggested by Peluso in 1993. the plan will be adopted through all
necessary normal means and we reserve the right to explain our intent
O3: Solvency, the content of harassment becomes relevant biolgoical
construction of sex will continue to maintain hetero-patriarchy (Caper,
Columbia Law Review, "Sex(ual Orientation) and Title VII" June 1991),
content-based analyis protects all victims of sexual harassment (Locke,
Rutger's Law Journal, "The Equal Opportunity Harasser as a paradigm for
recognizing sexual harassment of homosexuals under title vii" 1996),
recognizing sexual discrimination is critical to non-discrimination
(Peluso, Vanderbilt law Review, "Tempering title vii straight arrow
approach" 1993), sexual orientation must be protected within our legal
notions of sex and gender (Valdez, California Law Review "Queers,
sissies, dykes, and tomboys: deconstructing the conflation of 'sex',
'gender', and 'sexual orientaiton' in euro-american law and society"
1994) reform must occur through the congress (levay, memphis state law
review "employment law - equal employemnt opportunity commission v.
walden book co.: does/should title vii apply to same gender sexual
harassment" 1996) inclusion of both sexual orientation and context is
critical to true solutions (grose, yale journal of law and feminism
"same-sex sexual harassment: subverting the heterosexist paradigm of
title vii" 1995)

Individual Liability (the redefine employer thing)
O1: sexual harassment is the fastest growing area of employment
discrimination, sexual harasment is widespread and under reported, sexual
harassment humiliates and degrades women and men by reducing them to
sexual objects, victimization may cause a variety of physical, empotional
and psychological harms in women and men,  multiple theories of morality
establish that sexual harassment is a violation of fundamental
principles, we have a moral obligation not to use the victimization of
men and women as a means to avoid other consequences
O2: the current trend is to deny victims the ability to hold their
harassers personally liable, without congressional action to close this
loophole the culture of sexual harassment will continue to pollute the
workplace, sq's scheme of employer liability relies on market forces to
deter individuals from sexual harassment; this scheme of relying solely
upon employer liability is naive and misguided given our country's
history of discrimination, relying solely on employer liability to deter
sexual harassment is a flawed solution for multiple reasons, even if
employers do sanction their employees, the sanctions lack much deterrent
effect
PLAN: the usfg will amend t& in the following manner: individuals will be
subject to personal liability for sexual harassment which they commit.
botht eh employer and the individual will be subject to liability in
accord with a scheme of joint and several liability.  the provision will
clarify that it should have no effect on the imposition of vicarious
liability.  and it will clarify the appropriate application of the damage
cap system under a joint and several liability scheme.  funding and
enforcement are guaranteed.
O3: Solvency: congressional creation of individual liability would strike
at the heart of sexual harassment (sanborn, western new england law
review, "employment discrimination - miller v. maxwell's international
inc: individual liability for supervisory employees under title vii and
the adea" 1995), adding individual liability would create a two-fold
deterrent to sexual harassment, inciting both employer and individual
compliance (lukens, temple law review "workplace sexual harassment and
individual liability" 1996), attacking both the structural and individual
causes of sexual harassment is essential to eliminating such
discrimination in the workplace (lukens, see above), individual liability
increases overall deterrence against harassment without weakening current
protections (musson, university of missouri at kansas city school of law,
fall 1995), ending the culture of sexual harassment requires holding both
the employer and the supervisor jointly liable (lukens again)

Intersectionality - I don't have this one but it allows people to file
under their own descriptions instead of checking off boxes (woman or
minority or...)

Legal Storytelling
O1: majority perspective on race reform fails to address the dire
situation of people of color; the dominant story ignores criticism by the
oppressed, narratives inherent in law - there is no way to avoid story
telling in legal discourse, reliance on legal precdent excludes
narratives of the disempowered by forcing lawyers to use universalized
narratives, legal discourse perpetuates dominance of white male voice
while silencing other perspectives
PLAN: the usfg will amend t7... by requiring that all courts recognize
legal storytelling as an acceptable evidentiary standards in every court
of record involving t7 procedures.  funding and enforcement through
normal means.  affirmative reserves the right to clarify intent
O2: outsider stories are especially powerful in courts to create
protection against discrimination (scheppele, michagan law review "legal
storytelling: foreword: telling stories: 1989), court decisions create
precedents such that success of legal storytelling snowballs to broader
social understanding of bias (garza, texas hispanic journal of law and
policy "the voice of color and its value in legal storytelling, may
1994), storytelling exposes gap between legal doctrine and reality,
leading to transformation of law (baron, southern california law review,
"resistance to stories" jan 1994), outsider stories induce empathic
understanding of discrimination by contextualizing experience (winter,
michigan law review "legal storytelling: the cognitive dimension of the
agon between legal power and narrative meaning" 1989), legal storytelling
encourages the majority to sympathize with minority perspectives and
rethink discriminatory views (garza again), narratives offer solutions to
legal problems that other policymaking options could not achieve
(russell, hastings law journal, "theoretics of practice: the integration
of progressive thought and action" april 92), the cure to institutional
racism of the american legal system is storytelling (delgado, michigan
law review, "legal storytelling: storytelling for oppositionists and
others: a plea for narrative" aug 1989)

EEOC
O1: eeoc level of technical sophistication is laphable, lack of key
resources undermines abilitity to effectivle enforce anti-discrimination
laws, now is not the time to be working in a stone-age office (backlog),
all of the easiest reductions in the backlog have been made and things
can only get worse
O2:eeoc's backlog is a bottleneck for everyone, severe racial and gender
discrimination happens daily and it is critical that the eeoc can perform
its function, eeoc backlog puts discrimination cases in judical limbo,
justice is both delayed and denied, backlog hurts credibility as an
enforcer against biolations of discrimination cases, eeoc needs
credibility if it is going to properly perform its job of raising public
awareness about discrimination, discrimination based on race or gender
amounts to moral slavery, eeoc's failure to process sexual harassment
claims has very real effects on its victims-they are exposed to a variety
of physical, emotional, and psychological disturbances, multiple theories
of morality establish that sexual harassment is a violation of
fundamental principles, we have a moral obligation not to use the
victimization of men and women as a means to avoid other consequences
PLAN: the usfg will amend t7 to legilsate funding and rules for the eeoc
requring and integrated information technology package with the minimum
guidelines advocated by Cathcart, a partner at givson, dunn, and
crutcher.  an outside consulting firm will be utilized to guarantee the
most cost-effective system. funding and enforcement will be guranteed.
O3: Solvency: the eeoc should be granted funding to hire a private
contractor to set up an integrated computer system (Cathcart, federal
document clearing house congressional testimony "testimony march 3, 1998,
david a. cathcart partner gibson, dunn & crutcher house education and the
workforce employer-employee relations equal employment commission"),
strengthening the eeoc's informatoin systems would have a direct and
immediate effect on the backlog (casellas, federal news service,
'prepared statement of gilbert f. casellas, chairman us dqual employment
opportunity commssion before the senate committee on labor and human
resources" may 23, 1995), a little help would make the eeoc an effective
tool for fighting workplace discrimination (brown, federal document
clearing house congressional testimony, "testimony October 21, 1997
william h. brown, III esq. shnader, harrison, segal, and lewis, house
education and the workforce equal employment opportunity commission")
congressional support will bolster the eeoc's credibility as a watchdog
(Yang, business week, 'the eeoc: too swampted to shoot straight" May 1,
1995), the eeoc can always use more resources, the more it gets the
faster it can work (lorber, federal news service, 'prepared testimony of
lawrence z. lorber before the house education and the workforce committee
subject - oversight of the eeoc: is it providing fairness and
efficiency?" Oct. 21 1997)

Military
O1: us military continues to isolate itself from societal trends against
sexual harassment, sexism has replaced racism as a primary focus of
hostility, congress has consistently failed to act, t7 is the primary
vehicle for challenging sexual harassment yet congress ignores the
military and the courts have remained silent, current department of
defense equal opportunity procedures, the universal code of military
justice and the board of corrections of military records, are inadequate
to solve the problem, an application of t7 would be the best solution
PLAN: congress shall amend t7 of the 1964 cra by the following "military
departments, as provided in sec.2000e-16(a) shall include uniformed
personnel.  this section shall not preclude classification of combat as a
bona fide occupational qualification, as identified in sect. 200e-Z(e)."
O2: Solvency: t7 must be amended, present interpretations will not allow
harassment and discrimination to be addressed (rogers, california law
review, "a proposal for combating sexual discrimination in the military:
amendment of t7" 1990), application of title vii to the military would
transform misognyistic attitutdes and result in consistent grievance
guidelines (rogers again), discrimination in the military snowballs
throught society... (rogers again),  multiple theories of morality
establish that sexual harassment is a violation of fundamental
principles, we have a moral obligation not to use the victimization of
men and women as a means to avoid other consequences (lesser and donohue,
Sexual Harassment Thoery, Research, and Treatment, 1997), because of lack
of t7 protection, women are retaliated against with charges of lesbianism
(Baskerville, In style, "Hands Off! Sexual harassment can be a problem
for all women - but we don't have to take it" May 1, 1997), such leverage
has been used to force women into rape (francke, Ground Zero: The Gender
Wars in the Military, 1997), the psychological traumas of rape destroy a
woman's psyche, ego, and scars social interactions (Rose, American
Journal of Psychiatry, "Worse than death; Psychodynamics of Rape Victims
and the Need for Psychotherapy," July 1986), application of t7 solves all
major problems with the military justice system (campbell, hearing before
committee on armed services, "Sexual harassment of military women and
improbing the military complaint system" mar. 9, 1994), the courts and
executive are inadequate (murray, Gender and American Law, the Employment
Context: Sexual Harassment in the Military, 1997), plan is an optimal
solution-solving discrimination while involving the military - resulting
in better reporting, tracking, and streamlining of grievance procedures
(murray again)

Cronyism - the original scrimmage case, reaffirms merit as the first
priority, then errs on the side of women and minorities.  The author is
McGinley and it's on lexis.

Disadvantages
Movements (social movements, farrakhan, labor movement, gay liberation
movement, african-american movements, african-american women, feminist
movements, movements coalescence)
Biz Con
EEOC trade-off
Impeachment
Federalism
Independent prosecutor
Separation of powers
Activism

Counterplans
Ban Title Vii (w/ Victimology and Symbology kritiks)
Colorblind
Courts
States

Kritiks
Heterosexism
Latino/latina
Liberal Constitutionalism
Critical Race Theory

Please excuse the typos,
Sarah
SJSU debate
"Go sell crazy someplace else.  We're all stocked up here."
       -Melvin Udall in "As Good as it Gets"

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