No subject
Hamilton, Heidi
Sphamilton
Thu Sep 24 15:30:50 CDT 1998
September 21, 1998
Dear Colleague:
The members of the Augustana Debate Union would like to invite you
and your teams to attend a tournament hosted by Augustana College, November
6-8, 1998. The tournament will offer eight rounds of competition in the
open division, six rounds in novice and an appropriate number of elimination
rounds. Novice eligibility will be determined by the standards set by CEDA.
All divisions will follow a 9-3-6 format with ten minutes of prep time.
Registration will be from 2-3 at the Debate Office, 19 Old Main. Three
rounds will follow that evening. The fees for the tournament are $65.00 per
team and a limited amount of hired judging may be available at $60.00 per
four rounds hired. The tournament, as always, offer dinners on Friday and
Saturday evenings, assorted snacks throughout and a continental breakfast on
Sunday.
Our general recommendation is that you stay at the LaQuinta Inn,
Airport Corner, Moline IL 61265 (309) 762-9008 or (309) 762-2455 (fax).
There is a block of rooms reserved under Augustana Debate with the block
number #2894; the block will eventually be released to the public. Rooms
are available at a flat rate of $50.00 + tax a night. If you'd like to try
other accommodations, there's a wide variety we can direct you to.
We look forward to seeing you on campus. If there's any way we can
help, please feel free to contact one of us at 800-798-8100, ext. 7717 or
7349 or via email at sphamilton at augustana.edu or spjarvis at augustana.edu.
Heidi Hamilton, Jason Jarvis,
Director Assistant Director
TENTATIVE TOURNAMENT SCHEDULE
Friday, November 6
2:00-3:00 Registration, Old Main 19
3:00-5:00 Round One
5:00-6:00 Dinner
6:00-10:00 Rounds Two and Three
Saturday, November 7
10:00-12:00 Round Four (Preset)
12:00-2:00 Round Five
2:00-4:00 Round Six
4:00-5:00 Dinner
5:00-7:00 Round Seven
Novice Elim
Sunday, November 8
8:00 Coffee and Announcements
8:30-10:30 Round Eight
10:30-11:30 Announcement of Elimination Rounds
11:30-1:30 Varsity Quarters, Junior Semis
1:30-2:00 Awards Assembly
2:00- Elims continue
SCHOOL________________________________PHONE________________________
DIRECTOR______________________________
VARSITY
_____________________________and_________________________________
_____________________________and_________________________________
Judge_______________________________
_____________________________and_________________________________
_____________________________and_________________________________
Judge_______________________________
NOVICE
_____________________________and_________________________________
_____________________________and_________________________________
Judge_______________________________
_____________________________and_________________________________
_____________________________and_________________________________
Judge_______________________________
If you need to hire a judge, please indicate this on the judge line.
ENTRY DEADLINE: Wednesday, November 4.
Heidi Hamilton 800-798-8100, x7717
Dept of Speech Comm 319-386-7941, Heidi's home
Augustana College 309-794-7422, fax
Rock Island, IL 61201
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Reply-To: Catherine.Palczewski at UNI.EDU
To: Team Topic Debating in America <EDEBATE at LIST.UVM.EDU>
From: Catherine Palczewski <Catherine.Palczewski at UNI.EDU>
Subject: UNI aff list part 1
Augustana IL CL: same as below
Augustana IL CW: congress will amend title seven to explicitly
include uniformed military personnel under the definition
"military departments" for the sole prupose of allowing civil
remedies for sexual harassment claims.
Obs 1: SQ
-- Military has sole jurisdiction over sexual harassment
Murray, Spring 1994, California Review of law and Womyns
Studies, "military
regulations...prevent such harassment."
-- Courts refuse to apply Title VII to the military
Murray 94
-- Congressional ambivalence justifies discrim. throughout society
Rogers 1990 (California Law Review, January) (78 Cal. L. Rev.
165)
Plan: Congress will amend Title VII of the Civil Rights act of
1964 to explicitly include uniformed military personnel under the
definition "military departments" for the sole purpose of allowing
civil remedies for sexual harassment claims. We will clarify
intent. Enforcement guaranteed through normal means.
Obs 2: Terrorism
-- Zero-tolerance is a military cover-up
Mazur 1996 (Florida Law Review), (48 Fla. L. Rev. 461)
-- Campbell March 9, 1994 (FNS) "sexual harassment....resolving
complaints"
-- Harassment is a widespread problem threatening military womyn.
Murray 1994
-- Nearly all harassed womyn face negative psychological effects.
Sorenson, Mangione-Lambie, and Luzio, Spring 1998 (California
Western Law
Review) (34 Cal. W.L. Rev. 457)
-- Post Traumatic Stress Disorder afflicts the victims of sexual
harassment
Reuters News Wire, May 1, 1998
Reprinted in FMF feminist News
http://www.feminist.org/news/newsbyte/may98/0504.html
-- Must reject the views that sexual harassment is normal - these
thoughts j
racism/sexism etc.
Olsen, June 1989 (Columbia Law Review) (89 Colum. L. R.ev.
1147)
Obs 3: Solution
-- Congress must act
Murray 1994
-- Punishment key to zero tolerance
Campbell 1994
--Applying Title VII to the military = solve harassment
Griffin, 87 (96 Yale Law Journal 2082)
-- The military is a unique place for the empowerment of womyn
LA Times November 29 1996 "Department of Defense.....unwanted
touching"
-- Applying sexual harassment = signal for society
Griifin 87
-- Must act now through Title VII
Murray 1994
Augustana SD KM: united statesd federal government will amend
title 7 through legislation to create addtional protections agains
gender discrimination in the following manner: congress will
clarigfy theat the intent of title seven is to allow personal /
individual liability in sexual
harassment cases. congrss will add a system of joint and several
liability to the remedies available for the recovery of damages
from sexual harassment.
This system will have no afffect on vicarious liability.
obs:1
sq doesn't allow indidvidual liability
court rulings differ
courts bar individual liabiliy
obs:2
sexual harassment bad
assault and rape
solvency
must amend titile seven
must change law
joint liability solves
individual and structural solutions key
within legislative intent
(musson, univ. of missouri k.c. law rev, 1995)
(lukens, temple law review, 1996)
(Barre-quick, seton hall const.journal, spring 1998)
Augustana SD PW: same as km
Baylor AP: united state federal government will amend title seven
through legislation to change the tests that courts use in
determining same - sex discrimination. Specifically, congress will
reqire that courts evaluate the sexual nature of the conduct
involved in the harassment instead of looking to the sexual
orientation of theose involved.
obs:1
status qou doesn't address same sex harassment
perpetuates harassment of gays
solvency:
amend title 7 key to increasing protections for all
-mcfarland, fordham l.r., october 1996
-angelone, florida jounal of law and public policy, fall 1997
-storrow, american university law review, feb, 1998
-grasse, yale journal of law and feminism, 1995
-linelov, marquette law review, fall 1997
-wehren, case western law review, 1995
Baylor BB: congress will amend title seven to create additional
protections for race and gender by allowing women of color to
prosectute under the intersectoin of race and gender as a single
entity
Current laws deny voice (turner, winter 1995, alabama law review)
Protections uncertain (powell, spring 1996, golden gate univ. law
rev.)
Denying intersectionality creates oppression / powell
Lower courts decreasing existing protections / powell
Jefferies bad / powell
Lower cts won't solve / [powell
Cycle of disempowerment (wilson 1991, cal. law rev)
Title seven key to solve emp disc. (bradford, may 1990, yale law
journal)
Serve patriarchy (winston, may 1991)
Myths of sexuality - should reject (winston, may, 1991)
Perpetuate supremacy / bradford
Legal system privileges whites / grillo and wildman, 1995 CRT: the
cutting edge
Must deconstruct starting with plan (grillo and wildman)
Plan key 1st step in combating racism and sexism (caldwell, 1995,
CRT: the
cutting edge)
Title seven specific (castro and corral, la raza law journal,
1993)
Key to unique identity (inuzuka, july 1991, stanford l.r.)
Title seven specific (deitch, race class and gender, 1996)
Baylor CM: united states should amend section 702 of title 7 - it
shall be unlawful for us based subsidiaries of foreign owned firms
to violatesections 703 and 704 of title seven. Claim the disc.
within Japanese firms against women and minorities, and the
economy / protectionism with
trade war impacts. Additional Japanese currency devaluation
impacts of
depression and war.
Claim to help domestic biz as an answer to bizcon and that the
fact that it is a
treaty modification only congress will get credit / blame of a
clinton d/a.
inherency
treaties protect multinationals in the status quo
immune from discrimination suits
adv. 1 - discrimination
race: japanese employers discriminate against minorities - that
is bad
gender: they also discriminat against women and allow harassment
- that is bad
too
adv. 2 - economy
american's growing protectionist because japanese have exemption
and treat people poorly.
protectionism = trade wars
japanese currency devaluation = depression and war
solvency
congressional action closes the loophole and is needed to stop
discrimination
Isenberg, albany l.r., 1997
Madden, hamline l.r., spring 1997
Mayer, journal of international law and business, fall 1992
Rosner, fordham law review, april 1983 (bfoq stuff)
Concordia KK: require that all govt and private employees under
current jurisdiction of title seen to proved affirmative pregnancy
accommodations for women nderemployment. These accommodations
will provide for all conditions relating to the uniquely maternal
roles of parenting that the mother may with to employ, so as to
ensure that the female's ability to maintain workplace tenure is
not affected. Including but not limited to mandatory leave, wage
recovery, position security, and others as clarified. will be
implemented as a specific pregnancy form of unemployment insurance
as per isaccharoff and rosenblum. Claim that the pregnancy
accommodation act doesn't solve.
Utilitarianism bad.
Job market and disparate impact discrimination. Goes for util.
Bad as d/a ans.
Concordia NF / O: define breast feeding as a protected condition
of pregnancy protected by the pda. employers would be required to
provide reasonable accomodations for breastfedin in the work place
Solvency from danielle shelton, law and inequality
claim health advantage
Concordia JS: the united states federal government will ammend
title seven to create additional protection for pregnant women.
the ammendment will require business to provide accomidations for
breast feeding.
CSFU: the us federal government will ammend title seven secont
703a1 of the civil rights act of 1964 by adding the phrase "or
any combination thereof" to the end to provide a legal construct
in employment discrimination law whcih is responsive to the needs
of individual, especially working women of color.
obs.1
women forced to choose between race and gender
title seven protects white men but not women of color
obs2
individual discrimination
sexual harassment
domestic violence
obs3
patriarchy = war
obs4
change language of statute gives courts clear congressional
direction
solves patriarchy
intersectionality will spread to the states
ENMU LW: congress shall ammend title seven of the 1964 cra by the
following: militarty departments, as provided in secion 2000e -
16e shall include uniformed personnel. this section shall not
preclude classification of combat as a bfoq
obs1 - sexual harassment in military a problem
-military isolates itself from society, whcih stops advancement,
casuing emotion
ald physical harm to women (murray, 1997)
-sexism has replaced racism (lopata 1982)
-title seven primary vehicle for solvency - congress has ignored /
courts silent
(murray, 1997)
-the deo, ucmj, boc are inadequate to solve. Title seven best
solution (roger,
1990)
-discrimination snowballs throughout society and employment,
hurting financial
security and making women second class citizens (rogers, 1990)
sexual harassment vilates fundamental priciples. We have a moral
obligation to
stop. (lesser and dmahue, 1997)
obs.2
-titles seven needs ammendments - current interpretation won't
solve (rogers,
1990)
-application of title seven to military will transform attitued
and create
consistent grievence procedures (rogers 1990)
title seven application solvves all military problems (campbell,
1994)
-plan is best balance (rogers, 1990)
ENMU DK: same as lw
ENMU FG: congress shall pass and president will sign legislatoin
creating additional protections based on gender by ammending
section 703e1 of the 1964 cra to eliminate fetal protection bfoq.
obs1 - johnson controls = increased bfoq
obs2 - applies to 20 million workers
solvency - cite taub in 1996
ENMU GH: plan text identical to lw
Adv 1 - The worst
-- Sexual harassment pervasive and under-reported
Harris, Subtle Sexism 1997
-- Combat exclusion = perception of inequality
Frevola, Connecticut Law Review 1996 (vol.28:621)
-- Chain of Command precludes substanitive discrimination
inquiries
Rogers January 1990(California Law Review) "DOD EOD"
Adv 2 - The Best
-- Precludes leadership positions - should integrate - stopping
conflicts and
escalation
Peach, Wives and Warriors, 1997 (ed. Weinstein)
-- Perpetuation of the war system makes nuclear war inevitable
Kitch 1991, On Peace war and Gender: A Challenge to Genetic
Explinations (Ed.
Anne Hunter)
Cont. 2 - How Stella got her groove back
-- Chain of command procedures fail in SQ
Rogers, January 1990
-- Integration crucial to overturning gender norms that cause
inequality
Morris, Duke Law Journal, February 1996 "military gender norms"
--Applying Title VII solves
Rogers, January 1990
Cont. 3 - And what a groove it is
-- Womyn are psychologically capable of being in the military
Frevola 1996, Connecticut Law Revie, "firefighters"
-- Womyn in the military have 10x less loss time then men
Frevola 1996
all d/a inevitable cuz patriarchy causes war
turn military readiness
Emory HM: the us federal government should amend title seven of
the 1964 cra through legislaiton to prohibit empirical
discrimination based on sexual orientation
Not protected in status quo (varona, winter 98)
Court has ruled that title seven doesn't cover (Richardson, davis
l.r., winter
93)
Direct and indirect disc (byrne (yale law and public policy
review, 1993)
Closet reinforces stigma (shacter, harvard civ rts and civ lib.
L.r., 94)
Bipolar system key to disc. (capers, columbia l.r., june 91)
Props up patriarchy (kendall, ottawa l.r. 1995)
Preserves heirchy and domination (livingsten - rankin on peace,
war, and gender,
1991)
Hate crimes (kahn 97, many faces of gay)
Denied basic civil rights (wolfson, harvard j.l. and public
policy, 1991)
Congress solves (peluso - vandy l.r. nov 93, one step closer)
Signal of acceptability (harvard c.r. - 1989
Reverse perceptions (seveno, cincinatti l.r.winter 1994)
Change attitudes (herek, research implications for public policy,
homosexuality,
1991)
Business will follow (cathcart 1994, gay men and lesbians (gov
doc.) )
Deconstruct heterosexual power structure (kendall)
Model of acceptance (mohr 88)
Neg arguments are morally repugnant
all d/a inevitable cuz patriarchy causes war
internal link turn biz con
movement turns
Florida State HS: united states federal government will extend a
mandatory education and training injunction to title seven as per
the intent of melissa beck.
Harms: breast cancer and violence against women
Solvency: injunction for education increases training
Berk in 94 and Lunsky in 94 are the solveny authors.
Fort Hays RS: (both teams) us shall amend, thru legislation,
title seven of the cra of 1964 to increase protections against
gender discrimination by repalacing generic masculine pronouns
used in title seven with a form of the word they.
-claim title seven uses sexist language, he isn't a generic term,
excludes
women, changing the language decreases sexism, debate is a key
forum.
-claim that the case is goals / criteria, and that takes out any
"non-real
world" disad. - onlyu issues which the legislature would confront
are relevant
-title seven has sexist language - uses "he"
-"he" is no longer a generic term
-excludes women
-changing reduces sexism
-formal communication (debate) is key
-claim theoretical rejection of the oppression of women
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Reply-To: Catherine.Palczewski at UNI.EDU
To: Team Topic Debating in America <EDEBATE at LIST.UVM.EDU>
From: Catherine Palczewski <Catherine.Palczewski at UNI.EDU>
Subject: UNI aff list part 3
Northwestern GL:
Northwestern GS: same as rs
Northwestern JK: include protections against disc based upon
affinity orientation identified and enacted per the
recommendations of aff authors (bennett, alexander) Claims disc.
against gays / lesbians / bisexuals increasing in the status quo,
closet hurts self identity and legitimizes extermination (mohr
88). Legislation key to movement visibility.
Northwestern JK / O: same as jk
Northwestern KP: same as rs
Northwestern NS: same as rs
Northwestern RS: congress will amend title seven , making gender
discrimination aganst uniformed miliratry personnel acti0onalble
under title seven. Congress will create a narrow bfoq for conbat,
as per recommenddations of rogers.
Obs1: sexual harassment in miliraty is widespread - chain of
command eliminates
redress
Obs2:
Violence: women viewed in miliary as sex object = rape, moral
obligation to stop Societal discrimination: combat exclusion =
women percieved as 2nd class citizens. Military key to sparking
widespread societal reform
Obs3:
Title seven would end haraassment, debate issues enough to
decrease bias,
debated = disclosre of alternatives, title seven will force
military to clean up
its act.
Increasing integration decreases stereotypes
Pepperdine GM: protections for sexual orientation. Physical
and psychological impacts, heterosexism bad (explained elsewhere)
Pepperdine MZ: congress will amend title seven of 1964 cra by
mandating that the eeoc amend their guidelines to state that
firiing the accused harasser without additional action is
insufficient to insulate the employer from liability. The EEOC
will also set forth examples of "Appropriate penalties" as
described by vorwerk (sp?). Congress will require that employers
develop and publish grievence procedures for the prompt and fair
resolution of harassment complaints and to abide by these
procedures.
Claim to increase the due process rights of the accused
harasser and to
solve sexual harassment.
Obs1:
Titlse seven failse to safeguard sex harassment defendents -
employers fire the
accused (vorwek, vandy l.r., may 1995)
Obs 2:
It is bad -
Destroys rights
Suicide
Increases existing bias
Hurts victims (issues, consts, and strategic response, 1994
SW Missouri St. U. AK: eliminate time constraints on filing
claims. Claim that loop holes are bad and uniquely
discriminatory.
Solvency in michigan l.r. oct.1992 stegman.
Claim to turn clog arguments through procedure clarification.
SW Missouri St. U. BR : same as en
SW Missouri St. U. EN: uses remedial approach advocated by Laurie
Stegman, (Michigan law rev. oct. 92) charges will be in writing
under oath or
affirmation prior to eeoc investigation. Eeoc then decides
whether or not
to dismiss charges.
Claims the courts not fair in status quo - toss clams because
plaintiff didn't
sign oath when the filed the initial complaint. n/u d/a - some
claims already
dealt with / it is the same approach used under the age disc. act.
Claim that adea works the same way as plan - there are no d/a
Claim that increase fairness by preventin many suits from being
tossed by cts
just vecause plaintiff didn't sign oath when the filed initial
eeoc complaint.
SW Missouri St. U. HW: same as en
SW Missouri St. U. PV: fetal / pregnant women protections (plan
text is a card from milsan)
claim feminization of poverty and gender equity.
Obs1: status quo discriminates against pregnant women
Plan: amend pda
Adv. 1: feminization of poverty - women uniquely impoverished due
to poor jobs
Adv. 2: gender equality - women treated as wombs and forced out
of jobs
Samford BJ: the us federal government will amend title seven to
increasse protections agians t discim on the basis of gender by
making porn actionable as disrim. Enforcement and compliance
gaurenteed.
Claim porn bad (mckinnon)
Solvency (harvard lr 93.)
Southern Cal. HR: same as hs
Southern Cal. HS: section 701k of the cra of 1964 is amended by
inserting "breasstfeeding" after child birth and by adding at the
end the following: "for purposes of this subsection, the term
"breast feeding will mean the feeding of a child directly from the
breast or the expreessoin of milk from the brest by lactating
person.
Obs1: title seven excludes coverage of breast feeding
Obs2: lack of coverage = subordination
Obs3: hurts health of babies and women
Obs4: breast feeding is a constitutional right
Rescher underview
Southern Cal. MS: the us federal government will amend title
seven of the cra of 1964 to create additional progtections against
gender sidscriminatoin by creating a standard of individual
liability for sexual harassment to a standard of negligence when
instances of active company perpetration occur as per aff author
Hager(sp?). -
free speech (brown 91 ohio state l.r.)
-sexual harassment (hager, 98, Conn. L.r.)
- like to straight turn econ.
Texas BS: voluntary aff action (below)
Texas CR: the us federal government shall legislatively amend
title seven in order to create an explicit statutorily codified
exemption for private-sector race conscious affirmative action
programs- plan cites meyer's uniform balance standard, liability
is structured by aff author (hudgins
(sp?) ).
Obs1: Cts will strike down aff action in sq (gaziano, policy
review may/june
98)
Obs2: Racism up - that is bad (oppenheimer, hastings summer 96)
Obs3: Must recognize disc to check genocide
Obs4: Voluntary aff action good (bloch, antidiscrimination law
and minority
employment, 1994)
Texas DN same as eg
Texas EG: the us federal government will amend section 703 a-1 of
title seven of cra of 1964 will read it shall be unlawful for an
employer to fail or refuse to hire or discharge any individual, or
otherwise to discriminate against any individual in respect to his
compensation terms, conditions or privileges of employment,
because of such individuals race, color, religion, gender, sexual
orientation, national origin, or any combination
thereof. Intent of aff author cited (valdts (sp?) )
Obs1: titles secen ign9ores wome of color (castro and corral,
laraza l.j.)
Obs2: discrimination - women of color face unique discrimination
(crenshaw, univ
of chicago legal forum, 1989)
Obs3: lack of intersectionality = domestic violence (crenshaw,
toledo l.r.,
1995)
Obs4: current movement ignores women of color - can't solve in
sq. (robin
west, caring for justice, 1997)
Truman State U. AL: the us federal government will amend title
seven by passing h.r. 3531 to allow mothers to redress grievences
against discrimination imployers tdue to breast feeding. Funding
and enforcement through normal means. Unforseen cost will be
deducted from cia budget. Claims wellness and morality.
Obs1: title seven doesn't protect women who breast feed
Obs 2:
- barrieres to breast feeding now
- breast feeding discrimination increasing and is humiliating
- not allowing breast feeding is a big problem in the workplace
- lack of protection = hostile work environment
- breastfeeding discrimination is a form of sexism
obs3:
- title seven = legal basis for protecting breast feeding
- legislation key to solve
- courts fail
claim that breast feeding increases productivity and economic
growth
women will bring pumps to work - not kids
Truman State U. MW: in order to solve this problem we offer the
followin plan as proposed by robin rogers in the cal. Law rev,
1990...the us federal government will amend titles seven of the
cract of 1964, through legislaiton, to create additional
protections agains gender discriminagtion by adding athe
following: military departments, as provided in section 2000e -
16a1 shall include unif9ormed personnel . this section shall not
prefclude clssification of combat as a bfoq as indentified in
section 2000e - 2e Enforcement through normal means, aff reserves
the right to clarify intent
-military isolates women from society via sexual harassment
-harassment results in lesbianinsm and rape
-rape is bad
-only amendment to title seven can solve
-sexual harassment immoral
US Naval Academy SW: the us federal government will amend title
seven by adding "or any combination thereof" to the end of
section 703 in order to provide a legal construct in employment
discrimination law which is responsive to the needs of
individuals, especially women of color.
Obs. 1: court confused - lacks legal framework to rule on case -
black women
treated like slaves
Obs. 2: Racism / patriarchy, riots, working slavery,
Obs3: domestic abuse / violence
Wake Forest GR: through legislation, the us federal government
shall place foreign treaty employers under the reach of title
seven of the cra of 1964. This legislaion shall supercede any
laws or treaties or subsections there of. We may clarify.
Funding and enforcement as necessary.
Claim protectionism and japansese economy with big growth
Wayne State AS: the united states federal government will amend
the cra of 64 through legislation to ensure women equal access to
combat duty. Establish an enforcement model for discrimination
similar to the eeo procedure for civilian military personnel.
Funding and enforcement through necessary and sufficient means.
Claims harassment and equality.
Argues that economic collapse inevitable.
Hurts econ opportunities, # of jobs, advancement, and civilian
opportunities
Women as victims = resentment, emotional consequences, and social
costs
Wayne State BT
Wayne State GO: fetal protection
Wheaton BW: us federal government will create additional
protections against race and/or gender discrimination by amending
title seven to explicitly state that native Americans exempt from
the statute only in matters involving deferential hiring
practices.
Abused
Danahy, spring 98 florida state univ. law rev.
Greenberg 98
Morris 98
Brennan (internet cite: www.fnsa.org)
Schulz, april 98, yale law journal, april.
Claim some sort of empowerment.
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