[eDebate] Silver linings in the Courts Topic

scottelliott at grandecom.net scottelliott
Thu Aug 17 15:41:44 CDT 2006

I read Kuswa's post about WDI and the evidence produced. It appears there was
more focus on teaching debate than on producing 10,000,000 pages of evidence.
It made me think about the silver linings in this topic--other than the
educational benefits of debating federalism and whether Brazil will model our
federalist system or trying to figure out how overturing Miliken can somehow
prevent nuclear war or genocide (LOL). So, here are some benefits to this topic
that may be overlooked:

(1) The majority of the issues in this topic can be fully researched by
Mid-September. This means students can spend less time researching and more
time on school and/or other social activites. Spend an hour updating your
politcs disad, and you are good to go for the weekend tournament.

(2) Small schools can no longer complain that the borg-schools have a resource
advantage over them. The topic limits the universe of arguments available.

(3) The topic will help to promote the "three-tub" principle, a reality in
modern air travel. I believe a decent team should be able to debate this topic
with only one tub, or a really big backpack.

(4) Teams will see very little chance of being caught off guard by developing
current events. For some reason, I don't think Milliken is going to be
re-argued anytime soon. And, given the increased deference to stare decisis
found in Casey, it does not look like any of these cases, other than Quirn, are
going to change in the near future. A question for those doing research because
I don't have free access to law reviews--what is the most recent law review
advocating overturning Miliken--circa 1985?

(5) More openness and acceptance to K's and performance type cases. The
"standard" case--i.e. a case based on the actual arguments for and against a
decision found in law reviews--will be exhausted by October. I hazard to guess
that even the most die-hard policy judge will be more than willing to see
people reading poetry and performing a Gitmo "beat-down" scence rather than see
their 100th "equal protection for education is good, and illiteracy bad"



Maybe that hate speech topic area resolution wasn't so bad after all.

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