[eDebate] a defense of areas over cases

gabe murillo gabejmurillo
Sat May 27 13:03:35 CDT 2006


JT, 

I am relying a lot on a Colbert-ian notion of
truthiness for this stuff b/c I have not had time to
do the research, but here are my thoughts.. 

--- J T <jtedebate at yahoo.com> wrote:

> Of course, you can't just randomly list off
> areas...you need terms of art like "law enforcement"

even if law enforcement was the only area, that seems
huge to me, search and seizure (this includes terry
stops, questions of flight, wiretaps, programs like
carnivore, etc), lethal force, torture, interrogation,
miranda rights, plus all the questions of the WoT... 
  
> "1st amendment protections" "health law"...sorry but
> "1st amendment" is far from broad! 

how many cases would be allowed under a 1st amendment
topic? and I guess I still am curious how you decide
what a 1st amendment case is, whose decision do you
use, etc? and health law? does that include abortion?
ADA?  

>or abortion...how
> broad could that possibily be? Really?  

I don't know (this is my problem with areas... there
isn't a discussion on how broad each area is!) but
since it seems like the literature I've read for that
area uses the terms "reproductive freedom / rights",
I'm not 100% sold on "abortion" being a good term for
an area, I'm not sure that it would include anything
but roe... since the other decisions seem more to
focus on questions of parental consent, mandatory
waiting periods etc, and not the legality of abortion
itself, that may seem trivial, but I think its
definitely something to consider. and if this
intrepretation is true, then reproductive rights
significantly broadens that area. 

> "Equal
> protection" is also a legal term of art

and a huge area for a topic! anything can be argued
under equal protection grounds! disability rights,
gender issues, sexuality issues, race, class, etc etc,
especially given the confusion over who defines the
area of the case! 

> ....I get
> what you're saying, but you and Gabe falsely
> exaggerate the breadth of these areas...

I'm open to be proven wrong... just because things are
terms of art does not make them limiting! espeicially
in the context of the resolutions discussed 

> I have yet to see a good discussion about the length
> of such a list 3 areas, 5? 7? 

if we do have an area topic I can only hope that it is
one area!! I cannot imagine a list of multiple areas
being managable for a lot of teams! I can barely
imagine one area producing predictable debates, much
less multiple 

> I think this
> discussion would go along way to determine the types
> of areas we choose....this is also true for any of
> you who want a list of cases

that is true, I think if areas is the focus we should
focus on what 1 area can provide the amount of aff
flexibility people desire without devistating negative
strategy. 

gabe 

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