Millard+South+LH+Aff

Millard South LH – Affirmative – Informed Consent – At-Large Team

Informed Consent Aff

Contention One: Inherency Despite the introduction of international guidelines governing human experimentation, they are neither binding nor adequate enough to protect the subject Kelleher 04 (Finnuala Kelleher, Articles Editor, COLUM. J.L. & SOC. PROBS, “The Pharmaceutical Industry's Responsibility for Protecting Human Subjects of Clinical Trials in Developing Nations”, Columbia Journal of Law and Social Problems, Fall 2004, p. L/N.)

Contention Two: Human Exploitation We must start with the present before looking to the past. Africa is a focal point of vaccine development, but although they are shouldering a disproportionate amount of clinical testing, it is unlikely they will have access once it is developed

Berman 04 (Jennifer, “Using the Doctrine of Informed Consent to Improve HIV Vaccine Access in the Post-TRIPS Era”, Wisconsin International Law Journal, Spring 2004, p. L/N.)

However, during this development process, the lack of formal internation regulations for human subject clinical testing creates a race to the bottom at the expense of African rights and lives

Meier 02 Benjamin Mason, LL.M. (International and Comparative Law), Cornell Law School, “International Protection of Persons Undergoing Medical Experimentation: Protecting the Right of Informed Consent”, Berkeley Journal of International Law, 2002, p. L/N.

This abuse is rooted in a derisive history of human experimentation: the “doctors” of the Tuskegee Syphilis Study who watched their patients die in order to study the progression of the disease are no different than the “doctors” who experimented in 15,000 Ugandan AIDS patients in order to develop so-called “prevention measures”

Farmer & Campos 04 (Paul, Nicole Gastineau, “New Malaise: Bioethics and Human Rights in the Global Era”, Journal of Law, Medicine & Ethics, Summer 2004, p. L/N.)

The utilitarian and dehumanizing mentality of the Tuskegee and Ugandan AIDS researchers are no different than those of Nazi researchers who inflict unimaginable suffering on human subjects in the name of scientific advancement

Meier 02 Benjamin Mason, LL.M. (International and Comparative Law), Cornell Law School, “International Protection of Persons Undergoing Medical Experimentation: Protecting the Right of Informed Consent”, Berkeley Journal of International Law, 2002, p. L/N.

Additionally, the silence of the medical establishment to recognize this abuse for what it is, is nothing short of complicity with the Nazi ideology

Meier 02 Benjamin Mason, LL.M. (International and Comparative Law), Cornell Law School, “International Protection of Persons Undergoing Medical Experimentation: Protecting the Right of Informed Consent”, Berkeley Journal of International Law, 2002, p. L/N.

PLAN: In order to substantially increase public health assistance to the topically designated areas, the United States federal government should amend the Common rule for the protection of human subjects to include the principles and benchmarks of the Fair Benefits Framework to be used in all government funded and sponsored pharmaceutical drug trials conducted in the topically designated areas. We reserve the right to clarify.

Contention Three: Solvency The Fair Benefits Framework solves the faults of current clinical trials by guaranteeing benefits to the entire community, rather than just those that can afford it, empowering African countries in negotiations through collaborative partnerships and ensuring transparency in the human subject clinical trial process

El Setouhy et. al. 04 (Maged, Department of Community, Environmental and Occupational Medicine at Ain Sham’s University, “Moral Standards for Research in Developing Countries: From ‘Reasonable Availability’ to ‘Fair Benefits’”,

And, this uniquely checks back exploitation of human subject populations – Multiple reasons

El Setouhy et al 2004 (Maged, Department of Community, Environmental and Occupational Medicine at Ain Sham’s University, “Moral Standards for Research in Developing Countries: From ‘Reasonable Availability’ to ‘Fair Benefits’”, The Hastings Center Report, Vol. 34, No. 3. (May – June., 2004), pp. 17-27)

Additionally, the genealogical analysis of human experimentation in the 1AC acts as the only means to alter the current political system without either erasing our historical transgressions or promising unachievable utopian fulfillment

Dean 99 (Mitchell Dean, Professor, Sociology, Macquarie University, GOVERNMENTALITY: POWER AND RULE IN MODERN SOCIETY, London: Sage, 1999, p. 44.)

Finally, this genealogy is key to understanding the ills of the status quo, thereby giving us the tools to cure them – we must recognize ourselves as historically situated to create sound policies

Brown 98 (Wendy, The Later Foucault: Politics and Philosophy Ed. Jeremy Moss, “Genealogical Politics” Sage, p.38)

Contention 4: Framework

Any negation must present both a policy option and a geneological analysis of that option. This is net beneficial for 4 reasons:

1) Competitive Equity – Ensuring that both sides present similar methods of evaluation checks side bias

2) Ground – The negative has an infinite number of options, we only require that they present their argumentation with a specific form of analysis attatched to it. Counterplans, DAs, Case Args and Ks with a policy alternative are all viable.

3) Topic - Specific Education – Our framework ensures analysis of the topic is not superficial to only status quo problems, but that the underlying and historical causes of faulty public health assistance are evaluated as well. Any other framework only skims the surface of education.

4) Genealogy – Our genealogy evidence provides a unique context from which to evaluate the round and acts as a disadvantage to any competing framework. In order for them to win their framework they must either prove geneaology is bad or that it is unnecessary to understand the positions presented by the negative.

Additionally, we will argue that the Affirmative reserves the right to choose the round’s framework. This is best for three reasons:

1) Fairness – Aff choice preserves the value of the 1AC. Allowing the negative to choose the framework moots our entire first speech act, giving them a 2 to 1 constructive advantage. This is a unique strategy and the time skew that would merit rejection.

2) Predictability – The affirmative is tied to their contention for framework in the 1AC. There is no way to predict the multiple shifts in advocacy and strategy that result form a shift in framework. A lack of predictable limits destroys debate, in that competition is not possible if no one is prepared.

3) Education – Having a set framework from the beginning of the round allows us to focus on the merits of the plan and have more substantive debates. This increases topic knowledge and overall education, which is the purpose of debate as a whole.

2AC Add-ons Vaccines Key to solve AIDS Vaccines Key to solve Bird Flu

Landmines Aff

Millard South LH – Affirmative – Landmines – At-Large Team

CONTENTION ONE: INHERENCY

CURRENT LANDMINE POLICY IN THE UNITED STATES FOCUSES ON LANDMINES AS A SECURITY ISSUE, DESTROYING OUR ABILITY TO PRIORITIZE AND ALLOCATE RESOURCES PROPERLY BECAUSE IT FORCES ALL ASSISTANCE TO BE SEEN IN THE CONTEXT OF NATIONAL SECURITY INSTEAD OF PUBLIC HEALTH

Kidd 04 Richard Acting Deputy Assistant Secretary for Political-Military Affairs (April 2007, Remarks at the Humanitarian Min/UXO Clearance Technology and Cooperation Workshop http://www.state.gov/t/pm/rls/rm/32774.htm)

AND, THIS APPROACH IS FLAWED – LANDMINES ARE A SUBSTANTIAL PUBLIC HEALTH PROBLEM THAT UTILIZES LARGE PROPORTIONS OF HOSPITAL RESOURCES. EVEN IF THE MILITARY USE OF LANDMINES CEASED, THE PUBLIC HEALTH CONCERNS WOULD REMAIN

Kakar 95 (Faiz, Dr., Chair of the Stop TB partnership Direct and Indirect consequences of landmines on public health, p. http://www.essex.ac.uk/armedcon/story_id/000344.pdf)

CONTENTION TWO: ADVANTAGES

ADVANTAGE 1 – THE BODY

THE IMPACT OF LANDMINES IS NOT JUST DEATH BUT SOCIAL OSTRACISM AND DEHUMANIZATION DUE TO FORCED DISABILITY

Geiger & Giannou 95 (“Clearing The Fields Solutions to the Global Land Mines Crisis” H. Jack Geiger, M.D., president of Physicians for Human Rights, professor of community medicine @ City University of New York Medical School.; Chris Giannou, M.D., former consultant surgeon International Committee of the Red Cross, Published by Basicbooks and The Council on Foreign Relations New York. 1995, questia pg. 135)

AND, THIS SOCIAL PERCEPTION OF THE DISABLED AS LESS THAN HUMAN IS PARTICULARLY BAD IN SUB-SAHARAN AFRICA, WHERE THEY ARE SUBJECTED TO SEXUAL VIOLENCE, DISEASE, AND PHYSICAL ABUSE, WITH NO RECOURSE AVAILABLE

McElligott 03 Margaret, assistant managing editor of AllAfrica.com, 12/2/03 (“Africa: Disabled People 'at Significantly Increased Risk' of HIV Infection” AllAfrica.com http://allafrica.com/stories/200312020521.html)

AND, THIS THINKING RESULTS IN A POLITICS OF GENOCIDE THAT JUSTIFIES STATE-SPONSORED RACIST VIOLENCE IN ORDER TO GUARANTEE NORMALCY

Hughes 02 Bill, Professor of Social Policy at University of Glasgow (Disability Studies Today, 2002, p. 60-2)

ADVANTAGE TWO – THE BORDER

LANDMINES UPHOLD STATE SECURITY DISCOURSE CENTERED AROUND NOTIONS OF SOVEREIGNTY BY PROVIDING A DETERRENT TO KEEP “ENEMIES” AT BAY

De Larrinaga & Sjolander 98 (Miguel and Claire T., Asst. Profs. Of PolySci, U of Ottawa, “Re-Presenting Landmines from Protector to Enemy.” To Walk Without Fear: The Global Movement to Ban Landmines, Oxford University Press, 1998)

AND, THE REINFORCEMENT OF THE BORDERS OF AFRICAN STATES JUSTIFIES THE LEGACY OF COLONIALISM DUE TO THEIR ARTIFICIAL NATURE, RISKING THE EXTINCTION OF AFRICA

Mutua 95 (Makau wa, Visiting Professor, Harvard Law School, Director of the Human Rights Center, and Chair o f the Kenya Human Rights Commission, “WHY REDRAW THE MAP OF AFRICA: A Moral and Legal Inquiry,” Michigan Journal of International Law, Summer, 1995, L/N)

ADVANTAGE THREE – POSITIVE PEACE

EVEN AFTER THE GUNS HAVE STOPPED FIRING, LANDMINES WAIT AS SILENT SENTINELS PREPARED TO KILL ANYONE WHO PASSES BY, EVEN YEARS AFTER “PEACE” HAS BEEN DECLARED

Anderson 95 (“Clearing The Fields Solutions to the Global Land Mines Crisis” Kenneth Anderson director of the Arms Project of Human Rights Watch Published by Basicbooks and The Council on Foreign Relations New York. 1995, questia pg. 17)

AND, A FOCUS ON CRISIS POLITICS AS THE SOLE CREATION OF WAR-BASED AGGRESSION IGNORES THE VIOLENCE THAT OCCURS IN EVERYDAY LIFE AS A RESULT OF WAR

Cuomo 96 (Chris J., Associate Professor of Philosophy and Member of the Women’s Studies Program @ University of Cincinnati, “War Is Not Just an Event: Reflections on the Significance of Everyday Violence”, Hypatia, Vol. 11, Iss. 4, Fall, Proquest)

THUS THE PLAN:

The United States federal government should substantially increase public health assistance to topically designated areas by establishing a comprehensive and integrated health program aimed at prevention, treatment and rehabilitation of landmine injuries in the topically designated areas. Prevention measures will specifically focus on the use of multi-sensor demining technology. We reserve the right to clarify.

CONTENTION 3: SOLVENCY

FIRST, DE-MINING AS A PREVENTATIVE MEASURE SAVES LIVES, REDUCES MEDICAL EXPENSES, INCREASES AGRICULTURAL OUTPUT, AND REDUCES PSYCHOLOGICAL TRAUMA

Elliot & Harris 01 (Gareth and Geoff, Landmines and De-mining Researcher, South African Institute of International Affairs, Braamfonte in, South Africa; and Professor, School of Economics and Management, University of Natal, Durban, South Africa, “Cost-Benefit Analysis of Landmine Clearance,” Development Southern Africa, Vol. 18, No. 5, December)

SPECIFICALLY, MULTI-SENSOR DE-MINING IS CRITICAL TO PREVENT FUTURE INJURIES

MacDonald 03 (Jacqueline, member of RAND, Alternatives for Landmine Detection, p. 64)

AND, BILATERAL VICTIMS ASSISTANCE GIVES LONG TERM TERATMENT AND ENCOURAGES SOCIAL REINTEGRATION AND REHABILITATION

Fraser 04 Ph.D. Candidate at UC Irvine, (Leah, “Evaluating the impacts of the Ottowa Treaty International Politics and War’s Hidden Legacy, p. 193)

ADDITIONALLY, OUR DISCOURSE ACTS AS THE CATALYST FOR A HUMANITARIAN COUNTER-DISCOURSE AGAINST SECURITIZED LANDMINES

De Larrinaga & Sjolander 98 (Miguel and Claire T., Asst. Profs. Of PolySci, U of Ottawa, “Re-Presenting Landmines from Protector to Enemy.” To Walk Without Fear: The Global Movement to Ban Landmines, Oxford University Press, 1998)

AND, THIS SPECIFICALLY SOLVES BECAUSE HUMANITARIAN DISCOURSE REJECTS STATISM, SOLVES SECURITY CONSTRUCTIONS, DELIMITS RHETORICAL ARENAS, AND UNDERMINES CLAIMS OF MILITARY UTILITY OF LANDMINES

De Larrinaga & Sjolander 98 (Miguel and Claire T., Asst. Profs. Of PolySci, U of Ottawa, “Re-Presenting Landmines from Protector to Enemy.” To Walk Without Fear: The Global Movement to Ban Landmines, Oxford University Press, 1998)

AND, DEBATE OFFERS THE KEY SPACE TO INTERROGATE OUR ASSUMPTIONS ABOUT DISEASE IN AFRICA. WHILE IDEOLOGUES ON THE LEFT AND RIGHT RUSH TO ISOLATE THE CAUSE AND PRODUCE CURES FOR COMPLEX AND INTERRELATED ISSUES AFFECTING AFRICA, OUR PLAN OFFERS A DIFFERENT FOCAL POINT FOR THE DISCUSSION OF PUBLIC HEALTH. EXPERIENCING LANDMINES FROM AN EPIDEMIOLOGICAL FRAMEWORK OFFERS THE MOST PRODUCTIVE WAY TO MOVE THE CONVERSATION FORWARD

Gruhn 96 Professor of Politics at UC Santa Cruz (Isebill V. Dec. The Journal of Modern Africa Studies. Landmines: An African Tragedy. 34(4) p. JSTOR)

CONTENTION FOUR: FRAMEWORK

IN ORDER TO ADEQUATELY ADDRESS THE ISSUE OF LANDMINES WITHIN A HUMANITARIAN CONTEXT, WE PROPOSE THAT ANY NEGATION MUST PROVIDE A POLICY OPTION IN THE CONTEXT OF HUMAN RIGHTS RATHER THAN POLITICAL CONSEQUENCES. THIS IS NET BENEFICIAL FOR FOUR REASONS:

1. COMPETITIVE EQUITY – ENSURING THAT BOTH SIDES PRESENT SIMILAR METHODS OF EVALUATION CHECKS ANY UNIQUE SIDE BIAS.

2. GROUND – THE NEGATIVE HAS AN INFINITE NUMBER OF OPTIONS AVAILABLE TO THEM, WE ONLY REQUIRE THAT THEY PRESENT THEIR ARGUMENTATION WITH A SPECIFIC FORM OF ANALYSIS ATTACHED TO IT. COUNTERPLANS, DISADVANTAGES, CASE ARGUMENTS AND KRITIKS WITH A POLICY ALTERNATIVE ARE ALL VIABLE OPTIONS.

3. TOPIC-SPECIFIC EDUCATION – OUR FRAMEWORK ENSURES THAT ANALYSIS OF THE TOPIC IS NOT SUPERFICIAL TO BODY COUNTS, BUT THAT THE SOCIAL CONSEQUENCES OF PUBLIC HEALTH ASSISTANCE ARE EVALUATED AS WELL. ANY OTHER FRAMEWORK ONLY SKIMS THE SURFACE OF EDUCATION.

4. MORALITY – ONLY A RIGHTS-BASED APPROACH PROVIDES A MEANS TO EVALUATE ASSISTANCE WITHOUT CEDING THE DEBATE TO POLITICIZED IMPLEMENTATION – ANYTHING LESS JUSTIFIES STITTING BY AS GENOCIDE OCCURS – RWANDA AND KOSOVO PROVE.

Horwood 03 (“Ideological and analytical foundations of mine action: human rights and community impact” Chris Horwood assoc. UN Assistance Mission for Afghanistan Third World Quarterly, Vol 24, No 5, pp 939–954, 2003)

AND, THE AFF SHOULD GET TO CHOOSE THE FRAMEWORK FOR THREE REASONS:

1. FAIRNESS – AFF CHOICE PRESERVES THE VALUE OF THE 1AC. ALLOWING THE NEGATIVE TO CHOOSE MOOTS OUR ENTIRE FIRST SPEECH ACT, GIVING THEM A 2 TO 1 CONSTRUCTIVE ADVANTAGE. THIS IS A UNIQUE STRATEGY AND TIME SKEW THAT MERITS REJECTION.

2. PREDICTABILITY – THE AFFIRMATIVE IS TIED TO THEIR CONTENTION FOR FRAMEWORK IN THE 1AC. THERE IS NO WAY TO PREDICT THE MULTIPLE SHIFTS IN ADVOCACY AND STRATEGY THAT RESULT FROM A SHIFT IN FRAMEWORK. A LACK OF PREDICTABLE LIMITS DESTROYS DEBATE, IN THAT COMPETITION IS NOT POSSIBLE IF NO ONE IS PREPARED.

3. EDUCATION – HAVING A SET FRAMEWORK FROM THE BEGINNING OF THE ROUND ALLOWS US TO FOCUS ON THE MERITS OF THE PLAN AND HAVE MORE SUBSTANTIVE DEBATES. THIS INCREASES TOPIC KNOWLEDGE AND OVERALL EDUCATION, WHICH IS THE PURPOSE OF DEBATE AS A WHOLE.