Michigan-Pappas-Allen-Neg-USC-Round4

Michigan-Pappas-Allen-Neg-USC-Round4 - R4 NEG V OKLAHOMA MM...

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R4 NEG V. OKLAHOMA MM
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1NC
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1NC T The aff’s not topical: A. Increase is net increase Rogers, 5 (Judge, STATE OF NEW YORK, ET AL., PETITIONERS v. U.S. ENVIRONMENTAL PROTECTION AGENCY, RESPONDENT, NSR MANUFACTURERS ROUNDTABLE, ET AL., INTERVENORS, 2005 U.S. App. LEXIS 12378, **; 60 ERC (BNA) 1791, 6/24, lexis) [**48] Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational change that "increases" emissions, it is silent on how to calculate such "increases" in emissions. 42 U.S.C. § 7411(a)(4). According to government petitioners, the lack of a statutory definition does not render the term "increases" ambiguous, but merely compels the court to give the term its "ordinary meaning." See Engine Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13; Am. Fed'n of Gov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [*23] (D.C. Cir. 2000). Relying on two "real world" analogies, government petitioners contend that the ordinary meaning of "increases" requires the baseline to be calculated from a period immediately preceding the change. They maintain, for example, that in determining whether a high-pressure weather system "increases" the local temperature, the relevant baseline is the temperature immediately preceding the arrival of the weather system, not the temperature five or ten years ago. Similarly, [**49] in determining whether a new engine "increases" the value of a car, the relevant baseline is the value of the car immediately preceding the replacement of the engine, not the value of the car five or ten years ago when the engine was in perfect condition. B. Authority is distinct from power—action must target the permission delegated by a principal Taylor, 96 – professor of law at Georgia State (Ellen, “New and Unjustified Restrictions on Delaware Directors' Authority” 21 Del. J. Corp. L. 870 (1996), Hein Online) The term authority is commonly thought of in the context of the law of agency , and the Restatement (Second) of Agency defines both power and authority.'89 Power refers to an agent's ability or capacity to produce a change in a legal relation (whether or not the principal approves of the change), and authority refers to the power given ( permission granted ) to the agent by the principal to affect the legal relations of the principal; the distinction is between what the agent can do and what the agent may do . B. Vote neg— 1. The topic is the basis for neg prep which is key to engage affs without unreasonable demands on 2Ns—educational debates with realistic workloads are key to any vision for the activity—also directly key to participation. 2. War powers debates are good—without topicality, there’s a competitive incentive to avoid them and the neg ground associated— First, they give undergrads an opportunity to uncover a debate that would otherwise be stifled in public—that challenges conventional wisdom on a timely controversy Kurr 2013 – Ph.D. student in the Communication Arts & Sciences program at
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Christopher Reinemann
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