Let me say first that I am very impressed with what you produced. I think there are many more potential topics that exist for our first effort at these briefs (indeed, I have over 30 on my list that I liked) but I've done my best to prioritize these based on what I perceive to be their utility and relevance.
The topics are listed roughly in priority order, though it may be more accurate to say that I like the first 7 a bit better than the second 7. That said, any of these are available for you to select as the subject of your first effort at this. I'll take topic selections generally on a first-come, first-served basis, but you may want to note if a particular topic was your suggestion and if you have insight/interest that would be worth preferencing. I'll update this blog post as necessary to identify who has selected which topics. Please provide me with three topic selections listed in your order of preference.
A reminder about the guidelines for these briefs: remember that you're not only preparing a brief, but a symposium on your topic. You should prepare an outline of your topic (4 pages--let me know if you need more) and some experiential approach to familiarizing us with the topic (a debate, an exercise, etc.). The topic will be the focus of an entire night's practice, so you should be prepared to assist your teammates with thoroughly immersing themselves in the subject matter. Particularly useful will be any effort to identify broadly applicable/useful/relevant principles, standards or approaches that derive from your topic.
Remember that first drafts are due by August 10 and final briefs are to be completed by August 26. I'll be happy to look at earlier efforts; I'm back in the office after July 5 so you'll get a more rapid response after that.
--------------------------------------------------
1. Property Rights - COLIN HAUGHEY
A look at the foundations of individual autonomy. Focus should be on what constitutes “property,” the grounds on which the state may appropriate property and a consideration of both the libertarian justification of individual ownership/control of property as well as an examination of the major countervailing theories of property (ie: socialism).
THW tax intellectual property.
THW legalize the sale of human organs.
THW legalize prostitution.
THW tolerate consensual cannibalism.
THW allow individuals to sell their votes.
2. Religion and the State - DREW CASON
This is a consideration of the appropriate and extant roles of the state with regard to religion. Most are familiar with the Jeffersonian “wall of separation,” but when does the state have the right to intervene in religious affairs? How do other WLDs accommodate religion? Can a theocracy tolerate other religions?
THW tax churches that make a profit.
THBT children should be excluded from all religion until adulthood.
THBT the state should cease to recognize the specific right to religious freedom.
THB the criminal justice system should use only secular rehabilitation programs.
THW distribute developmental aid through religious organizations rather than the state.
THW ban all religious involvement in schools.
THW compel priests to divulge the details of confessionals in criminal trials.
THBT governments of liberal democracies should vociferously condemn states that ban the burqa.
TH opposes organized religion.
THW require organized religions to pay reparations to women for facilitating their oppression.
THBT the government should forcibly remove women and children from extremist religious communities.
3. Postmortem rights - AMIE STANLEY
Making the case for individual rights is relatively easy when your subject is alive, but what about an individual’s rights after death? Here you may consider the law as it protects those rights expressed (ie: wills, probate, etc.) but also how the law deals with situations where the deceased’s intentions are not made clear.
THW make the post-mortem donation of organs compulsory without exception.
THBT courts should not enforce wills that discriminate on the basis of race.
THW prohibit the conception of children using the genetic material of someone who has died.
4. Stewardship, custody, duty of care
In what cases does the state bear a responsibility to act on another’s behalf? What standards exist for making such a determination? What about when another’s claims to care conflict with the state’s?
THW grant the state the exclusive right to make decisions on behalf of the mentally ill.
THW prosecute parents who take their children to another legal jurisdiction in order to carry out an act which is illegal in their home country.
THBT senior citizens should be financially supported (when required) by their adult children.
5. Procedural Justice/Due Process - WILEY CASON
A distinction is often made between just means and just outcomes. In the context of the legal system—particularly criminal justice—the means often are prioritized above the ends. How do we balance procedural justice with seeking just outcomes? What protections for procedural justice exist? When may the concern for procedural justice be set aside?
THW allow the use of entrapment.
THW ban the use of evidence acquired from countries who practice torture.
THW allow the use of racial profiling by police forces.
THW allow the use of aggressive entrapment techniques to identify and foil potential terrorists.
THBT the state should prosecute cases of sexual assault even without the victim’s consent.
THW condition all plea bargains to the victim’s consent.
THW instruct jurors to acquit where they believe conviction not to be in the pubic interest.
THW compel priests to divulge the details of confessionals in criminal trials.
6. Paternalism - AMIE STANLEY
Libertarians believe that paternalism has no place in government. Others believe that a government bears a responsibility to protect individuals from themselves. What does liberty mean in the context of a concern for the value and sanctity of human life? Beyond the “swing your fist” argument, by what standards should we determine if paternalistic goals are appropriate in legislation?
THW use the educational system to establish norms in children beyond mere obedience to the law.
THW require schools to teach safe sex education from age 10 regardless of parental consent.
THW allow companies to refuse to hire smokers.
THW pay morbidly obese people to lose weight.
THW not allow fast food companies to give away toys with unhealthy meals.
THW remove all sin taxes.
7. Human Rights - SARAH CARPENTER
Often we refer to human rights as a warrant for state action. Other times, we’re called upon to consider expanding those things that we already recognize as human rights. A more clear understanding of these rights would be useful. What are “human rights?” From where do they emanate? What are examples of where human rights have been codified? What are the “three generations of human rights?”
THW recognize a human right to a basic standard of living.
THB that access to the internet should be a human right.
THB that housing should be a fundamental human right.
8. Reproductive/Parental Rights - AMY PARRENT
Do individuals have a “right” to be parents? If so, must the state provide that opportunity for individuals (ie: is it a positive right?) or must the state merely not prevent individuals from procreating (ie: negative rights). How do the rights of an individual (or individuals) to parent interact with the obligation of the state to protect the vulnerable (ie: the potential child)?
THW refuse artificial insemination to single women.
TH supports the selection of human embryos on the basis of any advantageous genetic characteristics.
THB that adoption agencies that receive state funding should give priority to same sex couples and infertile couples.
TH prefers that children of racial minorities be adopted by parents of that race.
THBT in the case that the biological parents decide to terminate a pregnancy, the surrogate mother should assume responsibility/final choice for the child’s future.
9. Poverty/Wealth Disparity - BRETT FRAZER
How is wealth distributed throughout the world? Which are the most equal societies and why? What undesirable outcomes does poverty produce? Is there such a thing as a “cycle” of poverty, or can individuals pull themselves up by their bootstraps? What causes poverty and what successfully alleviates it?
THW require people to work in return for welfare payments.
THW reduce welfare payments to parents whose children break the law.
THW make fines relative to wealth.
THW give more votes to the poor.
10. Children's Culpability & Autonomy - SARAH CARPENTER
We have considered the age of majority in previous briefs; the focus of this brief should be on the degree to which we expect children to look after their own interests. Are there developmental markers that allow us to determine when an individual becomes responsible for his or her own actions? Can we assign culpability in degrees based on age? What right do children have to be left alone? How do we let children assert this right?
THBT fear should not be used as a means of propagating religion to children.
THW grant birthright citizenship for children of illegal immigrants.
THW try juveniles accused of particularly heinous crimes as adults.
THW not force children to sing the national anthem in schools.
THBT children should be excluded from any religion until adulthood.
THW punish parents for their children’s crimes.
11. State & Sports
This brief can’t hope to inform individuals about the fundamentals of every sport to identify common characteristics of what constitutes sport. That said, a brief about the value of sport to a society (ie: is sport a public good?) and the role of the state in managing sport would be useful. This brief should consider both public/national teams (ie: Olympic athletics) and private (ie: professional leagues) conceptions of sport.
THW implement quotas for domestic players in national football leagues.
THBT national sports teams should reflect the diversity of the national population.
THW prosecute players who commit flagrant fouls for assault.
THW give equal rights to the football legionnaires in the EU.
THW impose a salary cap for the players of professional sports teams.
12. Nationalism - DREW CASON
Political collectives are defined by adherence to a common ideology. When does a state have the right to protect that common ideology and what costs will be tolerated in that effort? What is the relationship between culture and the state? To what degree (and under what conditions) does self-interest trump obligations to assist others?
THBT states should actively support the practice of homegrown religion.
THBT governments should block the foreign takeover of important companies.
THB that governments should not fund art forms of foreign origin.
THW implement quotas for domestic players in national football leagues.
THBT EU member states should allow for domestic referendums on all constitutional changes to the EU. (2008 Australian)
THBT developed countries should not accept skilled migrants from developing countries.
TH supports state initiatives to define a national cultural identity.
13. Affirmative Action - BRETT FRAZER
What obligation does a state have to address inequity in society? What are the various grounds on which a state justifies acting to provide preference to a particular group? How does equality of opportunity differ from equality of outcomes? Are there examples of successful efforts at affirmative action? Unsuccessful?
THW allow the defendants that belong to a minority group to choose to be judged by a jury composed exclusively of other members of their same minority.
THW set quotas for female representatives on national legislatures.
THW mandate a quota for women on the boards of large corporations.
14. Medical Autonomy - AMY PARRENT
To what degree should individuals be allowed to make their own choices when seeking medical treatment? How does the state’s duty of care and the medical profession’s imperative to “do no harm” reconcile with this autonomy? Are there clear ethical frameworks that assist us to make these difficult choices?
THW remove the right to refuse medically-necessary treatment.
THW grant the mentally ill and their families the right to refuse medical treatment.
THW make cosmetic surgery illegal.
TH favors compulsory HIV testing.
