F2 – Block Headings - Wikispacesddi09.wikispaces.com/file/view/DDI09.T.Generic.doc · Web viewTopicality . Topicality 1 DEFINITIONS 5. RESOLVED 5. Resolved=fixed 5. Resolved=make

TOPICALITY Dartmouth 2K9GENERIC Textually Frustrated

Topicality

Topicality..........................................................................................................................................................1***DEFINITIONS***.....................................................................................................................................5RESOLVED.....................................................................................................................................................5Resolved=fixed.................................................................................................................................................5Resolved=make a decision...............................................................................................................................6COLON............................................................................................................................................................7THE..................................................................................................................................................................8UNITED STATES...........................................................................................................................................9United States=50 states + Territories...............................................................................................................9United States=federal union...........................................................................................................................11United States includes Territories..................................................................................................................12FEDERAL......................................................................................................................................................14Federal=central government...........................................................................................................................14Federal=power divided...................................................................................................................................15GOVERNMENT............................................................................................................................................16Government=control......................................................................................................................................16USFG..............................................................................................................................................................17United States federal government= all 3 branches.........................................................................................17SHOULD........................................................................................................................................................18Should=non binding.......................................................................................................................................18Should=obligatory..........................................................................................................................................19Should= past tense of shall.............................................................................................................................20Should isn’t past tense of Shall......................................................................................................................21SUBSTANTIALLY.......................................................................................................................................22Substantially=great degree.............................................................................................................................22Substantially isn’t essentially.........................................................................................................................23Substantially=essentially................................................................................................................................24Substantially=meeting requirements..............................................................................................................25Substantially=Considerable............................................................................................................................26Substantially=important.................................................................................................................................27Substantially =Material in Quantity...............................................................................................................28Substantially= 2%...........................................................................................................................................29Substantial= 5%..............................................................................................................................................30Substantially=20%..........................................................................................................................................31Substantially = 30%........................................................................................................................................32Substantially = 50%........................................................................................................................................33Substantially= 85%.........................................................................................................................................34Substantially = 90%........................................................................................................................................35INCREASE....................................................................................................................................................36Increase= to make greater...............................................................................................................................36Increase=monetary.........................................................................................................................................37SOCIAL SERVICES......................................................................................................................................38Social Services= improve living standards....................................................................................................38

Marissa, Saad, Emma, Shaniqua, Tom, Tanay, Robots, Chris, Sayaan, Zhenzhen, Emily, Colin, and Courtney 1


Social Services=assistance to disadvantaged.................................................................................................39Social Services=promote well being..............................................................................................................40Social Services=government action...............................................................................................................41Social Services=Welfare................................................................................................................................42Social Services=Local....................................................................................................................................43Social Services Mean Aid to the Disadvantaged............................................................................................44Social Services=individual contact................................................................................................................46Social Services= Health and education..........................................................................................................47Social Services=Social Workers....................................................................................................................48Social Services are a lot of things (AFF CARDS).........................................................................................50Social Services are nearly everything!! (AFF CARDS )...............................................................................51Social Services- more AFF CARDS..............................................................................................................52Social Service =Abortion Access...................................................................................................................54Social Services- Title XX...............................................................................................................................55Social Services=Legal Services......................................................................................................................56SOCIAL..........................................................................................................................................................57Social=people.................................................................................................................................................57SERVICE.......................................................................................................................................................58Service = help.................................................................................................................................................58FOR................................................................................................................................................................59For ≠ Exclusive..............................................................................................................................................60PERSONS......................................................................................................................................................61Persons excludes non-residents......................................................................................................................61Persons= human beings..................................................................................................................................62Persons=living people....................................................................................................................................63Persons Aren’t Corporations..........................................................................................................................64Persons can be Coorporations........................................................................................................................65LIVING..........................................................................................................................................................66Living = Alive................................................................................................................................................66Living=existent...............................................................................................................................................67In=within........................................................................................................................................................68POVERTY......................................................................................................................................................69Poverty= lack of essentials.............................................................................................................................69Poverty=minimal standard of living...............................................................................................................70Poverty=not just monetary.............................................................................................................................71Poverty=lack of choice...................................................................................................................................72Poverty=no support........................................................................................................................................73Poverty=being poor........................................................................................................................................74Poverty=defined by poverty line....................................................................................................................75Poverty=Lack of Money.................................................................................................................................76Poverty=Lack of Well Being..........................................................................................................................77Poverty is a deprivation in well being............................................................................................................77Poverty = Lack of Basic Needs......................................................................................................................78Fed Poverty Line Good..................................................................................................................................79Federal Poverty Line Bad...............................................................................................................................80



***Specific Topicality Arguments***...........................................................................................................821NC Increase isn’t Removing a Barrier.........................................................................................................821NC US = 50 States........................................................................................................................................832NC US=50 States Overview.........................................................................................................................841NC United States Excludes Indian Nations..................................................................................................852NC United States Excludes Indian Nations..................................................................................................861NC Increase Not Create................................................................................................................................872NC Increase Not Create Overview...............................................................................................................882NC Increase Not Create................................................................................................................................891NC Substantial Increase is 30%...................................................................................................................901NC Substantial = 90%..................................................................................................................................912NC Substantial= 90% Overview..................................................................................................................921NC Social Services= Social Workers...........................................................................................................932NC Social Services = Social Workers Overview.........................................................................................941NC Persons=Humans...................................................................................................................................952NC Persons=Humans...................................................................................................................................961NC Persons Aren’t Corporations..................................................................................................................972NC Persons Aren’t Corporations Overview.................................................................................................98INC Poverty = Fed Poverty Line....................................................................................................................992NC Poverty= Fed Poverty Line Overview.................................................................................................100AT: Counter-Interpretation – Poverty = Basic Needs..................................................................................101Poverty=Fed Poverty Line Violation Booster – Military.............................................................................102Poverty=Fed Poverty Line Violation Booster – Prisons..............................................................................1031NC Social Services EXCLUDE Medical Care/Welfare/Education..........................................................1042NC Social Services EXCLUDE Medical Care/Welfare/Education Overview..........................................105Social Services EXCLUDE Medical Care/Welfare/Education A2: Counter Interp....................................1061NC Social Services exclude land grants, wage payment, healthcare, education, child care and welfare. .1072NC Social Services Exclude Land Grants etc. Overview..........................................................................108Social services Exclude Land Grants etc. A2: Counter Interpretation.........................................................1101NC Increase = Add to existing...................................................................................................................111

***STANDARDS***..................................................................................................................................113FX T Good....................................................................................................................................................113FX T Bad......................................................................................................................................................114Extra T Good................................................................................................................................................115Extra T Bad..................................................................................................................................................116AT Reverse Voting Issue.............................................................................................................................117AT Our Case is the Only Topical Case........................................................................................................118Education O/W Fairness...............................................................................................................................119Grammar O/W Limits..................................................................................................................................120Potential Abuse is a Voting issue.................................................................................................................121Potential Abuse is not a Voting issue...........................................................................................................122Topicality is a Voting issue..........................................................................................................................123AT: Clash Checks.........................................................................................................................................124Lit Checks.....................................................................................................................................................125



AT: Lit Checks.............................................................................................................................................126Competing Interpretations Good..................................................................................................................127Reasonability................................................................................................................................................128Reasonability - Poverty................................................................................................................................129Breadth Education........................................................................................................................................130Depth Education.........................................................................................................................................131A-SPEC 1NC................................................................................................................................................132AT: A-SPEC.................................................................................................................................................133



***DEFINITIONS***RESOLVED

Resolved=fixed

Resolved means fixed in purposeCollins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Resolved: fixed in purpose or intention; determined

Resolved means fixed in purpose The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 1300

Resolved –adj. fixed in purpose



Resolved=make a decisionResolved means to make a decisionCambridge Dictionary, 2000 Cambridge University Press p.728

Resolve – v. to make a determined decision; n. strong determination



COLON

Colon (:) Introduces a quotation or exampleThe American Heritage® Dictionary of the English Language, 2009The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company.

A punctuation mark ( : ) used after a word introducing a quotation, an explanation, an example, or a series and often after the salutation of a business letter

Colons set off a series after a main clauseNordquist, Ph.D. in English, 09Richard Nordquist, Ph.D. in English and rhetoric, is a professor of English, About.com, 2009, http://grammar.about.com/od/punctuationandmechanics/a/semicolondash.htm?p=1

Use a colon to set off a summary or a series after a complete main clause: It is time for the baby's birthday party: a white cake, strawberry-marshmellow ice cream, and a bottle of champagne saved from another party.(Joan Didion)Notice that a main clause does not have to follow the colon; however, a complete main clause generally should precede it.


http://grammar.about.com/od/rs/g/series09term.htm

http://grammar.about.com/bio/Richard-Nordquist-22176.htm

http://www.eref-trade.hmco.com/


THE

The is a word of limitation Blacks Law Dictionary 1990,

An Article which particularizes the subject spoken of. In construing statute, definite article “the” particularize the subject which precedes and is word of limitation as opposed to indefinite or generalizing force “a” or “an” brooks v zabka

Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

The: 1)used preceding a noun that has been previously specified: the pain should disappear soon; the man then opened the door. 2)used with a qualifying word or phrase to indicate a particular person, object, etc., as distinct from others: ask the man standing outside; give me the blue one. 3)used preceding certain nouns associated with one’s culture, society, or community; to go to the doctor; listen to the news; watch the television 4)used preceding present participles and adjectives when they function as nouns: the singing is awful; the dead salute you. 5)used preceding titles and certain uniquely specific or proper nouns, such as places names: the United States; the Honoruable Edward Brown; the Chairman; the moon 6)used preceding a qualifying adjective or noun in certain names or titles: William the Conqueror; Edward the First. 7)used preceding a noun to make it refer to its class generically: the white seal is hunted for its fur; this is good for the throat; to play the piano 8)used instead of my, your, her, etc., with parts of the body: take me by the hand 9)(usually stressed) the best, only, or most remarkable: Harry’s is the club in this town. 10) used with proper nouns when qualified: written by the young Hardy.

Random House Webster’s College Dictionary 96The: 1)use, especially before a noun, with a specifying or particularizing effect, as opposed to the indefinite or generalizing force of the indefinite article a or an 2)used to mark a noun as indicating something well-known or unique 3)used with or as part of a title 4)used to mark a noun as indicating the best-known, most approved, most important 5) used to mark a noun as being used generically 6)used in place of a possessive pronoun, to note a part of the body or a personal belonging

Cambridge Dictionary, 2000 Cambridge University Press p.901

The – definite article used before a noun to refer to something that a listener or reader will understand as a particular thing because it is clear which one is intended; “the” is used before some nouns to refer to a type of activity or thing intended; “The” can mean each or every; when used before some adjectives, “the” changes the adjective into a noun to refer to all the things or people represented by that name; you can use “the” to refer to a singular noun to refer to all the things represented by that noun.

The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 1568

The – demonstrative adj. called the definite article, used to refer to a particular person or thing, or a group of things, already mention, implied or known; used to refer to a unique person or thing; used before a singular a singular noun to refer to all the members of the group or class; used before an adjective or noun describing the identified person



UNITED STATES United States=50 states + Territories

The United States is the fifty states and territories Business Dicitonary.comhttp://www.businessdictionary.com/definition/United-States.html

Fifty federated states plus District Of Columbia, American Samoa, Guam, Johnston Island, Midway and Wake Islands Northern Mariana Islands, and US Virgin Islands.

United States is a republic with states Random House Webster’s College Dictionary 96

United States: a republic in the N Western Hemisphere compromising 48 conterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific



US = 50 States Definitions

The U.S. is the 48 mainland states plus Alaska and Hawaii.Encyclopedia Britannica 9 (“United States,” Encyclopedia Britannica online, http://www.britannica.com/EBchecked/topic/616563/United-StatesUnited Statesofficially United States of America, abbreviations U.S. or U.S.A., byname America OverviewCountry, North America.It comprises 48 conterminous states occupying the mid-continent, Alaska at the northwestern extreme of North America, and the island state of Hawaii in the mid-Pacific Ocean.

The US is limited to the fifty states.Collin, dictionary contributor and editor, 98 (P.H. Collin [editor], Dictionary of Government, Fitzroy Dearborn Publishers, 1998)United States of America (USA)noun independent country, a federation of states (originally thirteen, now fifty ) in North America



United States=federal unionThe United States is a federal union of states The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd.

United States – n. sing. A federal union of states, esp. that of (north) America

United States is a collective name of states Blacks Law Dictionary 1990

This term has several meanings. It may be merely the name of a sovereign occupying the position analogous to that of other sovereigns in a family of nations, it may designate territory over which sovereignty of the united states extends, or it may be collective name of the states which are united by and under the constitution.



United States includes Territories

the United States as a whole is comprised of territories in addition to the states.Wilson Environmental Management 8 (“SPCC Glossary of Terms,” Wilson Environmental Management [helps prevent and take care of oil spills], 2008, http://wilsonemi.com/spcc_glossary_of_terms.htm)United States: the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

The United States includes insular areas – such as Puerto Rico – which are under U.S. jurisdiction.United States General Accounting Office 97 (“U.S. INSULAR AREAS: Application of the U.S. Constitution,” November 1997, US GAO reporting to Congress, http://www.gao.gov/archive/1998/og98005.pdf)More than 4 million U.S. citizens and nationals live in insular areas1 underthe jurisdiction of the United States. The Territorial Clause of theConstitution authorizes the Congress to “make all needful Rules andRegulations respecting the Territory or other Property” of the UnitedStates.2 Relying on the Territorial Clause, the Congress has enactedlegislation making some provisions of the Constitution explicitlyapplicable in the insular areas. In addition to this congressional action,courts from time to time have ruled on the application of constitutionalprovisions to one or more of the insular areas.You asked us to update our 1991 report to you on the applicability ofprovisions of the Constitution to five insular areas: Puerto Rico, the VirginIslands, the Commonwealth of the Northern Mariana Islands (the CNMI),American Samoa, and Guam. You asked specifically about significantjudicial and legislative developments concerning the political or tax statusof these areas, as well as court decisions since our earlier report involvingthe applicability of constitutional provisions to these areas. We haveincluded this information in appendix I.



Native Reservations in the US

Native reservations are in the U.S.American Indian Law Review 5(Justin L. Pybas, NATIVE HAWAIIANS: THE ISSUE OF FEDERAL RECOGNITION, American Indian Law Review [05/06, 30 Am. Indian L. Rev. 185])At the present time, there are more than 550 federally recognized Native American nations in the contiguous United States and Alaska. n19 "Since 1978, twenty one groups have successfully become federally recognized nations through either procedures under the Bureau of Indian Affairs, Department of Interior, or congressional action." n20 Currently there are fifty federal statutes which conclude that "Native Americans" include Alaska Natives and Native Hawaiians. n21 Alas, Native Hawaiians are not federally recognized. n22

The disparity in these numbers begs the question, are Native Hawaiians really that different from other Native American groups?

Congress has control over the Indian nations; they’re ultimately ruled by the USFGAmerican Indian Policy Center 02 (“American Indian Tribal Sovereignty Primer,” from the American Indian Policy Center [aims to research policy-makers on issues surrounding Native legal rights, http://www.airpi.org/pubs/indinsov.html)Tribal Sovereignty as a ParadoxWhile the U.S. government recognizes American Indian Tribes as sovereign nations, the U.S. congress is recognized by the courts as having the right to limit the sovereign powers of tribes. However, Congress must do so in definite terms and not by implication.


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FEDERAL Federal=central government

Federal means pertaining to the central governmentRandom House Webster’s College Dictionary 96

Federal: 1)pertaining to or of the nature of a union or states under a central government distinct from the individual governments of the separate states 2)of, pertaining to, or involving such a central government

Federal means connected with the central government Cambridge Dictionary, 2000 Cambridge University Press p.728

Federal – adj. of or connected with the central government of some countries

Federal means relating to a central government The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 549

Federal – adj. relating to or consisting of a treaty or a covenant; confederate, found upon mutual agreement; (of a union or a government) in which several states, while independent in home affairs, combine for national general purposes, as in the United States; of or relating to the national or central government in such a union, as opposed to regional or state government



Federal=power divided

Federal means a government where power is divided between central and regional governments Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Federal: 1)of or relating to a form of government or a country in which power is divided between one central and several regional governments. 2) of or relating to a treaty between provinces, states, etc., that establishes a political unit in which the power is so divided. 3)of or relating to the central government of a federation 4)of or relating to any union or association of parties or groups that retain some autonomy



GOVERNMENT Government=control

Government is political control over the actions of citizens Random House Webster’s College Dictionary 96

Government: 1)the political direction and control exercised over the actions of the members, citizens, or inhabitants of communities, societies, and states; direction of the affairs of habitants of a state, community, etc. 2)the form or system of rule by which a state, community, etc., is governed

Government is the system that rules a communityCollins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Government: 1) the exercise of political authority over the actions, affairs, etc., of a political unit, people, etc., as well as the performance of certain functions for this unit or body; the action of governing; political rule and administration 2) the system by which a community, etc., is ruled.

Government is the group that controls a political unitCambridge Dictionary, 2000 Cambridge University Press p.728

Government – n. the offices, departments, and groups of people that control a country, state, city, or other political unit; government is also a particular system of managing a country, state, city, etc.

Government is management The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 646

Government – n. a ruling or managing; control; a system of governing; the body of persons authorized to administer laws, or to govern the state



USFG United States federal government= all 3 branches

United States federal government is all three branchesScuton, Research Prof, 07(Roger Scuton, Research Prof, Institute for the Psychological Sciences in Arlington, Virginia, 2007)

The constitution of 1788 establishes a federal system of government with considerable limits to its power, but with absolute sovereignty in all matters that concern the existence of the US as a single state. The federal government consists of legislative, executive, and judicial branches, interrelated but distinct, and constructed expressly so as to accourd with the theory of the separation of powers, as this had been understood by the Founding Fathers.



SHOULDShould=non binding

Should is a recommendation NFPA 2006 http://www.testladders.com/nfpa_ch3.htm

The definitions contained in this chapter shall apply to the terms used in this standard. Where terms are not included, common usage of the terms shall apply.3.2.4. Should. Indicates a recommendation or that which is advised but not required.

Should is non-binding United Nations Environment Program 06 http://www.unep.org/dec/onlinemanual/Resources/Glossary/tabid/69/Default.aspx?letter=S

Should. As negotiating language, should entails an advice, not an obligation, to do something. However, while non-binding, it implies a stronger imperative than may.

Should expresses desire or opinion Cambridge Dictionary, 2000 Cambridge University Press p.792

Should – v. aux. Used to express that it is necessary, desirable, admirable, or imperative to perform the action of the following verb; used to express a desire or opinion



Should=obligatoryShould is mandatory CERN 08http://internal-audit.web.cern.ch/internal-audit/method/glossary.html

Should - The use of the word "should" in the Standards represents a mandatory obligation

Should is obligatory Merriam Webster Online http://www.merriam-webster.com/dictionary/should

used in auxiliary function to express obligation, propriety, or expediency <'tis commanded I should do so — Shakespeare><this is as it should be — H. L. Savage><you should brush your teeth after each meal>

Should is obligatory Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Should:the past tense of shall: used as an auxiliary verb to indicate that an action is considered by the speaker to be obligatory



Should= past tense of shall Should is the past tense of shall Random House Webster’s College Dictionary 96

Should: 1) past tense of shall 2)used to indicate duty, propriety, or expediency 3)used to express condition 4)used to make a statement less direct or blunt

Should means the past tense of shall Blacks Law Dictionary 1990

The past tense of shall; ordinarily implying duty or obligation: although usually no more than an obligation of propriety or expediency, or a moral obligation, thereby by distinguishing it from ought. It is not normally synonymous with “may” and although often interchangeable with the word “would” it does it not ordinarily express certainty as will sometimes does.



Should isn’t past tense of Shall

Should isn’t the past tense of shall Words and Phrases 06“Should.” Def. C.A.1. Words and Phrases Dictionary. Volume 39. 2006

Term “should” in statute indicates recommended course of action, but does not itself imply obligation associated with “shall.”



SUBSTANTIALLYSubstantially=great degree

Substantially is to a great extent WordNet http://wordnetweb.princeton.edu/perl/webwn?s=substantially&sub=Search+WordNet&o2=&o0=1&o7=&o5=&o1=1&o6=&o4=&o3=&h=00

Substantially is to a great extent or degree

Substantially means to a large degree Words and Phrases 02“Substantially” Def. 1. Words and Phrases Dictionary. Volume 40B. 2002

‘Substantially” as used in the ADA provision defining “disability” as an impairment that substantially limits one or more major life activities, suggests “considerable” or “to a large degree.” Americans with Disabilities Act of 1990.



Substantially isn’t essentially Substantially does not mean essentially Words and Phrases 02“Substantially” Def. 9. Words and Phrases Dictionary. Volume 40B. 2002

The word “substantially” is not necessarily synonymous with “essentially.”—Robins v. Wettlaufer.



Substantially=essentiallySubstantially means essentiallyBlacks Law Dictionary 1990

Essentially; without material qualification; in the main; in substance; materially; in a substantial manner. About actually, competently, and essentially



Substantially=meeting requirements Substantially means meeting requirements Words and Phrases 02“Substantially” Def. Ind. 1962 Words and Phrases Dictionary. Volume 40B. 2002

“Substantially” means meeting requirements in essential and material parts.—Sutto v. Board of Medical Registration and Examination.



Substantially=Considerable Substantially is considerable in quantity Merriam Webster Online http://www.merriam-webster.com/dictionary/substantially

considerable in quantity : significantly great <earned a substantial wage>

Substantial means of considerable quantity Random House Webster’s College Dictionary 96

Substantially:1)of ample or considerable amount, quantity, size, etc. 2)of corporeal or material nature; real or actual 3)of solid character or quality; firm, stout or strong 4)being such with respect to essentials 5)wealthy or influential 6)of real worth, value, or effect 7)pertaining to the substance, matter or material of a thing



Substantially=important

Substantial means important Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Substantial: 1)of a considerable size of value 2)worthwhile, important 3)having wealth or importance



Substantially =Material in Quantity

Substantial means materially or considerable in quantity

Business Day 06(Business Day “Appeal upheld in the case of health-care merger” September 11, 2006 (Lexis)

This enquiry entails an analysis of competition in the relevant market with reference to the factors set out in section 12A (2). The court pointed out that in the competitive analysis of a proposed merger, the meaning of the word "likely" is analogous to "probability", while "substantially" means "materially or considerably in amount or duration".



Substantially= 2%

Substantial only has to be 2%

The Star 99

(The Star [Malaysia], 5/18/99, “Substantial Shareholding,” http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?doc LinkInd=true&risb=21_T7030487035&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T7030487038&cisb=22_T7030487037&treeMax=true&treeWidth=0&csi=227171&docNo=6)

Under the Companies Act, the substantial shareholding provisions are applicable to public companies whose share are listed with the stock exchange (Sect 69B).

Sect 69D (Act A1043)

Prior to Nov 1, 1998, a shareholder is a substantial shareholder if he held 5% or more of the shares or class of shares in a company.

It has now been reduced from 5% to 2%. With this amendment, the shareholding in a company would become more transparent.


http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?doc


Substantial= 5%

Substantial is more than 5%

Schroeder 08

(Peter Schroeder, 10/21/08, “Regulation: NABL to Treasury: Clarify Small PAB Issuances,” The Bond Buyer, http://wwwlexisnexis. com/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T7030487035&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T7030487038&cisb=22_T7030487037&treeMax=true&treeWidth=0&csi=303185&docNo=1)

Market participants have complained in the past that the Treasury has not defined what constitutes a "substantial" change.

In response to the complaints, Treasury proposed two safe harbors, one of which would define a "substantial" deviation as a change of more than 5% in the amount of bonds issued from the approved amount.

Substantial is just over 5%

Yeap 07

(Cindy Yeap, 7/9/07, “Insider Moves,” The Edge Asia, http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do? docLinkInd=true&risb=21_T7030487035&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T7030487038&cisb=22_T7030487037&treeMax=true&treeWidth=0&csi=261521&docNo=3)

Affin Holdings Bhd is another stock that has benefited from the emergence of a new substantial shareholder. The Bank of East Asia Ltd, Hong Kong's third-largest publicly traded bank, emerged on June 5 as a new Affin Holdings substantial shareholder with 64.3 million shares or a stake of just over 5%, according to Bursa Malaysia filings. Affin Holdings' shares closed at RM2.31 on June 5. Last Wednesday, the stock ended at RM2.51, representing a 8.7% gain over the past month. The Bank's interest in Affin had been in the market as early as April. Affin had announced The Bank of East Asia's intent to buy 25% of Affin to win greater access to Malaysia's Islamic banking market. Affin shares are up about a third so far this year.


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http://wwwlexisnexis/


Substantially=20%

Substantially means at least twenty percentWords and Phrases 67“Substantially.” 758 Words and Phrases Dictionary. 1967“‘Substantial’ number of tenants engaged in production of goods for commerce means that at least 20 per cent of the building be occupied by tenants so engaged. Ullo vs. Smith, D.C.N.Y., 62 F. Supp. 757, 760.”



Substantially = 30%A substantial increase is at least 30%

Bryson, 2k1 (Circuit Judge, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT265 F.3d 1371; 2001 U.S. App. LEXIS 20590; 60 U.S.P.Q.2D (BNA) 1272, 9/19, lexis)

The term "to increase substantially" in claim 1 of the '705 patent refers to the claimed increase achieved by the invention in the relative productivity of the catalyst used in the Fischer-Tropsch

process. The specification defines "substantially increased" catalyst activity or productivity as an increase of at least about 30%, more preferably an increase of about 50%, and still more preferably an increase of about 75%. '705 patent, col. 1, ll. 59-63. Based on that language from the specification, the trial court found, and the parties agree, that the term "to increase substantially" requires an increase of at least about 30% in the relative productivity of the catalyst. Notwithstanding that numerical boundary, the trial court found the phrase "to increase substantially" to be indefinite because the court concluded that there were two possible ways to calculate the increase in productivity, the subtraction method and the division method, and the patent did not make clear which of those ways was used in the claim.

Substantially means 30%

Business Day 03(“Stock exchange reels as rand rules roost” 12/4/03 (Lexis)

After the close on Tuesday, Impala warned that its results for the half-year ending on December 31 this year are set to be substantially lower than the previous comparative period. According to the JSE's listings requirements, "substantially" means a change of more than 30%.


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http://www.lexis.com/research/buttonTFLink?_m=4c0390d3a4cbb80163d4f2df63cea31c&_xfercite=%3Ccite%20cc%3D%22USA%22%3E%3C!%5BCDATA%5B265%20F.3d%201371%5D%5D%3E%3C%2Fcite%3E&_butType=3&_butStat=2&_butNum=50&_butInline=1&_butinfo=%3Ccite%20cc%3D%22USA%22%3E%3C!%5BCDATA%5BPat.%20No.%20%205292705%5D%5D%3E%3C%2Fcite%3E&_fmtstr=FULL&docnum=20&_startdoc=1&wchp=dGLbVlz-zSkAW&_md5=2fd592be717631c2873b0f0921052189


Substantially = 50% Substantially means at least 50%

The Herald 02“Parties unite in opposition to white paper on Lords reform” 1/11/02 (Lexis)

Chris Smith, the former culture secretary, said: "Quite simply, the government haven't got it right," he said. The new chamber should be substantially elected. "In my book substantially means at least 50% - 20% will not do."

Substantially means 50%Selya, US Court of Appeals, 05Justice Selya, 5-25-05, United States Court of Appeals for the First Circuit, 408 F.3d 41; 2005 U.S. App. LEXIS 9539

For instance, the BAA permits the use of foreign goods if it is in the "public interest," 41 U.S.C. § 10d, and Law 109 does not contain such an exception. There are also disparities between the BAA and Law 109 as the former has been interpreted in federal regulations. One such disparity is that the preference for domestic construction materials in procurement by federal agencies is 6%, see 48 C.F.R. § 25.204(b), whereas the Preference Board currently sets the preference for purposes of Law 109 at 15%. Furthermore, the BAA requires contracts for construction of public buildings to favor items manufactured in the United States that are "substantially all" composed from American raw materials. 41 U.S.C. § 10b. The applicable federal regulation defines "substantially all" as meaning at least 50%. See 48 C.F.R. § 25.101(a)(2). In contradistinction, Law 109 seems to require that cement be manufactured 100% from indigenous (Puerto Rican) raw materials, save for those indigenous materials that are unavailable in commercial quantities. See 3 P.R. Laws Ann. § 927(d).



Substantially= 85%

Substantially means 85%Cudahy, Justice for US Court of Appeals, 95Justice Cudahy, 5-30-95, United States Court of Appeals for the Seventh Circuit, 55 F.3d 1318; 1995 U.S. App. LEXIS 13268

An exemption from partial withdrawal liability exists, however, for those employers for whom "substantially all the employees with respect to whom the employer has an obligation to contribute under the plan perform work in the building and construction industry." 29 U.S.C. § 1383(b)(1)(A). The statute does not define "substantially all," but this court has defined it as 85 percent or more. Continental Can Co. v. Chicago Truck Drivers, 916 F.2d 1154, 1160 (7th Cir. 1990). The statute also does not define the time period during which the "substantially all" restriction applies. We are therefore given no guidance as to whether this restriction applies during only the last year of the three year testing period, during all three years, or during the entire eight years involved in the calculation of the partial withdrawal. Nor, to our knowledge, has any other court of appeals addressed this issue.



Substantially = 90%Substantially means more than 90%

Canberra Times 05 (“New laws too soft” 3/8/05 (Lexis)

About what the 2006 smoking ban would mean for Canberra's clubs and pubs the government has decided on a definition of an enclosed space but not everyone is happy. Greens MLA Deb Foskey said the ACT Government's proposed 75 per cent to 25 per cent rule was a matter of convenience and not based on health evidence. She is putting a private member's bill to the Legislative Assembly this week which seeks to redefine an enclosed space and to ban smoking in sight of poker machines. ACTClubs chief executive Bob Samarcq said clubs had invested to the tune of $15million to meet the 75 to 25 per cent rule. "It's an outcome we can live with," he said. The ACT law, passed in 2003, banning smoking in substantially closed places, was amended last

week and has given Health Minister Simon Corbell the power to define what a substantially enclosed space is. "Advice from the ACT Government Solicitor suggested that without a regulation, based on legal precedent, the courts would interpret "substantially" to mean more than 90 per cent enclosed," Mr Corbell said. He said buildings standards for undercover parking without mechanical ventilation was 12.5 per cent open and up to 87.5 per cent closed. He said in 2003 the ACT Health Protection Service conducted a series of air quality tests. "Based on this experience, a review of the evidence on the topic, consideration of building codes and advice from the Government Solicitors, the Chief Health Officer has provided guidelines that he considers .... will substantially protect people from exposure to environmental tobacco smoke," Mr Corbell said. His claim that such a regulation would virtually eliminate exposure to environmental tobacco smoke in indoor areas was challenged by Dr Foskey. "I understand that the ACT Government has proposed the 75/25 rule as a matter of convenience not on the basis of health evidence," Dr Foskey said. She called on the ACT Government to release the Health Protection Report to the public. "Otherwise you do have to wonder what would happen if it was challenged under OH and S legislation." She said the analysis prepared for the Health Department showed a 25 per cent enclosure, not a 75 per cent enclosure, was significantly safer. "Doesn't the Health Minister, or the Chief Health Officer, have an obligation to make decisions that puts the health of workers and patrons first?" Mr Samarcq said now was not the time to change the definition with about 12 of Canberra's clubs in the process of modifying their buildings to meet the requirements. He said when smoking was banned in Victoria, clubs recorded a 13 per cent decrease in their takings -which if it happened in the ACT would result in every club going into the red.



INCREASEIncrease= to make greater

Increase is to become greater in amount WordNet http://wordnetweb.princeton.edu/perl/webwn?s=increase

Verb: Increase is to become bigger or greater in amount

Increase is to make bigger WordNet http://wordnetweb.princeton.edu/perl/webwn?s=increase

Verb: Increase is to make bigger or more

Increase is to make greater Merriam Webster Online http://www.merriam-webster.com/dictionary/increase

transitive verb1: to make greater : augment

Increase is to become greater Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Increase: 1)to make or become greater in size, degree, frequency, etc.; grow or expand 2)the act of increasing; augmentation 3)the amount by which something increases.

Increase is growth Random House Webster’s College Dictionary 96

Increase: 1)to make greater, as in number, size, strength, or quality; augment 2)to become greater, as in number, size, strength, or quality 3)to multiply by propagation 4)growth or augmentation in size, strength, quality 5)the act or process of increasing

Increase is to add to grow in size or number The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 754

Increase – v. to grow in size or number; to become ricer or more powerful; to make great in size or number; to make richer or more powerful; growth, increment; addition to the original stock, profit

Increase means growth Blacks Law Dictionary 1990

Enlargement, growth, development, increase increment, addition, accession, extension, production, profit, interest, issue. The produce of land; the offspring of animals.



Increase=monetary increase is monetary modification Words and Phrases 08“Increase.” Def. Minn. App. 2004. Words and Phrases Dictionary. Volume 28B. 2008

A durational modification of child support is as much an “increase” as a monetary modification, and the needs of subsequent children must be considered when determining the indefinite extension of the support obligation pursuant to statute providing that, when a party moves to “increase” child support, the circumstances change and the adjudicator is obligated to consider the needs of after-born children. M.S.A.



SOCIAL SERVICESSocial Services= improve living standards

Social Services improve people’s standard of living World Bank 2Khttp://www.unesco.org/education/tlsf/TLSF/theme_c/mod13/www.worldbank.org/depweb/english/modules/glossary.htm

Services generally provided by the government that help improve people's standard of living; examples are public hospitals and clinics, good roads, clean water supply, garbage collection, electricity, and telecommunications.



Social Services=assistance to disadvantagedSocial Service is assistance to the disadvantaged Merriam-Webster dictionary Online, 2009, http://www.merriam-webster.com/dictionary/social%20service an activity designed to promote social well-being ; specifically : organized philanthropic assistance (as of the disabled or disadvantaged)


http://www.merriam-webster.com/dictionary/social%20service


Social Services=promote well being

Social Services promote social well being Merriam Webster http://www.merriam-webster.com/dictionary/social%20services

an activity designed to promote social well-being ; specifically : organized philanthropic assistance (as of the disabled or disadvantaged)



Social Services=government action

Social Services are benefits provided by the government Business Dicitonary.comhttp://www.businessdictionary.com/definition/social-services.html

Benefits and facilities such as education, food subsidies, health care, and subsidized housing provided by a government to improve the life and living conditions of the children, disabled, the elderly, and the poor in the national community.

Social Services are benefits provided by the stateScuton, Research Prof, 07(Roger Scuton, Research Prof, Institute for the Psychological Sciences in Arlington, Virginia, 2007)

Those services which are provided by the state for the benefit of society. What they include varies from case to case, but it is common to count education, health, some communications, and the maintenance of law and order as social services which a government can be expected to provide and maintain, under the conditions in which a modern government must inevitably find itself.

social services are provided by the government Cambridge Dictionary, 2000 Cambridge University Press p.819

Social services are services provided by government or other organizations to people with particular needs.

Social service is government aid to benefit society.Roger Scruton, 2007, Dictionary of Political Thought, pg 645

Those services which are provided by the state for the benefit of society. What they include varies from case to case, but it is common to count "education, "health, some "communications, and the maintenance of law and order as social services which a government can be expected to provide and maintain, under the conditions in which a modem government must inevitably find itself. To what extent social services benefit from, or are damaged by the co-existence of private services, catering for the same benefits - t.e. private schools, private medical facilities, private means of communication - is one of the major issues of European politics discussed in this dictionary under the various separate headings. Equally important is the question of limits: are there areas in which the state should not attempt to provide support? The "nanny state is often accused of intruding into and taking over the "family, by offering itself as a better provider of income, better source of security and well-being, even a better guardian of children, than can be obtained through the market in human relations. But if we exclude the state from the family, then the question arises:who is to clear up the mess? See "underclass.



Social Services=WelfareSocial services are welfare activities Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Social services: plural, noun welfare activities organized by the state or a local authority and carried out by trained personnel

Social services are welfare efforts Random House Webster’s College Dictionary 96

Social services: organized welfare efforts carried on under professional auspices by trained personnel

Social services are welfare efforts

Dictionary.com 09(“Social Services” http://dictionary.reference.com/browse/social%20services

Social Servicesorganized welfare efforts carried on under professional auspices by trained personnel.


http://dictionary.reference.com/browse/social%20services


Social Services=Local Social services are at the local level Oxford Dictionary of Public Health 07

(“social services” Oxford University Press http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t235.e4225>

social services A range of community services provided by agencies that usually function at local government level, often combining publicly administered and funded agencies and a range of private and voluntary services that include social work, usually provided by professionally trained social workers, with special services for those with special needs, such as day care, Meals on Wheels, free hot meals for destitute street people, distress centers, drop-in centers, etc.



Social Services Mean Aid to the Disadvantaged

As long as the plan aims to help disadvantaged persons, it is a social service.Encyclopedia Britannica 9 (“Social service,” Encyclopedia Britannica Online, 2009, http://www.britannica.com/EBchecked/topic/551426/social-service)social service also called welfare service, or social work,OverviewAny of various professional activities or methods concerned with providing social services (such as investigatory and treatment services or material aid) to disadvantaged, distressed, or vulnerable persons or groups.



Social Services=help with social Problems Social Services= help with social problems Oxford Concise Medical Dictionary 07(“Social Services” Oxford University Press <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t60.e9341>

social services advice and practical help with problems associated with social circumstances. Every local authority is responsible for establishing and staffing a social service department. Basic training for social work involves completing an approved degree in social work; there are also social workers with medical and psychiatric training who are seconded for work in hospitals (see hospital social worker) and specialist social workers in areas such as criminal justice. Social workers assess the eligibility of clients for such social services as care assistants and meals on wheels or refer them to the appropriate statutory or voluntary services; difficulties may sometimes arise when the hospital catchment area is not coterminous with the local authority. In relation to mental health, social workers may obtain court orders for compulsory admission where necessary and provide surveillance and support for those being treated at home or in designated hostel accommodation, including those discharged from hospital. (See also aftercare.) Case work involves identifying the causes of the client's problem and, where appropriate, advising how best to correct them and/or adapt to the circumstances.



Social Services=individual contactOxford Dictionary of Economics 09

(“Social Services” http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t19.e2902>

social services The parts of social security requiring individual contact rather than cash payments. People's minimum consumption needs can be met by cash payments to those without sufficient incomes, through pensions and other benefits. Some citizens, however, need personal assistance with managing their lives as well as cash handouts. Personal social services cover matters such as home help for the disabled, advice and supervision for those on probation, advice and assistance in dealing with children and adults with behavioural problems, and supervision of parents thought to be in danger of harming their children.



Social Services= Health and education Oxford Companion to the Politics of the World 01(Paul Streiten, “Basic needs” http://www.oxfordreference.com/views/ENTRY.html?entry=t121.e0065&srn=11&ssid=13009668#FIRSTHIT

Social services covers the provision of public goods such as health and education, as well as food subsidies. These raise the earning power of the poor. Transfer payments out of public revenue, charitable donations or gifts by the family, and payments in kind to temporarily or chronically unemployed (the latter include the handicapped, disabled, infirm, old, and chronically sick) are necessary to meet the needs of the unemployable.



Social Services=Social Workers

Social services are distinct from public assistance because it uses social workers.

Kirshbaum, Colorado Supreme Court Justice, 85

(Howard Kirshaum, “Opinion in case Colorado Department of Social Services vs The Board of County Commissioners of the County of Pueblo,” 3/11/1985, Lexis)

1 The Department, created by § 24-1-120, 10 C.R.S. (1982), is authorized to administer "programs relating to public assistance and welfare." § 26-1-102(1), 11 C.R.S. (1982). The Code at times implies that the term "social services" is an all encompassing generic term ("In providing for such programs relating to public assistance and welfare, the General Assembly finds that recipients of social services qualify . . . . for such services . . . . The state department, not the several county governments, is the principal in all federal-state social services programs covered in this title . . . ." § 26-1-102(2), 11 C.R.S. (1982)). However, the term "social services" is specifically defined as "services and payments for services . . . . available . . . . through the social services staff of the state and county departments for the benefit of eligible persons . . . ." Id. § 26-2-103(11). The term "public assistance" is more broadly defined to include "assistance payments, food stamps, and social services provided to or on behalf of eligible recipients . . . ." Id. § 26-2-103(7). Furthermore, the Department's administrative authority is defined as authority "to administer or supervise the administration of public assistance programs" and to "establish public assistance programs consisting of assistance payments and social services . . . ." Id. § 26-2-104. Provisions describing the Department's authority to comply with applicable federal requirements, § 26-2-105, and describing procedures for initiating applications for public assistance, § 26-2-106, also suggest that the term "public assistance" is the more inclusive phrase. We will use the term "public assistance" to include all forms of payments and services authorized by the Code.

Social services are welfare activities

Collins English Dictionary 98

(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Social services: plural, noun welfare activities organized by the state or a local authority and carried out by trained personnel



Social Services not Social Workers

Social Services are not exclusively social workers.

Barry, journalist, 09

(David Barry, journalist, 6/17/09 “Mind the gaps,” The Guardian, http://www.guardian.co.uk/society/2009/jun/17/social-worker-shortage)

Unison's national social work audit, published today, found that on average agency staff fill 6% of social work posts. But in some areas the situation is much worse. In London, on average 14% of posts are filled by agency workers, rising, in one small London borough, to up to 42%, and in another standard-sized authority they make up 28% of the workforce. In some parts of eastern England, almost a third of social workers are agency staff, while up to a quarter in the south-east come from agencies. According to the survey, which was compiled last month through freedom of information requests, Scottish councils use few agency workers, and on average they account for just 1% of social work posts.


http://www.guardian.co.uk/society/2009/jun/17/social-worker-shortage


Social Services are a lot of things (AFF CARDS)Social services include healthcare, education, food stamps, and transfer paymentsOxford Companion to the Politics of the World 01(Paul Streiten, “Basic needs” http://www.oxfordreference.com/views/ENTRY.html?entry=t121.e0065&srn=11&ssid=13009668#FIRSTHIT)[Tanay]


Social services are defined as child care, transportation, job training, counseling, good, health support, mentoring, drug and housingGrassley, Ranking Member on the Committee on Finance, 2003 [Chuck. Senate Report 108-011 - CARE ACT OF 2003. Accessed from the Library of Congress. Febrary. http://thomas.loc.gov/cgi-bin/cpquery/11?&sid=cp108h8NYK&l_f=1&l_file=list/cp108cs.lst&hd_count=50&l_t=428&refer=&r_n=sr011.108&db_id=108&item=11&sel=TOC_178470&][Tanay]

For this purpose, social services is defined as services directed at helping people in need, reducing poverty, improving outcomes of low-income children, revitalizing low-income communities, and empowering low-income families and low-income individuals to become self-sufficient, including: (1) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to the management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities (including physical, mental, or emotional disabilities); (2) transportation services; (3) job training and related services, and employment services; (4) information, referral, and counseling services; (5) the preparation and delivery of meals, and services related to soup kitchens or food banks; (6) health support services; (7) literacy and mentoring programs; (8) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and the families of criminal offenders, and services related to the intervention in, and prevention of, domestic violence; and (9) services related to the provision of assistance for housing under Federal law. Social services does not include a program having the purpose of delivering educational assistance under the Elementary and Secondary Education Act of 1965 or under the Higher Education Act of 1965.

Social services include public assistance in areas of health and communications.

UNESCO.org 2000 (United Nations Educational, Scientific, and Cultural Organization, 2000, http://www.unesco.org/education/tlsf/TLSF/theme_c/ mod13/www.worldbank.org/depweb/english/modules/glossary.htm)

Social services.

Services generally provided by the government that help improve people's standard of living; examples are public hospitals and clinics, good roads, clean water supply, garbage collection, electricity, and telecommunications.


http://www.unesco.org/education/tlsf/TLSF/theme_c/%20mod13/www.worldbank.org/depweb/english/modules/glossary.htm

http://www.unesco.org/education/tlsf/TLSF/theme_c/%20mod13/www.worldbank.org/depweb/english/modules/glossary.htm


Social Services are nearly everything!! (AFF CARDS )

Social services cover military, health, education, and other forms of aid.

OECD.org 03

(Organization for Economic Co-operation and Development, 3/13/03, http://stats.oecd.org/glossary/detail.asp?ID=2441)

Social (and collective) services provide final consumption for households and are distinctive for their non-market character in most OECD countries. Collective consumption decisions and public financing are common, as is production by governments, non-profit organizations and subsidized private organizations.

Social services comprise the following International Standard Industrial Classification (ISIC) Rev. 3 sub-groups:

- government proper (civil or military); - health services; - educational services; - miscellaneous social services.

Social services include aid with income, housing, and employment.

Japanese Ministry of Health, Labor, and Welfare 99

(Japanese Ministry of Health, Labor, and Labor, 1998-1999, Annual Reports on Health and Welfare 1998-1998 Social Security and National Health, http://www.mhlw.go.jp/english/wp/wp-hw/index.html)

For example in the United Kingdom, social security means income security such as pensions and child allowances, while Japan's definition of social security systems includes those called "social policy" or "social services" in the United Kingdom. The "social policy" or "social services" have a wide range of meaning: income security, medical care (called "national health service" in the United Kingdom), personal social services, housing policies, education and employment.

Also in the United States, "social security" is often defined as income security such as pensions. The welfare services provided in Japan are called "human services." In the United States, "welfare" usually points to services that are funded by tax revenues and provided after the status inquiry, especially to the temporary assistance to needy families (TANF). The U.S. Social Security Act, however, is a comprehensive law, which provides for unemployment insurance, health services for fatherless families, human services for people with disabilities, medical services for the elderly and medical assistance in addition to pension insurance for ensuring income.


http://www.mhlw.go.jp/english/wp/wp-hw/index.html

http://stats.oecd.org/glossary/detail.asp?ID=2441

http://stats.oecd.org/glossary/detail.asp?ID=2441


Social Services- more AFF CARDS Social services are defined as child care, transportation, job training, counseling, food support, health support, mentoring, drug and housingGrassley, Ranking Member on the Committee on Finance, 2003 [Chuck. Senate Report 108-011 - CARE ACT OF 2003. Accessed from the Library of Congress. Febrary. http://thomas.loc.gov/cgi-bin/cpquery/11?&sid=cp108h8NYK&l_f=1&l_file=list/cp108cs.lst&hd_count=50&l_t=428&refer=&r_n=sr011.108&db_id=108&item=11&sel=TOC_178470&][Tanay]

For this purpose, social services is defined as services directed at helping people in need, reducing poverty, improving outcomes of low-income children, revitalizing low-income communities, and empowering low-income families and low-income individuals to become self-sufficient, including: (1) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to the management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities (including physical, mental, or emotional disabilities); (2) transportation services; (3) job training and related services, and employment services; (4) information, referral, and counseling services; (5) the preparation and delivery of meals, and services related to soup kitchens or food banks; (6) health support services; (7) literacy and mentoring programs; (8) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and the families of criminal offenders, and services related to the intervention in, and prevention of, domestic violence; and (9) services related to the provision of assistance for housing under Federal law. Social services does not include a program having the purpose of delivering educational assistance under the Elementary and Secondary Education Act of 1965 or under the Higher Education Act of 1965.

Social services include healthcare, education, food stamps, and transfer paymentsOxford Companion to the Politics of the World 01(Paul Streiten, “Basic needs” http://www.oxfordreference.com/views/ENTRY.html?entry=t121.e0065&srn=11&ssid=13009668#FIRSTHIT)[Tanay]


Federal code defines social services as child care, job training, referral, literacy programs, and drug and crime preventionFederal Code 9(Accessed July 22nd, on E-CFR, Title 29, part 2, http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=6ff6eefdc847e2412e40dd3ed3f477d6&rgn=div5&view=text&node=29:1.1.1.1.3&idno=29)

As used in the regulations in this subpart: (a) The term Federal financial assistance means assistance that non-Federal entities (including State and local governments) receive or administer in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, direct appropriations, or other direct or indirect assistance, but does not include a tax credit, deduction or exemption. (b) The term social service program means a program that is administered or supported by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need. Such programs include, but are not limited to, the following: (1) Child care services and services to meet the special needs of children, older individuals, and individuals with disabilities (including physical, mental, or emotional disabilities); (2) Job training and related services, and employment services; (3) Information, referral, and counseling services; (4) Literacy and mentoring programs; and (5) Services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and the families of criminal offenders, and services related to intervention in, and prevention of domestic violence.



Social services include welfare, job training, rehabilitation services, child care, residential care, and advocacy groups

Washing State Employee Sercurity Tournament 09“Social Services” http://www.wa.gov/esd/lmea/sprepts/indprof/social.htm

Social services cover a wide array of service organizations (public, for-profit private, and non-profit private), including institutions providing welfare payments, individual and family social services, job training and vocational rehabilitation services, child day care services, residential care, and other social services (such as advocacy groups, community action and development groups, and councils for social agencies).

Social services include crisis intervention, housing, domestic violence program, health programs and community education

Lowry and Hess No Date Given(Barbara Lowry, Executive Director, Evan Hess, Director of Community Organizing, Northern Manhattan Improvement Corporation, http://www.cumc.columbia.edu/dept/gc/connectionsguide/part05/multiple.html

Social services include crisis intervention and on -going support, assisting formerly homeless families relocate into permanent housing and promoting self sufficiency, domestic violence programs, health and nutrition education and outreach, referral and follow-up services, assistance to residents of NMIC developed buildings, community education on a variety of topics, and advocacy with public and private institutions.

National Union of Public and General Employees 09(“Community Social Services Awareness Month in B.C” 3/23/09 http://www.nupge.ca/node/2138

Community social services include child care, employment and housing support for people with developmental disabilities, specialized services for immigrant families, services for First Nations families, addiction services, support for women dealing with violence, and more.


http://www.nupge.ca/node/2138

http://www.cumc.columbia.edu/dept/gc/connectionsguide/part05/multiple.html

http://www.wa.gov/esd/lmea/sprepts/indprof/social.htm


Social Service =Abortion Access

Removing a barrier to allow abortion access is a social service.CAIR no date (“The CAIR Project: Helping Women Choose Their Futures,” a member of the National Network of Abortion Funds, http://www.cairproject.org/)The CAIR (Community Abortion Information & Resource) Project is a 501(c)3 non-profit social service organization dedicated to removing barriers to abortion access. The CAIR Project began as a community effort in August 1998 in response to an unmet need for breaking down financial barriers to abortion. The CAIR Project operates a toll-free hotline staffed by well-trained and compassionate volunteer advocates who provide accurate, non-biased information and referral in addition to financial assistance in the form of grants for abortion services.

Providing women with funds for abortion is a social service; cuts in social services affect abortion fundingWilhelm, member of the board of the Seattle-based Community Abortion Information and Resource Project, 9 (“A crisis in abortion funding,” Sarah Wilhelm, SocialistWorker.org, July 7 2009, http://socialistworker.org/2009/07/07/crisis-in-abortion-funding)AND THIS was before the economic crisis hit. With rising unemployment and cuts in social services added to the already challenging landscape of abortion access in the Pacific Northwest, increasing numbers of women experiencing an unintended pregnancy find themselves in an economic crisis of their own. For these women, private abortion funds help to fill the gaps left by inadequate state laws and funding by providing women with some or all of the funds needed to obtain an abortion.

Access to abortion is a part of a group of social services for women which includes maternity leave, childcare, etc.The Gazette 91 (LexisNexisLike all good ideas, the book's premise is very simple. Anderson chose 12 countries, and in each she compares both the laws which restrict women and the social services available to them. By juxtaposing their family laws, the access to abortion, maternity leave and available child care, Anderson draws conclusions about the relative comfort of most women's lives in Europe and North America.

Abortion access is a fundamental part of the social service structure which aims for equality of womenToronto Star 93 (LexisNexis)No doubt women have made enormous progress, but ensuring unrestricted access to abortion, pressing for equal pay and equal opportunity, lobbying for affordable day care are just a few of the many ongoing issues.Macpherson, it's clear, is also deeply angered by the steady erosion of the social service structure the people of her generation fought long and hard for.



Social Services- Title XX

Title XX is an outdated definition of social services—consensus Kahn, Professor at Columbia University, 84(Alfred J, Untitled Review, Accessed through JSTOR, http://www.jstor.org/stable/pdfplus/2151569.pdf)

. She employs two case studies (TITLE XX, the social service title of the Social Security Act, and the Compre- hensive Employment and Training Act (CETA) program), acknowledged to be currently outdated, to illustrate patterns of contracting and to lend reality to the conceptual and theoretical analysis. The results will not surprise any public administration professionals or scholars acquainted with imperfect markets, mutual cooperation of public officials and contractors, or of organizational realities. One finds very little in the cases that resembles the abstract market models used to justify a slowdown of government growth or governmental contracting out with the private sector in the name of less cost for the best quality of service.

Title XX is too vague to be used a standard for definitionBledsoe et al masters and Ph. D. from the University of Southern California 1972(Ralph C. Bledsoe, Dennis R. Denny, Charles D. Hobbs, Raymond S. Long “Productivity Management in the California Social Services Program” http://www.jstor.org/stable/974639)

The first problem of social services is defining them. The federal law - the Social Security Act is so general that probably fewer of us in public administration would be concerned with this problem except for a hard economic fact: the U.S. Department of Health, Education, and Welfare provides $3 for every state dollar spent for "social services." It is obvious that almost any "social service" can also be classified as a health service, educational service, employment service, voca tional rehabilitation service, or a service of some other profession. But, for states seeking to increase their share of federal assistance, the federal govern ment has provided the practical definition of "social services" by incentive rather than analysis. A "social service" is anything that HEW will match on a three-to-one basis. One state welfare adminis trator told us recently, "If a nurse gives injections five per cent of the time, the other 95 per cent of the time we call her a social worker."


http://www.jstor.org/stable/pdfplus/2151569.pdf


Social Services=Legal ServicesLegal services fit under the Department of Social ServicesDepartment of Social Services 08 (Department of Social Services, 2008, http://www.dss.mo.gov/dls/)Legal Services The Division of Legal Services provides comprehensive legal support to all program and support divisions in the Department of Social Services (DSS).


http://www.dss.mo.gov/dls/


SOCIALSocial=people

Social involves people Words and Phrases 06“Social.” Def. Mo.App. W.D. 1993. Words and Phrases Dictionary. Volume 39A. 2006

Under open meetings law, “social” gathering involves gathering of persons with friends and associates in pleasant companionship.



SERVICEService = help

Service means the delivery of legal notice Words and Phrases 08“Service.” Def. Or. 2006. Words and Phrases Pocket Part Dictionary. Volume 38B. 2008

The word “service” is a term of art with a specific, legal meaning, and means the delivery of some sort of legal notice in some formal manner—Wal-mart Stores, Inc. V. City of Cent. Point

Service is help provided to someone Cambridge Dictionary, 2000 Cambridge University Press p.779

Service – n. the help provided to a customer by someone who works in esp. a restaurant or store; n. work or help provided, esp. for the public or for a person or an organization; a system, organization, or business that provides for a public need, or an operation of such a system; a service is a business that provides something for people but does not produce goods.



FOR

For means a remedy for somethingWords and Phrases 04“For.” Def.C.C.A.7 1942 Words and Phrases Dictionary. Volume 17 2004.

Under Federal Trade Commission Act, a representation that a medicine is “for” or a “treatment for” a disorder is equivalent to labeling it “as a cure or remedy”. Federal Trade Commission Act.

For means with the purpose of Random House Webster’s College Dictionary 96

For: 1)with the object or purpose of 2)intended to belong to or be used in connection with 3)suiting the purposes or needs of 4)in order to obtain, gain or acquire

For means in support of Cambridge Dictionary, 2000 Cambridge University Press p.334

For – prep. Intended to be given to; having to purpose of because of, as a result of (doing something); instead of, to help; considering (something or someone with reference to things or people as the usually are); in support or relation to (someone or something); in support of or agreement with

For means in favor of The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 581

For – prep. In the place of; in favor of; on account of; in the direction of; having as goal or intention, in quest of; beneficial to; in respect of; to the extent of; appropriate or adapted to, or in reference to

For means in order to affectWords and Phrases 2004 (vol. 17, pg 342)

1959. Under a written contract for the lease of a neon sign for a hotel, providing that in event the lessee sold the hotel, the leaser agreed to negotiate with new owners for a new contract or new owner might purchase sign at that time, if the lessee made a reasonable effort to secure new contract with the purchaser, the leaser was entitled to recover damages for breach of the lease when sale of the hotel to different owners made the sign valueless, the word “for” meaning to view to, in order to affect.



For ≠ ExclusiveFor declares the targets of the social services - it’s non-limitingCambridge Dictionary, 2k Cambridge University Press p.334


For identifies intention – it’s inclusiveRandom House Webster’s College Dictionary 96

For: 1) with the object or purpose of 2) intended to belong to or be used in connection with 3)suiting the purposes or needs of 4)in order to obtain, gain or acquire



PERSONSPersons excludes non-residents

Persons constitutionally excludes non-resident aliens Words and Phrases 08“Persons.” Def.C.A.D.C.2008 Words and Phrases Pocket Part Dictionary. Volume 32A. 2008

Regardless of whether the Religious Freedom Restoration Act (RFRA) could be applied extraterritorially to aliens detained at military base in Guantanamo Bay, Cuba, term “persons,” as used in the RFRA to generally prohibit the government from substantially burdening a “person’s exercise of religion,” had to be interpreted in manner consistent with the Supreme Court’s interpretation of “person” in the Fifth Amendment and of “people” in the Fourth Amendment as excluding non-resident aliens.

Words and Phrases 08“Persons.” Def.C.A.9.2007 Words and Phrases Pocket Part Dictionary. Volume 32A. 2008

High school district and county office of education were not “persons” subject to qui tam action, under False Claims Act (FCA) penalizing persons who knowingly presented false or fraudulent claims to United States, for defendants’ alleged submission of false certificates to the United States Department of Education (DOE) to obtain federal funds for programs, since school and county office were arms of state agencies, not subject to suit under FCA.



Persons= human beings Persons means a human being with rights Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Person: 1)an individual human being 2)the body of a human being, sometimes including his or her clothing 3)a grammatical category into which pronouns and forms of verbs are subdivided depending on whether they refer to the speaker, the person addressed or some other individual, thing, etc. 4)a human being or a corporation recognized in law as having certain rights and obligations

Persons means human beings Random House Webster’s College Dictionary 96

Persons:1)a human being; a man, woman or child 2)a human being as distinguished from an animal or a thing 3)the actual self or individual personality of a human being 4)the body of a living human being, sometimes including the clothes being worn

Persons is distinct from other forms of life Oxford Dictionary of Philosophy 08 (“Person” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t98.e2360>

person One of the central problems of metaphysics is what it is to be a person. The answer ought to account for central phenomena of personhood; rationality, command of language, self-consciousness, control or agency, and moral worth or title to respect, are amongst the salient characteristics that have been thought to distinguish persons from other forms of life.

Persons implies a human Cambridge Dictionary, 2000 Cambridge University Press p.632

Person or persons – n. a man, woman, or child; usage: in formal writing, the plural “persons “ is sometimes preferred over people



Persons=living people Person is a living soul The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 1131

Person (in plural use, persons) – a living soul or self-conscious person; a human being



Persons Aren’t Corporations

Not a Natural PersonDictionary of Business and Management, 2006, (http://www.encyclopedia.com/doc/1O18-artificialperson.html)

artificial person An entity that is recognized by the law as a legal person, i.e. one having legal rights and duties distinct from the individuals who comprise it. For example, a company is a person in the sense that it can sue and be sued, hold property, etc., in its own name. It is not, however, an individual or natural person

Corporations are not humansWest's Encyclopedia of American Law, 2005, (http://www.encyclopedia.com/doc/1G2-3437700359.html)

A legal entity that is not a human being but for certain purposes is considered by virtue of statute to be a natural person. A corporation is considered an artificial person for service of process.


http://www.encyclopedia.com/doc/1G2-3437700359.html

http://www.encyclopedia.com/doc/1O18-artificialperson.html


Persons can be CoorporationsA Person is either a person or corporation in law.Roger Scruton, 2007, Dictionary of Political Thought, pg 645

In law. A person is an entity with rights and duties recognized in law. There are natural persons (including most human beings, but perhaps not only them), and also artificial or 'juristic' persons, such as "corporations, which have a legal identity quite distinct from the natural persons who may at any moment constitute them, and which may survive as a set of unoccupied "offices, their rights and duties intact. (See "corporate personality.) 2. By extension, we can introduce the idea of the moral person, as the bearer of moral rights and duties. Such rights and duties are not the product of (although they may be confirmed in) a system of law, but have their basis in a system of moral values. They presumably include such natural rights as there may be. The metaphysical idea of the person introduced by Kant is meant to coincide with this idea, while also showing that persons are a distinct metaphysical kind of thing



LIVINGLiving = Alive

Living implies people who are still alive Word Net http://wordnetweb.princeton.edu/perl/webwn?s=living

S: (n) living- people who are still living

Living is the experience of being alive Word Net http://wordnetweb.princeton.edu/perl/webwn?s=living

S: (n) life, living-the experience of being alive; the course of human events and activities

Living means not dead Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Living: 1) possessing life; not dead 2)having the characteristics of life 3)currently in use or valid 4) seeming to be real 5)existing in the present age

Living means alive Random House Webster’s College Dictionary 96

Living:1)having life; being alive; not dead 2)in actually existence or use 3)active or thriving; vigorous; strong 4)pertaining to or suitable for human existence

Living means alive Cambridge Dictionary, 2000 Cambridge University Press p.632

Living – adj. still living; n. people who are still alive



Living=existent Living means existent Oxford Dictionary of Idioms 04(“living” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t35.e1453>

living be (the) living proof that (or of) show by your or something's existence and qualities that something is the case.



In=withinIn means within Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

In 1)inside; within 2) at a place where there is 3) indicating a state, situation or condition 4)before or when 5) using(a language, etc.) as a means of communication

In means within a place Random House Webster’s College Dictionary 96

In: 1)used to indicate inclusion within space, a place or limits 2)used to indicate inclusion within something abstract or immaterial 3)used to indicate inclusion within or occurrence during a period or limit of time 4)used to indicate limitation or qualification, as of situation, condition, relation, manner, action, etc. 5)on the inside; within

In means positioned within something Cambridge Dictionary, 2000 Cambridge University Press p.432

In – prep. Adj. positioned inside or within the limits of something, or contained, or surrounded, or enclosed by something; from outside, or toward the center; involved or connected esp. with a job or an interest; expressing a situation, condition, or feeling; used to show which characteristic of a person or thing is being described

In means within The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 750

In – prep. Expressing the relation of a thing to that which surrounds, encloses, includes, or conditions it, with respect to the time place, time, or circumstance; or to that which is assumed, held, maintained , or the relation of a right or possession to the person who holds or enjoys it

.



POVERTYPoverty= lack of essentials

Poverty is a lack of the essentials New World Encyclopedia http://www.newworldencyclopedia.org/entry/Poverty

Poverty is a condition in which a person or community is deprived of, or lacks the essentials for a minimum standard of well-being and life

Poverty is the condition of lacking necessities Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Poverty 1)the condition of being without adequate food, money, etc. 2)scarcity or dearth 3)a lack of elements conducive to fertility in land or soil

Poverty is a lack or deficiency The Chambers Dictionary, 2006Chambers Harrap Publishers Ltd. Page 1192

Poverty – n. the state of being poor; need, want of necessities; a lack or deficiency; meagerness or inadequacy

Poverty is the lack of resources A Dictionary of Public Health 07(“poverty” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t235.e3604>

poverty The condition of having insufficient resources to obtain or provide the necessities of life.

Poverty is the lack of resources Oxford Dictionary of Sociology 09(“poverty” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t88.e1771>

poverty A state in which resources, usually material but sometimes cultural, are lacking. It is common to distinguish between absolute and relative definitions of poverty. Poverty defined in absolute terms refers to a state in which the individual lacks the resources necessary for subsistence. Relative definitions, frequently favoured by sociologists (especially when studying poverty in advanced industrial societies), refer to the individual's or group's lack of resources when compared with that of other members of the society—in other words their relative standard of living. It is, in this sense, deprivation relative to the standards enjoyed by others and regarded as normal or typical in a particular society. Since relative poverty is a matter of differences in levels of material resources—that is, of inequalities in their distribution across a society—measures of relative poverty are potentially no less objective than those of absolute poverty. They are not simply a matter of subjective feelings of poverty, though such feelings may be of importance when analysing the consequences of poverty.



Poverty=minimal standard of living

Poverty is a minimal standard of living Words and Phrases 06“Poverty.” Def. Bkrtcy.N.D.Ala.2001. Words and Phrases Dictionary. Volume 33. 2006.

“Minimal standard of living,” for purpose of assessing dischargeability of student loan debt, is not to be equated with “poverty,” which may be defined as indigence, destitution or want, and which is characterized by lack of basic necessities; while a “minimal standard of living” may not include everything an individual may want, it is not, like poverty, a lifestyle lacking in necessities.



Poverty=not just monetary Poverty is not just net worth Words and Phrases 06“Poverty.” Def. Pa.Super. 1973. Words and Phrases Dictionary. Volume 33. 2006.

Question as to whether appellants are entitled to appeal in forma pauperis is not whether they are unable to pay the costs but whether they are in poverty, and for such purposes “poverty” does not refer solely to an appellant’s net worth but to whether he is able to obtain the necessities of life.



Poverty=lack of choice Poverty is the absence of choice Scuton, Research Prof, 07(Roger Scuton, Research Prof, Institute for the Psychological Sciences in Arlington, Virginia, 2007)

Poverty consists in a relative absence of choice; i.e. the poor person is always circumscribed in his activity in ways which are overcome by wealth. Secondly, that the ‘transition from quantity to quality’ seems to occur when the inability to obtain what is desired becomes an inability to obtain what is needed. Hence the poverty line corresponds to the point below which freedom of choice is so curtailed that a person cannot obtain what he needs



Poverty=no support Poverty means having no support Random House Webster’s College Dictionary 96

Poverty: 1)the state or condition of having little or no money, goods, or means of support; condition of being poor, indigence 2)deficiency of necessary or desirable ingredients, qualities, etc. 3)scantiness; insufficiency



Poverty=being poorPoverty means being poor Cambridge Dictionary, 2000 Cambridge University Press p.662

Poverty – n. the condition of being poor.



Poverty=defined by poverty line Poverty is defined by the poverty line Cambridge Dictionary, 2000 Cambridge University Press p.662

The poverty level/line is the amount of income a person or a family needs in order to maintain an acceptable standard of living, and below which they are considered poor.



Poverty=Lack of Money Poverty is a lack of money Oxford Dictionary of Environment And Conservation 07(“poverty” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t244.e6315>

poverty The state of having little or no money and few or no material possessions.

Poverty is the inability to afford things Oxford Dictionary of Economics 09(“poverty” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t19.e2396>

poverty Inability to afford an adequate standard of consumption.



Poverty=Lack of Well Being Poverty is a deprivation in well being Oxford Dictionary of Geography 09(“poverty” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t15.e2466>)

poverty ‘A pronounced deprivation in well being.’ A. Sen ( 1985 , 1993 ) argues that what is important to well-being is the ‘capability to function in society’. These capabilities include access to food, shelter, clothing, education, security, and good health: capabilities which the poor lack. The poor also lack a voice in society, are vulnerable to risk, and are powerless.



Poverty = Lack of Basic NeedsPoverty is a lack of basic capabilities Oxford Dictionary of Geography 09(“poverty” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t15.e2466>)

poverty ‘A pronounced deprivation in well being.’ A. Sen ( 1985 , 1993 ) argues that what is important to well-being is the ‘capability to function in society’. These capabilities include access to food, shelter, clothing, education, security, and good health: capabilities which the poor lack. The poor also lack a voice in society, are vulnerable to risk, and are powerless.

Poverty is the lack of vital resources A Dictionary of Public Health 07

(“poverty” <http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t235.e3604>poverty The condition of having insufficient resources to obtain or provide the necessities of life.

Poverty = unable to meet basic living needsCitro and Michael, Panel on Poverty, 95Constance Forbes Citro, Robert T. Michael, Panel on Poverty and Family Assistance, 1995, Measuring Poverty, Page 22

Our measure includes a specific concept of economic poverty by which to develop a new poverty threshold for a reference family type: inadequate resources to obtain basic living needs. We define those basic needs as food, clothing and shelter. There are other needs as well (e.g., personal care, transportation, but there is less agreement about them, so our approach provides a small amount for other needed spending by means of a multiplier that is applied to the amounts for food, clothing, and shelter.



Fed Poverty Line Good

Policymakers default to the federal line for poverty statistics.Gottschalk, econ prof at Boston College, 94 (Peter T. Gottschalk, “Poverty,” The McGraw-Hill Encyclopedia of Economics [ed Douglas Greenwald), 1994)In order to fight this war, policymakers needed to know the size of the poverty problem . Defining the scope of poverty proved to be difficult. While there was wide agreement that a family was poor if its income fell below some poverty threshold, there was much less agreement over where to set the threshold. After much discussion, a poverty line was defined in terms of the Department of Agriculture’s minimum food budget. The cost of the minimum food budget necessary to sustain a family during temporary emergencies was multiplied by three to reflect the assumption that food constituted one-third of the total budget. These poverty lines, which vary by family size and farm-nonfarm residence, became the basis for tabulating poverty statistics.

The federal poverty line is the most widely used and well-determined.Atkinson, econ prof at Oxford, 87 (A.B. Atkinson, “Poverty,” The New Palgrave: A Dictionary of Economics [ed. Eatwell, Milgate, Newman], 1987)As in many fields, the United States entered later and has taken the subject further. The definition of a poverty line was attempted by Hunter in 1904 and this was developed in a series of studies, such as the ‘minimum comfort’ and other budgets produced for New York City. There was the 1949 report on low-income families by the Joint Committee on the Economic Report. It was not however until the 1960’s that the problem of poverty received systematic study, with a few notable exceptions such as the work of Lampman (1959). The Other America by Harrington (1962) and The Affluent Society by Galbraith (1958) did much to arouse the attention of public, politicians and academics. The 1964 report of the Council of Economic Advisers set out the $3000 poverty level, drawing heavily on the research of Orshansky (1965), and this was subsequently refined to form the official poverty line, which has been applied since that date (with modifications, such as the addition of alternative measures including the value of transfers in kind).

Due to the varying definitions of poverty, the absolute measure of a “poverty line” should be defaulted to in policy-making.Hobsbawm, polisci prof and President of Birbeck College [U of London], 68(E.J., “Poverty,” International Encyclopedia of the Social Sciences [ed David Sills], Volume 12)

Poverty has always had several not entirely separable meanings and is always defined according to the conventions of the society in which it occurs. For administrative reasons definition may also take the form of fixing an absolute criterion of poverty (e.g. a “poverty line”). We may distinguish three meanings: (1) social poverty, (2) pauperism, and (3) moral poverty



Federal Poverty Line Bad The Federal Poverty Line is arbitrary and undermines effective policymakingMantell, staff writer for MarketWatch, 07Ruth Mantell, staff writer for MarketWatch, “Poverty Guidelines: Hurting or helping the poor?” 10/18/07

A major report in 1995 from the Panel on Poverty and Family Assistance, appointed by the National Research Council, noted numerous problems with the federal poverty guideline: "It no longer provides an accurate picture of the differences in the extent of economic poverty among population groups or geographic areas of the country, nor an accurate picture of trends over time...There have been marked changes in the nation's economy and society and in public policies that have affected families' economic well being, which are not reflected in the measure." The report makes another important statement: "Without revision, and in the face of continuing socioeconomic change as well as changes in government policies, the measure will become increasingly unable to inform the public or support research and policy making." Despite those recommendations twelve years ago, no changes have been made in how the government estimates the poverty level.

The FPL is too blunt – only its multiples are used to guide policy-making Mantell, staff writer for MarketWatch, 07Ruth Mantell, staff writer for MarketWatch, “Poverty Guidelines: Hurting or helping the poor?” 10/18/07

This year the federal poverty guideline is $20,650 for a family of four in the contiguous states and the District of Columbia. "When you talk about the poverty line a lot of people think it's much too low because it's really hard to sustain a family on that amount," said John Iceland, former chief of the Census Bureau's poverty and health statistics branch. A family trying to make ends meet in New York in 2004 would have needed $58,656 -- about three times the federal poverty guideline of $18,850 in that year, according to the Economic Policy Institute, a nonpartisan think tank. Despite its seemingly unrealistic estimation of poverty, eligibility is pegged to the poverty guideline for many federal programs ranging from Food Stamps to SCHIP, the children's health insurance program. "You are talking about programs geared toward the lower-income population, and the [federal poverty levels] just aren't doing the trick," said Iceland, now an associate professor in the University of Maryland's sociology department. No positives about a 'really outdated measure' There's a tacit acknowledgement among politicians and program administrators that the federal poverty guidelines are blunt tools. When it comes to the State Children's Health Insurance Program, lawmakers don't even mention making eligibility requirements for families at 100% of the federal poverty level. Rather, proposals call for SCHIP eligibility to be set at various multiples of the federal poverty level. "Using a multiple of the FPL dampens some of the damage that you could do, but it's obviously arbitrary," said Jared Bernstein, director of EPI's living standards program. "There's nothing positive about using a really outdated measure.”



Several heart of the topic social services cover people above the poverty linePrice-Livingston, Research Attorney, 99(Susan, “Assistance of Near Poor Family”, http://search.cga.state.ct.us/dtsearch.asp?cmd=getdoc&DocId=22213&Index=I:\zindex\1999&HitCount=0&hits=&hc=0&req=&Item=9606)

You asked about assistance programs for families with too much income to qualify for the Temporary Assistance to Needy Families (TANF, or cash welfare) program. Your constituent's family income is $ 24,300 . She lives in her own home with her disabled husband and three children. She has significant past-due hospital and doctor's bills, and an ongoing need for expensive prescription drugs for both herself and her husband. We are assuming that the family's only health insurance is the husband's Medicare coverage. SUMMARY We were unable to locate any cash assistance program for which this family might qualify, but several property tax, health insurance, hospital, and food assistance programs might reduce their out-of-pocket expenses. PROPERTY TAX RELIEF Several state and local property tax relief programs benefit people with disabilities. Your constituent can find out whether her family qualifies by telephoning her local tax assessor. (In some cases, tax relief applications must be filed by October 1. ) HEALTH INSURANCE ASSISTANCE Medicare Your constituent's husband may be eligible for the Additional Low-Income Medicare Beneficiaries (ALMB) program. People who meet the Medicaid program's non-financial eligibility criteria, such as those collecting Social Security Disability benefits, with income between 120% and 135% of the federal poverty level (FPL; the 1999 FPL for a family of 5 is $ 19,520 ) have their Medicare Part B premiums paid under this program. The Department of Social Services (DSS) enrolls people on a first-come, first-served basis. Your constituent's husband may also be able to change to a Medicare managed care plan that covers prescription drugs. Counselors at the CHOICES health insurance assistance program for the Norwich area (887-3561) can advise him on coverage options. HUSKY All children in the household under 19 years of age can be enrolled in the state HUSKY health insurance plan (which covers prescription drugs) at no cost to the family. And beginning July 1, 2000, your constituent may also enroll if she is not eligible for employer-sponsored insurance and the family's income remains less than 185% of the FPL. Applications are available at DSS offices and other locations, or can be completed over the telephone (1-800-656-6684). HOSPITAL BED FUNDS Many hospitals have "hospital bed funds" or other charitable trusts that assist patients who cannot pay their bills. By law, if they do, they must give people information about them. The billing office of the facility where your constituent was hospitalized can tell her whether such funds are available for her use. FOOD STAMPS The family also meets the income guidelines for the Food Stamps program. If they meet the program's asset test ($ 2,000, but not all assets are counted), they will qualify for that program. DSS offices process Food Stamps applications.


http://search.cga.state.ct.us/dtsearch.asp?cmd=getdoc&DocId=22213&Index=I:%5Czindex%5C1999&HitCount=0&hits=&hc=0&req=&Item=9606

http://search.cga.state.ct.us/dtsearch.asp?cmd=getdoc&DocId=22213&Index=I:%5Czindex%5C1999&HitCount=0&hits=&hc=0&req=&Item=9606


***Specific Topicality Arguments***1NC Increase isn’t Removing a Barrier

A. Increase is direct growth not removing a barrierRandom House Webster’s College Dictionary 96

Increase: 1)to make greater, as in number, size, strength, or quality; augment 2)to become greater, as in number, size, strength, or quality 3)to multiply by propagation 4)growth or augmentation in size, strength, quality 5)the act or process of increasing

b) Violation: the aff does not increase social services directly but rather removes a barrier that allows for future increases

c) Standards:1. Limits: they're only effectually topical their interp allows removing literally any barrier this opens the floodgates and overstretches our research burden 2. Predictability: they force us to prepare by looking to their solvency by having a plan text with no resolutional basis. 3. Topic-specific education: under their interpretation of debate, we never discuss the resolutional but instead a number of unrelated steps.

d) T is a voter for our standards and jurisdiction.

e) Evaluate T in a framework of competing interpretations; if we win that our interpretation is best for debate, you vote them down. Reasonability is arbitrary and mandates judge intervention.

f) FX:T is an independent voting issue for education and fairness



1NC US = 50 States

a. United States means the 50 states.US Code 07 (7 USCS § 2116, lexis)The term "United States" means the 50 States of the United States of America.

b. Violation – the aff’s plan does not take place within the fifty states.

c. Standards1. Limits – They completely unlimit the topic by targeting a foreign entity. Jacks neg ground and puts an unreasonable research burden on the negative. Key to fairness.

2. Education – The aff must provide a plan which occurs within the US – key to education on domestic poverty and social services which are the core of the topic

3. Competing Interpretations Good – avoid judge intervention by providing a clear guideline and ensure definition of the topic grounded in the lit base, key to fairness and education

4. T is a voter for fairness and education.



2NC US=50 States Overview

The resolution is pretty clear, the plan must take place within the united states. Aff interpretation is bad because it destroys predictable limits. The aff justifies clearly untopical plans like giving aid to poor people in India. Predictability is key to fairness which you have effectively quashed. The aff also justifies the wrong kind of education by forcing us to debate about non-domestic policy unrelated to the resolution. Vote on competing interpretations- ours is superior, and provides the fairest debate.



1NC United States Excludes Indian Nations

A. Indian tribes have governments distinct from the USFGAmerican Indian Policy Center 02 (“American Indian Tribal Sovereignty Primer,” from the American Indian Policy Center [aims to research policy-makers on issues surrounding Native legal rights, http://www.airpi.org/pubs/indinsov.html)The U.S. Constitution recognizes Indian tribes as distinct governments. It authorizes Congress to regulate commerce with "foreign nations, among the several state, and with the Indian tribes."2

B. The plan offers social services to Native Americans.

C. Standards1. Limits – They completely unlimit the topic by targeting a foreign entity. Jacks neg ground and Key to fairness.

2. Education – The aff must provide a plan which occurs within the US – key to education on domestic poverty and social services which are the core of the topic

3. Competing Interpretations Good – avoid judge intervention by providing a clear guideline and ensure definition of the topic grounded in the lit base, key to fairness and education

4. T is a Voting Issue for fairness and education.



2NC United States Excludes Indian Nations

1. Extend American Indian Policy Center 02. The US Constitution recognizes Indian nations as distinct nations which interact with the US how a foreign government would.

2. This status as separate nation is also reflected in treatiesAmerican Indian Policy Center 02 (“American Indian Tribal Sovereignty Primer,” from the American Indian Policy Center [aims to research policy-makers on issues surrounding Native legal rights, http://www.airpi.org/pubs/indinsov.html)Treaties formalize a nation-to-nation relationship between the federal government and the tribes .

3. Reservations are sovereign and govern themselves.American Indian Policy Center 02 (“American Indian Tribal Sovereignty Primer,” from the American Indian Policy Center [aims to research policy-makers on issues surrounding Native legal rights, http://www.airpi.org/pubs/indinsov.html)What is Sovereignty?Sovereignty is an internationally recognized concept. A basic tenent of sovereignty is the power of a people to govern themselves. Tribal SovereigntyAmerican Indian tribal powers originate with the hisotry of tribes managing their own affairs. Case law has established that tribes reserve the rights they had never given away.1



1NC Increase Not Create

A. Interpretation—Increase implies a previous existenceCJS, 44 (Corpus Juris Secundum, P. 545)

Increase:In general: a word in common use and variously used and therefore of doubtful and equivocal import. It is derived from “cresco”, to grow and implies the existence of something made. the subject of the increase, etc.

B. Violation- The affirmative creates a new program or form of social services

C. Impacts

Predictability—An increase in preexisting social services is critical to provide a predictable number of cases for the neg to research—A lot of authors think crazy things are social services, limiting the topic to preexisting government services is critical to provide a predictable list of affs the neg has to research

Limits—There are hundreds of ways to provide social services—Allowing the neg to create new types of social services explodes the neg research burden and makes it impossible for the neg to be prepared

Ground—Liming the affs to an increase in preexisting services is crucial to a stable neg lit base—allowing new types of services gives the affirmative an unfair advantage because authors have a natural incentive to talk about the advantages of their advocacy—debating about preexisting services allows us to research both sides of the debate surrounding a government policy



2NC Increase Not Create Overview

Our interpretation is that the affirmative has to substantially increase preexisting government social services—we’ll isolate three impacts

1. Predictability—Forcing the affirmative to increase preexisting government social services is crucial to provide a predictable list of affirmatives for the neg to research—random authors think crazy things are social services—current government programs provide a predictable list of affirmatives for the neg to research

Predictability turns and outweighs all other standards because what is predictable is the only thing we can be prepared for—even if they win a more limiting definition a smaller caselist is useless if there is no way for the negative to predict what affs will be read

And it’s a better I/L to education—the research we do before rounds is the only way to become truly informed about the implications of increasing socials services

2. Limits—There are hundreds of ways to increase social services to people living in poverty—limiting the negative to preexisting programs provides a finite list of topical affirmatives—

A small topic is the crucial to thorough in-depth debates—Allowing an infinite number of affs destroys the negs ability to cut specific case negs which causes stale, debates over generics like states and politics rather than in-depth discussions of the specific affirmatives

3. Ground—Allowing new services guarantees the lit base will go affirmative because authors have an incentive to say their advocacy is a good idea—Only debating about preexisting programs provides a stable aff and neg lit base because there are always two sides of debates on the effectiveness of government programs

This is the critical I/L to fairness—Fairly distributing aff and neg ground is crucial to ensure both sides are on equal footing coming into the debate



2NC Increase Not Create

The affirmative has to expand a preexisting government program—To increase is to augment or make something greater

Collins English Dictionary 98(General Consultant: JM Sinclair, HarperCollins, pg 1568) [Tanay]

Increase: 1)to make or become greater in size, degree, frequency, etc.; grow or expand 2)the act of increasing; augmentation 3)the amount by which something increases.

This requires evidence of a baseline

Ripple, Circuit Judge, 87 (Plaintiff-Appellant v. Frances Slocum Bank & Trust Company, State Automobile Insurance Association, and Glssley Agency of Whitley, Indiana, Defendants- Appellees, 824 F. 2d 570; 1987 U.S. App. LEXIS 9816, 9/24)

Also related to the waiver issue is appellee’s defense relying on a provision of the insurance policy thatsuspends coverage where the risk is increased by any means within the knowledge or control of the insured. However, the term “increase” connotes change. To show change, appellees would have been required to present evidence of the condition of the building at the time the policy was issued. See 5 J. Appleman & J. Appleman. Insurance Law and Practice 2941 at 4-5 (1970). Because no such evidence was presented, this court cannot determine, on this record, whether the risk has, in fact, been increased.



1NC Substantial Increase is 30%

A. Interpretation: Substantial increase is at least 30-50%Hantash, 2k6 (Patent Attorneys & Engineers Lynch Kneblewski - Sâo Paulo, Feras, 3/16, http://www.freshpatents.com/Method-for-detecting-cystic-fibrosis-dt20060316ptan20060057593.php)

[0011] A substantial increase in the amount of a CFTR target segment identified means that the segment has been duplicated while a substantial decrease in the amount

of a CFTR target segment identified means that the target segment has been deleted. The term "substantial decrease" or "substantial increase" means a decrease or increase of at least about 30-50%. Thus, deletion of a single CFTR exon would appear in the assay as a signal representing for example of about 50% of the same exon signal from an identically processed sample from an individual with a wildtype CFTR gene. Conversely, amplification of a single exon would appear in the assay as a signal representing for example about 150% of the same exon signal from an identically processed sample from an individual with a wildtype CFTR gene.

B. Violation: The plan is not a substantial increase

C. This is a voting issue –

1. Limits – if they don’t have to be a substantial increase, it infinitely opens up a range of smaller affirmatives, allowing minor policy adjustments to existing incentives, or targeting single groups like Native Americans or the post office, or making current tax breaks permanent, or removing existing barriers to incentives without materially increasing them.

2. Negative ground – the topic is huge with dozens of categories of social services and ways to increase them, the only common element for predictable negative disads is based on the size of the plan mechanism – we can get a tradeoff link to any case but if the aff is tiny then we won’t have a realistic chance.



1NC Substantial = 90%

A. Interpretation Substantially is at least 90%Words and Phrases, 2k5 (v. 40B, p. 329)

N.H. 1949. The word “substantially” as used in provision of Unemployment Compensation Act that experience rating of an employer may be transferred

to an employing unit which acquires the organization, trade, or business, or “substantially” all of the assets thereof, is an elastic term which does not include a

definite, fixed amount of percentage, and the transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation. R.L. c 218, § 6, subd. F, as added by Laws 1945, c.138, § 16.

B. Violation: The plan is not a substantial increase

C. This is a voting issue –

1. Limits – if they don’t have to be a substantial increase, it infinitely opens up a range of smaller affirmatives, allowing minor policy adjustments to existing incentives, or targeting single groups like Native Americans or the post office, or making current tax breaks permanent, or removing existing barriers to incentives without materially increasing them.

2. Negative ground – the topic is huge with dozens of categories of social services and ways to increase them, the only common element for predictable negative disads is based on the size of the plan mechanism – we can get a tradeoff any case but if the aff is not substantial then we won’t have a realistic chance.



2NC Substantial= 90% Overview

Limits- if the affirmative doesn’t provide a substantial increase, it opens up any number of affirmatives that only had to increase social services by even less than 1% and they could claim that they were increasing. It also allows minor policy adjustments, or targeting single group minorities or removing existing barriers without a quantitative increase. Setting up an exact percentage sets up a bright line between topical and untopical and makes the affirmative slightly more predictable.



1NC Social Services= Social Workers

1) Definition –Social services are provided through social workers

Random House Webster’s College Dictionary 96

Social services: organized welfare efforts carried on under professional auspices by trained personnel

2) Violation – the affirmative does not exclusively use social workers in their plan

3) Standards –

a. Limits – with a topic as big as poverty, the negative is at a distinct disadvantage to the affirmative, who could research thousands of miniscule social services. Limits to the aff are the only fair way to insure clash, equal aff and neg ground, and fairness.

b. Extra-T – they claim advantages on areas that are not based on social workers. Extra-T causes the debate to divert to arguments that do not discuss the core issues of this year’s resolution, completely destroying topic-centered education and the point of debate. This is an individual voting issue for fairness and education..

4) T is a Voting Issue for Fairness and Education



2NC Social Services = Social Workers Overview

Under our definition, the affirmative is not topical because their plan does not use social workers. Webster’s Dictionary 96 says that the term “social services” are limited to assistance provided by social workers. You should prefer our definition because we limit the number of plans the aff can run, preventing the aff to come up with obscure, minor programs that explode and already-huge topic. Also, the aff is extra-topical, shifting the debate from the resolution. T is a voting issue for fairness and education.

AT: Counter-interpretation

1) Prefer our standards:

a. Limits – we increase in depth education as opposed to the aff. Even if the aff definition allows for more plans, they still destroy predictability and clash, which leads to a poor debate and destroys in-round education.

b. Extra-T – the education the aff provides is not centered on the resolution, making debate a pointless sport if we are expected to cut arguments about untopical affs.

c. Brightline – the aff definition still provides no distinct difference between social services and public assistance. Our definition offers the most comprehensive and logical distinction.

d. Contextuality – prefer Kirshbaum 85 because it is contextual, offers a literature base, and therefore is the most predicable and real-world definition in this round.

2) Extend our voting issue for fairness and education



1NC Persons=Humans

A. Persons means human beings Random House Webster’s College Dictionary 96

Persons:1)a human being; a man, woman or child 2)a human being as distinguished from an animal or a thing 3)the actual self or individual personality of a human being 4)the body of a living human being, sometimes including the clothes being worn

B. The plan increases to social services to non humans

C. StandardsLimits- They explode all of the limits by giving social services to anything. If they are not limitedto humans than they can choose to help corporations, animals, aliens and other incredibly Unpredictable beings.

Ground- Their world allows pets and other life forms to receive social services, which kills all negative DA ground. We cant get links to most of the topic specific Disads like immigration and military recruitment.



2NC Persons=HumansAT: Counter Interp includes humans1. The Counter interpretation overlimits the topic, because it allows for countless number of other beings to receive social sevices which means that the NEG will always be at a disadvantage when debating them

2. the Counter interpretation would be horrible for ground, the NEG could never get predictable ground because the AFF can choose in being to be the recipient of their aid.

A2: Generic DA ground

1. All Generic DA literature, like politics is based on congress signing a policy for humans, there is almost no literature on congressional policies and animals. This means that the AFF will always be ahead on the link debate forcing the negative to cut bad evidence.

2. Generic DA are terrible for education- we never learn anything if we keep running spending from year to year, topic specific literature is key to unique education on this years topic.



1NC Persons Aren’t Corporations

A. Persons are not corporationsThe Free Dictionary, 2003, (http://legal-dictionary.thefreedictionary.com/Person)

PERSON. This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes. 1 Bouv. Inst. n. 137. 2. It is also used to denote a corporation which is an artificial person. 1 Bl. Com. 123; 4 Bing. 669; C. 33 Eng. C. L R. 488; Woodes. Lect. 116; Bac. Us. 57; 1 Mod. 164. 3. But when the word "Persons" is spoken of in legislative acts, natural persons will be intended , unless something appear in the context to show that it applies to artificial persons. 1 Scam. R. 178.

B. The plan targets corporations

C. StandardsLimits- including broad definitions of the word persons allows the affirmative to target anyone or anything. They could choose from hundreds of corporations that have absolutely nothing to do with peoples living in poverty, and offer thousands of different services, like legal, debt reduction etc.

Ground- The Kills all grounds to this years best Disads like immigration and military recruitment DAs. They can spike out off all of our Topic specific Disads and force us to debate only on their ground.


http://legal-dictionary.thefreedictionary.com/Person


2NC Persons Aren’t Corporations Overview

Prefer our definition; it is the only definition that makes the distinction of an artificial person i.e. a corporation which is generally only applicable in courts, versus natural human beings that are the object of legislative acts. This is simply the best definition in round because it sets the most reasonable standards for debate. The AFF should only be able to claim human beings as the recipient of their services because it limits the debate to only arguments off of humans, and not animals. There is no literature basis for negative arguments about giving social services to non-humans, which means that the NEG will never be able to debate them on case.



INC Poverty = Fed Poverty Line

A. Definitions – Poverty is defined by the Federal Poverty LineOCPP, Oregon Center for Public Policy, 09OCPP, Oregon Center for Public Policy, “Federal Government Issues New Poverty Line for 2009,” January 23, 2009, http://www.ocpp.org/cgi-bin/display.cgi?page=nr20090123Povert [Tom]

The 2009 Federal Poverty Income Guidelines, published in today’s Federal Register, set the definition of poverty that Oregon uses to determine eligibility for programs such as child care subsidies, Head Start, food stamps, school lunches, energy assistance and some health care programs. The poverty guidelines vary by family size. This year, for example, a family of three with an annual income of $18,310 or under qualifies as poor, up from $17,600 in 2008. A four-person family would be poor if their annual income is $22,050 or less.

For declares the targets of social servicesCambridge Dictionary, 2k Cambridge University Press p.334


B. Violation – The aff targets persons outside of poverty instead of all persons in poverty

C. Standards1. Limits – failure to limit eligibility to persons in poverty explodes the topic – every government policy affects persons in poverty

2. Ground – universal counterplans and criticisms of the federal poverty line are core negative ground

3. Xtra-T – we can’t predict what other groups of people they’ll offer their social service to – makes it impossible to prepare

4. Contextuality – our definition of poverty is the most predictable because it’s defined by the resolutional actor – when the usfg enacts poverty policies, this is the definition they turn to

D. Voter for education and fairness


http://www.ocpp.org/cgi-bin/display.cgi?page=nr20090123Povert


2NC Poverty= Fed Poverty Line OverviewThe affirmative is offered to persons above the federal poverty line – this is bad for four reasons:First is limits – the term “for” designates the targets of “social services” – that’s Cambridge Dictionary 2k – offering services beyond persons living poverty explodes the topic by making any social service that affects the poor topical – for example: universal healthcare, broad education reform or military conscriptionSecond is ground – universal counterplans and criticisms of the federal poverty line are core negative ground - that’s why the framers included the clause “for persons living in poverty”Third is Xtra T – their advantages stem from offering social services to the non-poor – this is unpredictable aff ground that the negative can’t prepare for – there’s a topical version of the aff – just exclusively target persons living in povertyFourth is Contextuality – the Federal Poverty Line determines the definition of poverty – that’s OCPP 09 - Prefer our definition because it’s the one issued by the resolutional actor – most predictable and key to a stable literature baseAnd even if they win that they don’t target persons out of poverty, they need to target all persons living in poverty – that’s our Cambridge 2k – and we’ll card it - this is the federal government and it accesses resolutional synergismUS Census Bureau 05US Census Bureau, Small Area Income and Poverty Estimates (SAIPE) program, “Persons Living in Poverty,” 6/6/05 , http://www.data.gosap.governor.virginia.gov/GOSAP_App/DocumentsUploaded/20050606132236.Poverty%20All%20Ages.pdf [Tanay/Tom]

Persons Living in Poverty Source: U.S. Bureau of the Census, Small Area Income and Poverty Estimates (SAIPE) program. Definition: The total number of people in poverty. Limitations: Estimates exclude all persons living in military families and the population residing in institutional group quarters. Some examples of institutional group quarters are correctional facilities, juvenile institutions, and nursing homes. However, the estimates do include persons residing in non- institutional group quarters, such as college dormitories, fraternity, and sorority houses. The official poverty threshold varies only by age of the household head (under and over age 65), and family size. There is no differentiation for the cost of living from one area or region of the country to another

The impact to all of this is predictability – absent predictable limits and ground, the negative cannot prepare, undermining fairness and education


http://www.data.gosap.governor.virginia.gov/GOSAP_App/DocumentsUploaded/20050606132236.Poverty%20All%20Ages.pdf


AT: Counter-Interpretation – Poverty = Basic Needs

1. Their definition is arbitrary – there’s no objective way of determining what constitutes a basic need – prefer our brightline – key to predictability ground and limits

2. Even if they win that the federal standard is inadequate for policymaking, that’s not a reason to prefer their interpretation – if we win that the federal poverty line is the most predictable, then that’s how the term should be defined – allowing the aff to redefine terms to better suit their particular policies is infinitely regressive and explodes limits

3. We’re the most predictable – heart of the topic programs use the FPL to determine eligibilityIRP, Institute for Research on Poverty 09Institute for Research on Poverty, based on explanations by Gordon M. Fisher, a program analyst in the Office of the Assistant Secretary for Planning and Evaluation in the Department of Health and Human Services, "What are poverty thresholds and poverty guidelines?" 3/19/09, http://www.irp.wisc.edu/faqs/faq1.htm#use [Tom]How are the HHS poverty guidelines used? The HHS poverty guidelines are used in setting eligibility criteria for a number of federal programs. Some programs actually use a percentage multiple of the guidelines, such as 125 percent, 150 percent, or 185 percent. This is not the result of a single coherent plan; instead, it stems from decisions made at different times by different congressional committees or federal agencies.Some examples of federal programs that use the guidelines in determining eligibility are: •HHS: Community Services Block Grant, Head Start, Low-Income Home Energy Assistance, Children's Health Insurance Program •Department of Agriculture: Food Stamps; Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); the National School Lunch and School Breakfast programs •Department of Energy: Weatherization Assistance •Department of Labor: Job Corps, Senior Community Service Employment Program, National Farmworker Jobs Program •Legal Services Corporation: Legal services for the poor Certain relatively recent provisions of Medicaid use the poverty guidelines; however, the rest of that program (accounting for roughly three-quarters of Medicaid eligibility determinations) does not use the guidelines. Major means-tested programs that do NOT use the poverty guidelines in determining eligibility include Temporary Assistance for Needy Families (and its predecessor, Aid to Families with Dependent Children), Supplemental Security Income, the Earned Income Tax Credit program, the Department of Housing and Urban Development's means-tested housing assistance programs, and the Social Services Block Grant. Some state and local governments have chosen to use the federal poverty guidelines in some of their own programs and activities. Examples include state health insurance programs, financial guidelines for child support enforcement, and determination of legal indigence for court purposes. Some private companies such as utilities, telephone companies, and pharmaceutical companies have also adopted the guidelines in setting eligibility for their services to low-income persons


http://www.irp.wisc.edu/faqs/faq1.htm#use


Poverty=Fed Poverty Line Violation Booster – MilitaryMilitary members are not defined as “persons living in poverty” – this definition is from the federal government and accesses resolutional synergismUS Census Bureau 05US Census Bureau, Small Area Income and Poverty Estimates (SAIPE) program, “Persons Living in Poverty,” 6/6/05 , http://www.data.gosap.governor.virginia.gov/GOSAP_App/DocumentsUploaded/20050606132236.Poverty%20All%20Ages.pdf [Tanay/Tom]Persons Living in Poverty Source: U.S. Bureau of the Census, Small Area Income and Poverty Estimates (SAIPE) program. Definition: The total number of people in poverty. Limitations: Estimates exclude all persons living in military families and the population residing in institutional group quarters. Some examples of institutional group quarters are correctional facilities, juvenile institutions, and nursing homes. However, the estimates do include persons residing in non- institutional group quarters, such as college dormitories, fraternity, and sorority houses. The official poverty threshold varies only by age of the household head (under and over age 65), and family size. There is no differentiation for the cost of living from one area or region of the country to another




Poverty=Fed Poverty Line Violation Booster – PrisonsPrisoners are not defined as “persons living in poverty” – this definition is from the federal government and accesses resolutional synergismUS Census Bureau 05US Census Bureau, Small Area Income and Poverty Estimates (SAIPE) program, “Persons Living in Poverty,” 6/6/05 , http://www.data.gosap.governor.virginia.gov/GOSAP_App/DocumentsUploaded/20050606132236.Poverty%20All%20Ages.pdf [Tanay/Tom]

Persons Living in Poverty Source: U.S. Bureau of the Census, Small Area Income and Poverty Estimates (SAIPE) program. Definition: The total number of people in poverty. Limitations: Estimates exclude all persons living in military families and the population residing in institutional group quarters. Some examples of institutional group quarters are correctional facilities, juvenile institutions, and nursing homes. However, the estimates do include persons residing in non- institutional group quarters, such as college dormitories, fraternity, and sorority houses. The official poverty threshold varies only by age of the household head (under and over age 65), and family size. There is no differentiation for the cost of living from one area or region of the country to another




1NC Social Services EXCLUDE Medical Care/Welfare/Education 1)Social services are inclusively defined by Title XX.Indiana Code 2(“Article 13. Federal Social Services Block Grant Act”, Effective 92, http://www.in.gov/legislative/iac/T04700/A00130.PDF)[Tanay]

470 IAC 13-1-1 Definitions Authority: IC 12-13-2-3; IC 12-13-5-3 Affected: IC 12-13-10 Sec. 1. (a) "Adults" means individuals who are age eighteen (18) or older. (b) "Applicant" means an individual who makes formal application for or makes a request for social services. (c) "Board" means the interdepartmental board for the coordination of human service programs. (d) "Children" means individuals who are less than eighteen (18) years of age. (e) "Family", for income eligibility purposes, means one (1) or more adults and children, if any, related by blood or law or otherwise living as a family unit and residing in the same household. Where adults, other than spouses, reside together, each is considered a separate family. Emancipated minors and children living under the care of individuals not responsible for that care are considered one-person families. (f) "Necessary rates" are rates that are based upon costs which are usual and customary for the provision of the service being performed. (g) "Provider" means the social service entity (individual, firm, partnership, corporation, state or local governmental unit, company, or association) under contract to provide social services. (h) "Reasonable rates" are rates that are comparable and competitive with the going rate for comparable services in the locality where services are to be provided. If there are no other providers in the geographic area, reasonable and necessary rates are rates that are comparable and competitive on a statewide basis. (i) "Recipient" means an eligible applicant who actually receives social services. (j) "Social services" means services purchased using Federal Social Services Block Grant Act funds and state and local funds. (k) "Social Services Block Grant Act (42 U.S.C. 1397)" means payments made to the state pursuant to Title XX of the Social Security Act (Sec. 1397(a)(1)), and within 490 IAC 2 the term is synonymous with the term SSBG Act. (Division of Family Resources; 470 IAC 13-1-1; filed Dec 5, 1983, 3:01 pm: 7 IR 348; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA) NOTE: Transferred from the Interdepartmental Board for the Coordination of Human Service Programs (490 IAC 2-1-1) to the Division of Family and Children (470 IAC 13-1-1) by P.L.9-1991, SECTION 132, effective July 1, 1992.

And, Title XX excludes medical care, welfare and educationGish, Domestic Social Policy at UNT, 3(Melinda, “Social Services Block Grant(Title XX of the Social Security Act)”, http://digital.library.unt.edu/govdocs/crs/permalink/meta-crs-5384:1)[Tanay]SSBG funds also may be used for administration, planning, evaluation, and training. States may transfer up to 10% of SSBG funds to block grants for health activities and low-income home energy assistance. However, the law also contains certain prohibitions on the use of SSBG funds. Specifically, SSBG funds cannot be used for capital purchases or improvements; cash payments to individuals (except that welfare reform allows vouchers for certain families, as described above); payment of wages as a social service; medical care; social services for residents of institutions; public education; child care that does not meet applicable state or local standards; or services provided by anyone excluded from participation in Medicare or other Social Security Act programs. In addition, SSBG funds may not be used for items or services related to assisted suicide (this provision was added in 1997, under P.L. 105-12.)

2)Vote neg a)Limits—title XX is the federal definition is what policymakers and debaters should default to, making it the most predictable limit. b)Ground—title XX allows for generic block grant offense and states CPs, opening the floodgates destroying all predictable negative ground

Voter for jurisdiction fairness and education.


http://digital.library.unt.edu/govdocs/crs/permalink/meta-crs-5384:1


2NC Social Services EXCLUDE Medical Care/Welfare/Education OverviewOur interpretation is that the aff must increase funding for a program included in Title XX, that’s the Indiana Code 2 card. This is best for debate because it creates

a)predictability—policy debaters doing research will default to a federal definition of the topic—any other definition is arbitrary and destroys the topic/explodes the topicb)ground—we will never be able to garner generic links off of any of their arbitrary affs; the topic is large enough; multiplying the number of cases they justify with the number of potential funding mechanisms results in dozens of more affs making it impossible for us to win

On the voters debate, they make a critical concession with our jurisdiction voter. Plan text is not on face topical, you default neg since it’s not in your jurisdiction as a judge to vote aff. No new 1AR analysis here.Additionally, there are topical ways to claim their advantagesParham, professor at the University of Georgia, 82(Jim, “Social Service Issues and Challenges in the 1980’s'”, August, http://www.informaworld.com/smpp/ftinterface?content=a904826764&rt=0&format=pdf)[Tanay]

Before I go further, let me state that in pursuing these topics, the term "social services" will be used by me as roughly equivalent to those services that can be supported with Federal Title XX funds. This does not settle the confusion, but it makes for a subject more narrow than “human services" yet broader than "social work services." It excludes income maintenance provision, tax supported educa tion programs generally available to an citizens, services that are primarily medical in nature, and the maintenance of institutions for residential care, treatment or in carceration . It focuses primarily on those community-based activities designed to accomplish the five stated goals in the Title XX Statute (Slack, 1979).


http://www.informaworld.com/smpp/ftinterface?content=a904826764&rt=0&format=pdf


Social Services EXCLUDE Medical Care/Welfare/Education A2: Counter Interp1)You prefer the interpretation for a couple of reasons

a)We set the best limits on the topic by providing an inclusive list in the overview of what affs are T and the 1NC list of what is NOT topical. This provides for good debate and allows for a fair number of casesb)Even if we lose the overlimiting debate, we are ahead on the question of predictable limits; it’s irrelevant if they limit the topic more if those limits are unpredictable—the best way to ensure negative ground is by voting for the most predictable limits. Even one case multiplied by types of grants and funding mechanisms explodes the topicc)as a policy maker, you are required to default to the federal government definition of social services, which is also the most uniformHouse Ways and Means Green Book 2000(“Social services block grant”, accessed at http://www.policyalmanac.org/social_welfare/archive/ssbg.shtml)[Tanay]

Some restrictions are placed on the use of title XX funds. Funds cannot be used for the following: most medical care except family planning; rehabilitation and certain detoxification services; purchase of land, construction, or major capital improvements; most room and board except emergency short-term services; educational services generally provided by public schools; most social services provided in and by employees of hospitals, nursing homes, and prisons; cash payments for subsistence; child day care services that do not meet State and local standards; and wages to individuals as a social service except wages of welfare recipients employed in child day care. DATA ON SERVICES, RECIPIENTS, AND EXPENDITURES In the past, limited information has been available on the use of title XX funds by the States. Under the Title XX Social Services Block Grant Program, each State must submit a report to the Secretary of the U.S. Department of Health and Human Services (DHHS) on the intended use of its funds. These preexpenditure reports are only required to include information about the types of activities to be funded and the characteristics of the individuals to be served. The Family Support Act of 1988 (Public Law 100-485) strengthened reporting requirements. That legislation required States to submit annual reports containing detailed information on the services actually funded and the individuals served through title XX funds. DHHS published a final rule on November 15, 1993 implementing the reporting requirements and providing uniform definitions of services. Although all States are now submitting these reports, DHHS has released very little summary information. In July 1999, DHHS released an analysis of expenditure and recipient data for fiscal years 1995-97; however, the analysis included only 40 States. At least 35 States in 1997 used title XX funds for each of the following services: (1) daycare for children; (2) foster care services for children; (3) home-based services; (4) prevention/intervention; and (5) protective services for children.



1NC Social Services exclude land grants, wage payment, healthcare, education, child care and welfare

1)Social services, as defined by the federal government, exclude land grants, wage payment, healthcare, education, child care and welfare

Title XX of the Social Security Act 35(Section 2005, 1935, US law, accessed at http://www.ssa.gov/OP_Home/ssact/title20/2000.htm) [Tanay]

SEC. 2005. [42 U.S.C. 1397d] (a) Except as provided in subsection (b), grants made under this title may not be used by the State, or by any other person with which the State makes arrangements to carry out the purposes of this title—(1) for the purchase or improvement of land, or the purchase, construction, or permanent improvement (other than minor remodeling) of any building or other facility; (2) for the provision of cash payments for costs of subsistence or for the provision of room and board (other than costs of subsistence during rehabilitation, room and board provided for a short term as an integral but subordinate part of a social service, or temporary emergency shelter provided as a protective service); (3) for payment of the wages of any individual as a social service (other than payment of the wages of welfare recipients employed in the provision of child day care services); (4) for the provision of medical care (other than family planning services, rehabilitation services, or initial detoxification of an alcoholic or drug dependent individual) unless it is an integral but subordinate part of a social service for which grants may be used under this title; (5) for social services (except services to an alcoholic or drug dependent individual or rehabilitation services) provided in and by employees of any hospital, skilled nursing facility, intermediate care facility, or prison, to any individual living in such institution; (6) for the provision of any educational service which the State makes generally available to its residents without cost and without regard to their income; (7) for any child day care services unless such services meet applicable standards of State and local law; (8) for the provision of cash payments as a service (except as otherwise provided in this section); (9) for payment for any item or service (other than an emergency item or service) furnished— (A) by an individual or entity during the period when such individual or entity is excluded under this title or title V, XVIII, or XIX pursuant to section 1128, 1128A, 1156, or 1842(j)(2), or (B) at the medical direction or on the prescription of a physician during the period when the physician is excluded under this title or title V, XVIII, or XIX pursuant to section 1128, 1128A,1156, or 1842(j)(2) and when the person furnishing such item or service knew or had reason to know of the exclusion (after a reasonable time period after reasonable notice has been furnished to the person); or (10) in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997[6].

2)Vote Nega) Limits—the federal definition of social services provides the most predictable limits on the topic by ensuring stable plan areas and mechanismsb)Brightline—our interpretation is the most specific, providing a clear brightline of what is not topicalc)Resolutional Synergism—we define the phrase “social services”Vote neg for fairness, education and jurisdiction


http://www.ssa.gov/OP_Home/ssact/title20/2005.htm#ft6%23ft6

http://www.ssa.gov/OP_Home/ssact/title18/1842.htm#act-1842-j-2

http://www.ssa.gov/OP_Home/ssact/title11/1156.htm

http://www.ssa.gov/OP_Home/ssact/title11/1128A.htm


http://www.ssa.gov/OP_Home/ssact/title18/1842.htm#act-1842-j-2


http://www.ssa.gov/OP_Home/ssact/title11/1128A.htm



2NC Social Services Exclude Land Grants etc. OverviewOur interpretation is that the FEDERAL social security act explicitly excludes the aff plan in title XX. This interpretation is what you default to because a)it’s the federal government definition which has precedence in policy debate and accesses predictability. The question of predictable limits precedes the question of overlimiting. The affirmative allows for 10 case areas and 3 funding mechanisms for each of them, providing a much fairer and educational debate than allowing for even 1 parody caseTitle XX of the Social Security Act 35(Section 2001, 1935, US law, accessed at http://www.ssa.gov/OP_Home/ssact/title20/2000.htm) [Tanay]

(A) services which are directed at the goals set forth in section 2001 include , but are not limited to, child care services, protective services for children and adults, services for children and adults in foster care, services related to the management and maintenance of the home, day care services for adults, transportation services, family planning services, training and related services, employment services, information, referral, and counseling services, the preparation and delivery of meals, health support services and appropriate combinations of services designed to meet the special needs of children, the aged, the mentally retarded, the blind, the emotionally disturbed, the physically handicapped, and alcoholics and drug addicts; and (B) expenditures for such services may include expenditures for— (i) administration (including planning and evaluation); (ii) personnel training and retraining directly related to the provision of those services (including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions); and (iii) conferences or workshops, and training or retraining through grants to nonprofit organizations within the meaning of section 501(c)(3) of the Internal Revenue Code of 1954 [3]or to individuals with social services expertise, or through financial assistance to individuals participating in such conferences, workshops, and training or retraining (and this clause shall apply with respect to all persons involved in the delivery of such services).

b)It provides the clearest brightline and intent to define, accessing predictability and is an agreed upon definitionIndiana Code 2(“Article 13. Federal Social Services Block Grant Act”, Effective 92, http://www.in.gov/legislative/iac/T04700/A00130.PDF)[Tanay]

470 IAC 13-1-1 Definitions Authority: IC 12-13-2-3; IC 12-13-5-3 Affected: IC 12-13-10 Sec. 1. (a) "Adults" means individuals who are age eighteen (18) or older. (b) "Applicant" means an individual who makes formal application for or makes a request for social services. (c) "Board" means the interdepartmental board for the coordination of human service programs. (d) "Children" means individuals who are less than eighteen (18) years of age. (e) "Family", for income eligibility purposes, means one (1) or more adults and children, if any, related by blood or law or otherwise living as a family unit and residing in the same household. Where adults, other than spouses, reside together, each is considered a separate family. Emancipated minors and children living under the care of individuals not responsible for that care are considered one-person families. (f) "Necessary rates" are rates that are based upon costs which are usual and customary for the provision of the service being performed. (g) "Provider" means the social service entity (individual, firm, partnership, corporation, state or local governmental unit, company, or association) under contract to provide social services. (h) "Reasonable rates" are rates that are comparable and competitive with the going rate for comparable services in the locality where services are to be provided. If there are no other providers in the geographic area, reasonable and necessary rates are rates that are comparable and competitive on a statewide basis. (i) "Recipient" means an eligible applicant who actually receives social services. (j) "Social services" means services purchased using Federal Social Services Block Grant Act funds and state and local funds. (k) "Social Services Block Grant Act (42 U.S.C. 1397)" means payments made to the state pursuant to Title XX of the Social Security Act (Sec. 1397(a)(1)), and within 490 IAC 2 the term is synonymous with the term SSBG Act. (Division of Family Resources; 470 IAC 13-1-1; filed Dec 5, 1983, 3:01 pm: 7 IR 348; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA) NOTE: Transferred from the Interdepartmental Board for the Coordination of Human Service Programs (490 IAC 2-1-1) to the Division of Family and Children (470 IAC 13-1-1) by P.L.9-1991, SECTION 132, effective July 1, 1992.


http://www.ssa.gov/OP_Home/ssact/title20/2002.htm#ft3%23ft3





2NC Social services Exclude Overviewc)And—there is a topical way of solving their aff Parham, professor at the University of Georgia, 82(Jim, “Social Service Issues and Challenges in the 1980’s'”, August, http://www.informaworld.com/smpp/ftinterface?content=a904826764&rt=0&format=pdf)[Tanay]

Before I go further, let me state that in pursuing these topics, the term "social services" will be used by me as roughly equivalent to those services that can be supported with Federal Title XX funds. This does not settle the confusion, but it makes for a subject more narrow than “human services" yet broader than "social work services." It excludes income maintenance provision, tax supported educa tion programs generally available to an citizens, services that are primarily medical in nature, and the maintenance of institutions for residential care, treatment or in carceration . It focuses primarily on those community-based activities designed to accomplish the five stated goals in the Title XX Statute (Slack, 1979).

And-the affirmative drops our jurisdiction voter—you can NOT vote affirmative if you think that there is any risk of a untopical plan text on face, which means you default neg.


http://www.informaworld.com/smpp/ftinterface?content=a904826764&rt=0&format=pdf


Social services Exclude Land Grants etc. A2: Counter Interpretation1)Our interpretation must be preferred for a couple of reasons

a)It’s the federal definition—it gets precedence over any other definition in the world of policy making—that’s the Indiana Code Card. That means that 1)it’s not in your jurisdiction to vote for the counter interp and 2)we access the best internal link to predictable limits b)Brightline and intent to define—cross apply that from abovec)Resolutional synergism—we define social services as opposed to the counter interpretationd)and, Title XX is the most stable definition of social servicesHouse Ways and Means Green Book 2000(“Social services block grant”, accessed at http://www.policyalmanac.org/social_welfare/archive/ssbg.shtml)[Tanay]

Some restrictions are placed on the use of title XX funds. Funds cannot be used for the following: most medical care except family planning; rehabilitation and certain detoxification services; purchase of land, construction, or major capital improvements; most room and board except emergency short-term services; educational services generally provided by public schools; most social services provided in and by employees of hospitals, nursing homes, and prisons; cash payments for subsistence; child day care services that do not meet State and local standards; and wages to individuals as a social service except wages of welfare recipients employed in child day care. DATA ON SERVICES, RECIPIENTS, AND EXPENDITURES In the past, limited information has been available on the use of title XX funds by the States. Under the Title XX Social Services Block Grant Program, each State must submit a report to the Secretary of the U.S. Department of Health and Human Services (DHHS) on the intended use of its funds. These preexpenditure reports are only required to include information about the types of activities to be funded and the characteristics of the individuals to be served. The Family Support Act of 1988 (Public Law 100-485) strengthened reporting requirements. That legislation required States to submit annual reports containing detailed information on the services actually funded and the individuals served through title XX funds. DHHS published a final rule on November 15, 1993 implementing the reporting requirements and providing uniform definitions of services. Although all States are now submitting these reports, DHHS has released very little summary information. In July 1999, DHHS released an analysis of expenditure and recipient data for fiscal years 1995-97; however, the analysis included only 40 States. At least 35 States in 1997 used title XX funds for each of the following services: (1) daycare for children; (2) foster care services for children; (3) home-based services; (4) prevention/intervention; and (5) protective services for children.



1NC Increase = Add to existing

“Increase” means to add to what already exists.

Corpus Juris Secundum in 44Corpus Juris Secundum, 1944, vol. 42, p. 546

“Increase” As a Verb. The term presupposes the existence in some measure, or to some extent, of something which may be enlarged, connotes a change or alteration in the original, and has been defined as meaning to extend or enlarge in size, extent, quantity, number, intensity, value, substance, etc.

Violation - The affirmative creates a new social service or extend an already existing social service.

Standards – a. Limits – if the affirmative can create any new social service then it explodes the limits and makes it impossible for the

negative to generate any real clashb. Predictability- the number of literature bases of new social services that authors suggest is an infinite number that the

negative just cannot research. New social services are completely unpredictable.

T is a voting issue for the standards above and T should be voted on based on a framework of competing interpretations

Increase means increasing pre-existing Buckley et al 06 (Jeremiah Buckley et al, Attorney, Amicus Curiae Brief, Safeco Ins. Co. of America et al v. Charles Burr et al,06 http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdf)

First, the court said that the ordinary meaning of the word “increase” is “to make something greater,” which it believed should not “be limited to cases in which a company raises the rate that an individual has previously been charged.” 435 F.3d at 1091. Yet the definition offered by the Ninth Circuit compels the opposite conclusion. Because “increase” means “to make something greater,” there must necessarily have been an existing premium, to which Edo’s actual premium may be compared, to determine whether an “increase” occurred. Congress could have provided that “adverse action” in the insurance context means charging an amount greater than the optimal premium, but instead chose to define adverse action in terms of an “increase.” That definitional choice must be respected, not ignored. See Colautti v. Franklin, 439 U.S. 379, 392-93 n.10 (1979) (“[a] definition which declares what a term ‘means’ . . . excludes any meaning that is not stated”). Next, the Ninth Circuit reasoned that because the Insurance Prong includes the words “existing or applied for,” Congress intended that an “increase in any charge” for insurance must “apply to all insurance transactions – from an initial policy of insurance to a renewal of a long-held policy.” 435 F.3d at 1091. This interpretation reads the words “existing or applied for” in isolation. Other types of adverse action described in the Insurance Prong apply only to situations where a consumer had an existing policy of insurance, such as a “cancellation,” “reduction,” or “change” in insurance. Each of these forms of adverse action presupposes an already-existing policy, and under usual canons of statutory construction the term “increase” also should be construed to apply to increases of an already-existing policy. See Hibbs v. Winn, 542 U.S. 88, 101 (2004) (“a phrase gathers meaning from the words around it”) (citation omitted).


http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/06-84.mer.ami.mica.pdf




***STANDARDS***FX T Good

1. On this year’s topic, FX T is both essential and inevitable- affs that reverse court decisions (i.e. abortion) and then lead to an increase in a social service are part of the core of the topic

2. Real World- any policy action takes multiple steps to implement and being real world is key to our education

3. Increased Ground checks predictability - each additional step the plan takes actually gives the neg more ground, which offsets any fairness loss you get from those steps being “unpredictable”

4. Predictability- the steps the aff takes (i.e. reversing court decisions or increasing funding) are are a key part of the topic and they are grounded in the literature- you should be ready to debate them

5. Increase Education- we force you to look at the implementation of the plan just as much as its outcome which is increases our policymaking education

6. Reasonability- unless you feel that we are being absurd in the plan implementation, you don’t even consider voting us down

7. Potential Abuse isn’t a voting issue - judge us only based on what happens in this round



FX T Bad

1. No brightline- even if you only take a few steps, you justify taking unlimited steps to implement your policy and that would make debate impossible

2. destroys predictability- you force us to take a social service and research backwards to find all of the possible ways to fix it, which is an impossible research burden and would kill fairness

3. Education- you hurt education by forcing us to look to the steps to get to the plan rather then its outcome

4. You can’t be Topical to a certain degree- you’re either T or you aren’t. By being effectually topical you force the judge to arbitrarily decide how topical you are, and that destroys the role of Topicality in debate.

5. FX T is a voting issue for fairness (which is killed by your lack of predictability) and potential abuse- its not just what you do, its what you justify



Extra T Good

1. Increases educational breadth- discussing things that are tangents to the resolution increases the scope of the education we get

2. Massively Increases Ground- any extra topical part of our aff gives the neg more CP ground and more links to disads and room to impact turn - this offsets their fairness impacts

3. Reasonability- if we are reasonably Topical, then you don’t vote us down because T is a no risk option for the neg- our aff is still reasonably within the confines of the resolution

4. Real World- related provisions get added to legislation all of the time, our aff simulates the real world policymaking process which increases education

5. If anything, reject the extra topical parts of our aff, not the team. That solves back any fairness claims



Extra T Bad

1. Hurts Topic Specific Education- the education in this debate comes from areas unrelated to the resolution, meaning that at best we learn about something that isn’t germane to policymaking or the topic- this kills in depth learning about the resolution

2. Destroys Predictability- if the aff can take action outside of the resolution, they could literally do ANYTHING. That makes debate unfair and impossible for the neg.

3. Moves debate away from the resolution which sets a bad precedent for the debate as a whole

4. Steals Ground- their extra topical argument should be neg ground

5. Voting issue for fairness and education- no one wants a world of debate where predictability and educational depth are non-existent

6. Reject the entire aff, not just the extra topical part-the aff justifies a world of debate where every round is inherently skewed against the neg. voting for them makes extra topicality a no risk option for the aff.



AT Reverse Voting Issue

1. You can’t win a debate just because your case is topical

2. This is not a real argument

3. This justifies bad debate where teams extend blippy theory arguments and go for them in the end, killing all topic specific education and forcing us to debate about debate

4. T is a no risk option for the neg, by default you can’t make us lose off of this argument



AT Our Case is the Only Topical Case

1. This is ridiculously arbitrary- every team can say this if they want to and it doesn’t mean anything.

2. You justify a world in which we only debate your affirmative- this skews education

3. If this is true then the topic becomes extremely predictable- destroying in round critical thinking

4. Framers intent- if there was only one topical case for this resolution, this resolution never would have been chosen



Education O/W Fairness

1. Education is a pre-req to fairness: debate is a method of facilitating education. Divorcing debate from its real world educational value destroys its purpose. Only an understanding the material can lead to fairness. Education is a prerequisite to GOOD evaluations of fairness which turns your offense.

2. Fairness is arbitrary: anything could be claimed to be unfair—forces judge intervention

3. No terminal impact to loss of fairness: the balance will never be tipped so much in favor of one side that the other never wins—tipping the balance slightly is justified by the large increase in education



Grammar O/W Limits

1. Grammar is a pre-req to limits because without a common base of understanding how to interpret the resolution there are no limits to what could or could not be topical.

2. Limits are arbitrary: the judge has to decide between what is within and without the resolution and having grammar first checks the limitations on the topic.

3. The impact to a loss of grammar eliminates any limitations for all future debates. Every round will consist of no ground, no fairness, and no targeted education for the negative as there are no lines for the affirmative to abide by.



Potential Abuse is a Voting issue

1. We prove that there IS in round abuse with predictability, extrapolated advantages, and solvency on topicality. You grant us even just one of these three scenarios and their args go away.

2. Even if they win no in-round abuse, setting a precedence is important because there will be in-round abuse in other debates. Because it is justified, when the negative goes for topicality, they will lose.

3. Even they say we can’t quantify, setting a precedence is sure to deter abuse from not only this team but from other teams running the same affirmative.

4. We need Topic specific education most; only the negative interpretation captures this, making our interpretation net better than the aff’s.



Potential Abuse is not a Voting issue

1. I can’t be blamed for what I haven’t done: they access no internal links to an abuse story and our aff is topical under that interpretation.

2. Potential abuse will always be impossible to quantify: this round will not decide how I debate in the future.



Topicality is a Voting issue

Topicality is a voting issue for fairness and education. All of our standards are internal links into these 2 voters, meaning we win the internal link and impact to Topicality. Remember the abuse scenarios that prove why T is a voting issue . We win the issue of topicality and thus the debate through the impacts of fairness and education.



AT: Clash Checks

1. Clash is inevitable: we are never going to read T and sit down without reading generics against their case; proves clash is inevitable even when not on case-specific issues.

2. Clash is arbitrary: there is no bright line between how much “clash” is enough or even a way to determine how much clash is truly in a round because clash happens on an individual argument basis.

3. This argument is irrelevant: as long as we win our competing interpretations standard this argument doesn’t apply because it no longer is a question of what actually happens or can happen in round but which interpretation can provide the most fair and predictable literature base.



Lit Checks1. THE LITERATURE EXISTS – The literature exists. We have found it and it’s up to the negative to take

on their part of the research. They complain because they don’t like their research burden, but there is a research burden on both sides of the debate.

2. LITERATURE IS PREDICTABLE – If the literature exists, then there is no reason as to why we are unpredictable.

3. NEGATIVE ARGUMENTS ARE EQUALLY UNPREDICTABLE – There is plenty of literature on many negative arguments which are equally “unpredictable.” If the affirmative can’t write an affirmative because it’s unpredictable, then negatives should also be limited to arguments that the affirmative can predict.

4. AFF IS AT THE CORE OF THE TOPIC – Our affirmative is at the core of the topic and there is more than enough literature for the negative to have found. The literature base for our affirmative is huge and the negative should’ve done their research.



AT: Lit Checks

1. NOT RESPONSIVE – literature only checks if that literature is predictable. Our interpretation and our standards prove why their case is uniquely unpredictable and why we can’t find their case in the literature. This should just be another reason why they’re not topical.

2. LITERATURE IS A BAD STANDARD – the affirmative would always win because it’s easier for them

to do in-depth research on their own case. The negative has to research the literature bases for all cases and predict other affirmatives and advantages, making it a rigged debate. Additionally, the topic literature is huge, making it even more important to limit out more cases for a more even debate.



Competing Interpretations Good

1. COMPETING INTERP MINIMIZES JUDGE INTERVENTION – one judge’s subjective view of the topic is different than another’s. Competing interpretations is the only way to avoid judge intervention. And just because judge intervention is inevitable doesn’t mean we shouldn’t try to minimize it.

2. NO RACE TO THE BOTTOM – if anything, competing interpretations leads to a race to the top to find

the best definition for both teams.a) This is an arbitrary standard, this is the other teams perspective on how the round is goingb) This “race to the bottom” allows for more clash between the two interpretations. Clash checks. c) Competing interpretation can access the education standard better because we learn about the

core of the topic which is completely based off of what the words in the resolution mean. Without this foundation, people could run affs that call for streaking naked.

3. NO STANDARD TO EVALUATE REASONABILITY – every debate must be judged on some

standard for evaluation. They offer no standard for evaluating topicality. Even if you use reasonability, use our interpretation to evaluate whether they’re reasonably topical or not.

4. WE’LL STILL WIN THIS T DEBATE EVEN IF REASONABILITY IS GOOD–Even if they win reasonability is good, we still win topicality because our interpretation proves they are not reasonably topical.

5. TOPICALITY IS AN ALL OR NOTHING ISSUE – There is no such thing as being at least 70% topical. Either you are or you aren’t and reasonability merely allows them to get as much leeway as possible when it comes to topicality. Competing interpretations is the only way to set a bright line as whether the aff is topical or not.

6. CONTEXUAL DEFINITIONS – our interpretation comes from contextual sources. This makes our

interpretation preferable because it come directly from the literature which is at the core of the debate. Rather than being based on what the judge may like which changes between every single round, these definitions are right from what we are researching. This also makes our interpretation predictable because anyone looking through the literature should have found our definitions.

Reasonability1. RACE TO THE BOTTOM – Competing interpretations leads to a race to the bottom to find the most

limiting definition which is neither educational nor fair.



2. WE PROVIDE A STANDARD TO EVALUATE THE ROUND – we provide a way for the judge to evaluate the round using reasonability

3. REAL WORLD – Reasonability access real world politics and then we gain a unique link back into education. In the real world, you don’t provide multiple definitions and look for the one that limits it down to just one choice.

4. LITERATURE CHECKS – There is literature on it and we as the affirmative have found it. The negative has just as much as an ability to find that literature. They are whining about their own lack of effort to research and the judge shouldn’t vote us down for doing the research that the negative didn’t.

5. JUDGE INTERVENTION – There is just as much judge intervention in competing interpretations because the judge has to choose which definition they prefer. There is just as much as a reasonability standard in competing interpretations because each judge has a different standard for what is a reasonable definition.



Reasonability - Poverty

Definitions of poverty will always be based upon subjective concepts; the aff interpretation should be accepted if it makes sense in the context of the planSmolensky, economist at Cal, and Weinstein , Director of Econ Dept @ Haverford, 80 (Eugene and Michael M, “Poverty,” Encyclopedia of American Economic History [ed Porter], 1980)Even for economic poverty, no single definition satisfies all the purposes for which such a concept is required. Different questions require different definitions of what it might mean to be impoverished . One might be concerned with how many families or individuals are incapable of providing even a “subsistence” standard of living for themselves; or how many citizens are incapable of providing a minimum standard of “decency” for themselves, where decency is recognized to be a subjective criterion that will vary over time. Alternatively, a family might feel poor because its standard of living is low relative to others in society, regardless of how high the family’s income is in relation to historical or international standards.



Breadth Education

1. BREADTH EDUCATION – Breadth education better for learning about a wider range of topics that all correspond to the resolution. It allows the both teams to learn about all the literature bases for social services and poverty, considering the huge variety.

2. REAL WORLD – People don’t learn about one topic and everything about it. People learn about a variety of topics and that’s how they access in-depth education because you choose whichever interests you.

3. DECISION MAKING – Breadth education allows you to see all the sides of an argument and make decisions that consider all of those sides whereas depth education forces you into a tunnel vision of the topic and you miss other equally important perspectives on the arguments



Depth Education

1. DEPTH EDUCATION – schools already provide breadth education, therefore it is only in debate that you uniquely get to focus on one academic field and learn all there is to know about it. There is no reason to focus on breadth education and debate would be meaningless

2. CLASH – There is better clash when the teams are concentrating on one subject because they’ll both find all the literature on the subject and the evidence will directly clash.

3. RESEARCH – Researching in depth is key to learning how to research breadth, not the other way around.

4. CRITICAL THINKING – In depth education generates more arguments and forces you to think critically about new arguments to get more offense. More and more clash is generated in round.



A-SPEC 1NCA. Violation – the aff must specify which branch of the usfg enacts the plan - Power in the federal government is divided in 3 branches Rotunda 01 (18 Const. Commentary 319, “THE COMMERCE CLAUSE, THE POLITCAL QUESTION DOCTRINE, AND MORRISON,” lexis)

The Framers of our Constitution anticipated that a self-interested "federal majority" would consistently seek to impose more federal control over the people and the states. n10 Hence, they created a federal structure designed to protect freedom by dispersing and limiting federal power. They instituted federalism [*321] chiefly to protect individuals, that is, the people, not the "states qua states." n11 The Framers sought to protect liberty by creating a central government of enumerated powers. They divided power between the state and federal governments, and they further divided power within the federal government by splitting it among the three branches of government, and they further divided the legislative power (the power that the Framers most feared) by splitting it between two Houses of Congress. n12

B. Standards1. Ground – failure to specify denies the neg agent counterplans and lets the aff spike out of our

disads by specifying later – predictable ground is key to educational debateAnd, questions of implementation are 90% of negative ground

Elmore 80(Public Affairs prof @ U Washington, Political Science Quarterly, p.605) The emergence of implementation as a subject for policy analysis coincides closely with the discovery by policy analysts that decisions are not self-executing. Analysis of policy choices matters very little if the mechanism for implementing those choices is poorly understood. In answering the question, “What percentage of the work of achieving a desired governmental action is done when the preferred analytic alternative has been identified?” Allison estimated that in the normal case, it was about 10%, leaving the remaining 90% in the realm of implementation.

2. Real-world - all three branches never act in conjunction – judicial review won’t occur unless the plan is challenged on constitutional ground – key to policymaking education

C. Voter for education, fairness and jurisdiction



AT: A-SPECCounter-interpretation - The USFG refers to all 3 branches

Black’s Law Dictionary 90 (6th Edition, p. 695)

In the United States, government consists of the executive, legislative, and judicial branches in addition to administrative agencies. In a broader sense, includes the federal government and all its agencies and bureaus, state and county governments, and city and township governments.

Counter-Standards:1. Real World – checks and balances prevent force inter-branch co-operation– key to learning about

the legislative process2. Education – no one learns anything from their stupid presidential powers net benefit – denying

them lame agent counterplans forces actual debate about the topic3. Cross-X checks – all they had to was ask – solves their offense

T should be evaluated within a framework of reasonability1. Competing Interpretations is a race to the bottom – they can always limit out the aff2. Reasonability increases topic education – we should be debating about poverty not topicality

Don’t vote on potential abuse – you don’t set a precedent for future debaters and judges


Documents

F2 – Block Headings - Wikispacesddi09.wikispaces.com/file/view/DDI09.T.Generic.doc · Web viewTopicality . Topicality 1 ***DEFINITIONS*** 5. RESOLVED 5. Resolved=fixed 5. Resolved=make

F2 – Block Headings - Wikispacesddi09.wikispaces.com/file/view/DDI09.T.Generic.doc · Web viewTopicality . Topicality 1 DEFINITIONS 5. RESOLVED 5. Resolved=fixed 5. Resolved=make