Topicality Hoya Spartan Scholars

2014
The Topic
Resolved: The United States federal government should substantially increase its non-military exploration
and/or development of the Earths oceans.

[http://www.nfhs.org/content.aspx?id=10256]
Thoughts

1. The central Topicality debates about the topic will likely revolve around the meaning of exploration,
development, and non-military. There are arguments relating to other words, for sure, but they are mostly clear-
cut and should become settled early in the year.

2. This is a broad topic and the Affirmative will likely be allowed substantial latitude in their approach to ocean
activity. Many of the best definitions of exploration simply say that it is not development (which is also topical)
and there are few strong exclusive definitions of development in the context of oceans.

3. Given the breadth of the mechanism, I encourage Neg-minded teams to attempt to narrow the topic via some
inclusive-style requirement. Instead of arguing that sending deep sea probes to the Marianas Trench is not
exploration, which may be a hard sell, the Neg could argue that topical plans must explicitly mandate data
collection, for example, and prepare arguments against that mechanism. T-Data Collection may not be the
strongest argument, in the end, but this change in thinking from T as an explicit/direct limiter to a requirement that
establishes predictable ground (and thus functionally limits what Affs are consistently winnable) is something Neg
teams should consider on this topic.

4. The strongest T argument related to non-military is the strict interpretation that topical Affs must utilize only
civilian assets and that using military equipment/ships in a non-combat role is still military. This is useful against
a variety of cases, including Icebreakers and Search and Rescue (both of which will be popular). The evidence in
this file is a good start for the argument, but should be substantially improved through further research throughout
the summer.

5. Subsets is included as a violation. When equally debated, it is not a strong argument. However, it is a useful
argument to practice when learning the technical aspects of debating T, so I included it in this file.

Enjoy!

Casey Harrigan
Director of Debate
Michigan State University
harriga8@msu.edu

*** NON-MILITARY
Non-Military Assets 1NC
Military activity is determine by structures---theyre military [exploration/development] in a non-combat role
Brown 12 Sylvia Brown, DPhil from the University of London, Youths in Non-Military Roles in an Armed
Opposition Group on the Burmese-Thai Border, Thesis submitted for the degree of Doctor of Philosophy in the
Department of Development Studies, School of Oriental and
African Studies, University of London, http://eprints.soas.ac.uk/15634/1/Brown_3434.pdf

a) Definition of key terms
The term youth is understood in this study to be a socially constructed emic term which, like all social
constructions, is not static, but continually re-defined by society based on the social context of the time. The term
non-military is used here to refer to roles which are not located within army or militia structures. Since roles
within military structures involve both combat and non-combat roles (army cooks, porters, signallers and engineers,
for example), the term non-combat can be used to refer to ancillary roles within a military, which are not the focus
of this study. This study is concerned with participants outside the armed wing of an armed opposition group
entirely, for instance, within its administrative apparatus or mass organisations.
Voting issue---
Ground---using military assets artificially expands Aff ground and avoids core DAs like civilian exploration
trade-off and politics
Explodes limits---anything can have a potential military purpose
Wuerzner 8 Carolin Wuerzner, Former Editorial Assistant for the International Review of the Red Cross, Now
Working with UNHCR, Mission Impossible? Bringing Charges for the Crime of Attacking Civilians or Civilian
Objects Before International Criminal Tribunals, December, http://www.icrc.org/eng/assets/files/other/irrc-872-
wuerzner.pdf

In order to clarify better what constitutes a military objective, there have been attempts to draw up non-exhaustive
lists of objects that are generally recognized as military objectives. The ICRC, for instance, made such an attempt in
1956.40 The defence counsel in the Strugar case also gave a list of examples of military objectives, namely
buildings and objects that provide administrative and logistical support for military objectives, as well as examples
of objects that in certain circumstances may constitute military objectives: transport systems for military supplies
and transport centres where lines of communication converge.41 It is, however, impossible to rely on a list in order
to define the term military objective. Practically everything can become a legitimate target, as long as two
conditions are cumulatively met: the objects contribution to military action must be effective, and the military
advantage of its destruction must be definite.42 Both criteria must be fulfilled in the circumstances ruling at the
time.43 Furthermore, in this definition of the term military the said advantage and contribution are strictly limited
to what is purely military, thus excluding objects of political, economic and psychological importance to the
enemy.44
Non-Military Assets 2NC
Non-military means only civilian activity---even peacetime activity of military forces is excluded
Bunyan 6 Tony Bunyan, Director and Editor of Statewatch, Essays for an Open Europe,
http://www.statewatch.org/secret/essays2.htm

There are a few other aspects to the Solana decision which are worrisome. First, the phrase "non-military crisis
management" refers to civilian aspects of crisis management, such as police and judicial co-operation. This would
exclude, for example, access to all documents relating to the new EU rapid-reaction paramilitary police force, even
with regard to policy-making matters. Second, the Solana decision allows international organisations such as NATO
and third countries such as the US to veto a citizens access to documents if the documents have been drawn up by or
in conjunction with them. For all the rhetoric of the EU on the need for greater transparency only the Netherlands,
Sweden, and Finland voted against adoption of the Council's Solana decision.
Must be civilian activity that doesnt belong to or involve the Armed Forces
Oxford 14 Oxford Dictionaries, nonmilitary,
http://www.oxforddictionaries.com/us/definition/american_english/nonmilitary

nonmilitary
Syllabification: non mil i tar y
Pronunciation: /nnmilter /
ADJECTIVE
Not belonging to, characteristic of, or involving the armed forces; civilian:
the widespread destruction of nonmilitary targets
Not associated with the military
Vocabulary 14 nonmilitary, http://www.vocabulary.com/dictionary/nonmilitary

DEFINITIONS OF:
nonmilitary
1
adj not associated with soldiers or the military
fatigue duty involves nonmilitary labor
Synonyms:
unmilitary
unsoldierly
not conforming to military standards
Antonyms:
military
characteristic of or associated with soldiers or the military
militaristic
imbued with militarism
martial, soldierlike, soldierly, warriorlike
(of persons) befitting a warrior
martial, warlike
suggesting war or military life
Determining topicality based on ends rather than means is subjective and blurry
Resnick 1 Dr. Evan Resnick, Ph.D. in Political Science from Columbia University, Assistant Professor of Political
Science at Yeshiva University, Defining Engagement, Journal of International Affairs, Spring, 54(2), Ebsco

Some scholars have excessively narrowed the definition of engagement by defining it according to the ends sought
rather than the means employed. For example, Schweller and Wohlforth assert that if any distinction can be drawn
between engagement and appeasement, "it is that the goal of engagement is not simply tension-reduction and the
avoidance of war but also an attempt to socialize [a] dissatisfied power into acceptance of the established
order."(n17) Such ends-based definitions hinder the study of engagement in two ways. First, because the act of
policymaking consists of selecting from a variety of alternative means in the pursuit of a given end(s), it stands to
reason that policy instruments are more effectively conceptualized in terms of means rather than ends. When
defined as different means, policies can be more easily compared with one another across a whole spectrum of
discrete ends, in order to gauge more accurately the circumstances under which each policy is relatively more or less
effective.(n18)
Non-Military Assets A2: Civilian Lead Role / Limited Military
Involvement
Non-military is an absolute prohibition on military use---allowing some military activity makes the topic
non-aggressive, which unlimits
Benko 85 Dr. Marietta Benko, Professor of Astronomical Space Research at Utrecht University Observatory, et
al., Space Law in the United Nations, p. 176

4.3.1.1 The Terms 'Peaceful', 'Non-Military' and 'Non-Aggressive'
The vast literature on the subject shows, in space law, two major interpretations of' peaceful': that of non-military
and that of non-aggressive53. In international law non-military is defined as the prohibition to use outer space for
military activities in times of peace, whereas 'non-aggressiveness' refers to the permission to use at least partial
military precautions. The term 'non-aggressiveness' includes the possibility to apply military activities in outer space
law-fullyas long as those activities do not aim at direct attack in the sense of the United Nations definition of
'aggression'.
The concept of non-aggressiveness is, from the political point of view, therefore a much broader one than the non-
military one: it permits among other things almost all present activities in outer space such as those of 'spy' satellites,
interceptor satellites, remote sensing satellites of a certain type as well as laser beam experiments and the use of
nuclear power in outer space. At this point it begins to be difficult for those among us who are in favour of peace on
Earth as well as in the rest of outer space, because many outer space activities, scientific or not, have up to now been
executed by military personnel*; so that, if we had to get rid of the 'non-military', this would mean that space
research as it stands would become impossible. But it would be difficult, if not impossible, to discontinue space
research, the more so since international law, and, to a smaller degree space law, do not forbid the use of outer space
for military purposes.
The prefix non- means the military must be absent
Websters 14 Merriam-Websters Online Dictionary, non-, http://www.merriam-
webster.com/dictionary/nonmilitary

non-
prefix \()nn also nn or nn before -stressed syllable, nn also nn before -stressed or unstressed syllable; the
variant with is also to be understood at pronounced entries, though not shown\
: not
Full Definition of NON-
1: not : other than : reverse of : absence of <nontoxic> <nonlinear>
2: of little or no consequence : unimportant : worthless <nonissues> <nonsystem>
3: lacking the usual especially positive characteristics of the thing specified <noncelebration> <nonart>
Non-Military Violation Icebreakers
Icebreakers are military ships
O'Rourke 10 Ronald O'Rourke, Specialist in Naval Affairs at the Congressional Research Service, Coast Guard
Polar Icebreaker Modernization: Background, Issues, and Options, p. 43

The other big difference is that, because the Coast Guard icebreakers are military ships and have multiple missions,
they have a much larger crew strength. Their manning is about 134 crew, officers and crew, compared with I8 on the
Ocean.
Non-Military Violation Coast Guard
Coast Guard is military
Powers 14 Rod Powers, retired Air Force First Sergeant with 22 years of active duty service.
2014 U.S. Military 101 The "Basics" of the United States Military
http://usmilitary.about.com/cs/generalinfo/a/military101.htm
Our present military organizational structure is a result of the National Security Act of 1947. This is the same act
that created the United States Air Force, and restructured the "War Department" into the "Department of
Defense."
The Department of Defense is headed by a civilian; the Secretary of Defense, who is appointed by the President
of the United States. Under the Secretary of Defense, there are three military departments: The Department of
the Army, the Department of the Air Force, and the Department of the Navy. Each of these military departments
are also headed up by civilians; the Secretary of the Army, the Secretary of the Air Force, and the Secretary of
the Navy. These "service secretaries" are also appointed by the President.
There are five military branches: The Army, Air Force, Navy, Marine Corps, and Coast Guard. The Army is
commanded by a four-star general, known as the Army Chief of Staff. The Army Chief of Staff reports to the
Secretary of the Army (for most matters). The top military member in the Air Force is the Air Force Chief of
Staff. This four-star general reports (for most matters) to the Secretary of the Air Force. The Navy is commanded
by a four-star admiral, called the Chief of Naval Operations. The Marines are commanded by a 4-star general
called the Commandant of the Marine Corps. Both the Chief of Naval Operations and the Marine Corps
Commandant report (for most matters) to the Secretary of the Navy.
That leaves the Coast Guard. The Coast Guard does not fall under the Department of Defense. Until recently, the
Coast Guard was under the Department of Transportation. Recent legislation has moved the Coast Guard to the
newly created Department of Homeland Defense. However, the Coast Guard is considered a military service,
because, during times of war or conflict, the President of the United States can transfer any or all assets of the
Coast Guard to the Department of the Navy. In fact, this has been done in almost every single conflict that the
United States have ever been involved in. The Coast Guard is commanded by a 4-star admiral, known as the
Coast Guard Commandant.
Coast guard is military it's a branch of the armed forces
Coast Guard 14 United States Coast Guard Last Modified 3/20/2014 About Us
http://www.uscg.mil/top/about/
Overview of the United States Coast Guard
The U.S. Coast Guard is one of the five armed forces of the United States and the only military organization
within the Department of Homeland Security. Since 1790 the Coast Guard has safeguarded our Nation's
maritime interests and environment around the world. The Coast Guard is an adaptable, responsive military force
of maritime professionals whose broad legal authorities, capable assets, geographic diversity and expansive
partnerships provide a persistent presence along our rivers, in the ports, littoral regions and on the high seas.
Coast Guard presence and impact is local, regional, national and international. These attributes make the Coast
Guard a unique instrument of maritime safety, security and environmental stewardship.

Non-Military Limits
Military operations other than war are limitless
Stepanova 2
Dr Ekaterina Stepanova heads Peace and Conflict Studies Unit and is a lead researcher at Institute of the World Economy &
International Relations Candidate of Historical Sciences, MILITARY OPERATIONS OTHER THAN WAR (THE U.S.
VIEW) Military Thought No. 2, 2002 pp. 127133.

The term operations other than war* itself is formulated by the rule of contraries, stressing their specifics as
opposed to conventional military operations. The change of terminology was also supposed to symbolize the
difference of the new concept, which placed a special thrust on the non-military character of humanitarian,
peacekeeping, and other suchlike operations, from the 1970s-1980s theory of low-intensity conflicts where they
were regarded as less intensive military operations. The concept of operations other than war is by definition rather
blurry: In U.S. society itself, there are plenty of versions of their definition and classification, as reflected in the
relevant documents by the Joint Chiefs of Staff, the Department of Defense, U.S. Army field manuals, and so forth.2
The U.S. military doctrine specifies the following main types of operations other than war:
Humanitarian operations in crisis zones that for their part include the following: assistance in natural disasters and
other emergencies (say, man-made disasters); assistance to refugees and displaced persons; ensuring the security of
humanitarian operations (facilitating access for international humanitarian organization and service officers to
disaster areas, and protection of humanitarian personnel, columns of refugees and areas of their temporary
accommodation, humanitarian aid convoys and depots as well as seaports and airports used to deliver humanitarian
aid); and technical supportsay, in humanitarian mine-clearing (not directly connected with military necessity).
Peace support operations: peacekeeping operations, contingent on consent by the belligerents to the presence of
peacekeeping forces as well as non-use of force to the extent possible, even in self-defensesay, the UN operation
in Cyprus (since 1964) or Cambodia (1991-1992 and 1992-1993); and peace enforcement operations, with none of
the aforementioned limitationse.g., NATO operations in Bosnia (since 1995) and Kosovo (since 1999).
Counterinsurgency and nation assistance (assistance in creating local (national) security agenciestraining, arming,
technical and information support; humanitarian and other non-emergency assistance, etc.).
Support for insurgency (guerrilla) movements in other countries (support by the U.S. military-political leadership for
the mujahedin in Afghanistan in 1979-1989).
Noncombatant evacuation operations in zones of conflict or man-made disaster (e.g., 1991 operations to evacuate
U.S. and other citizens from Somalia and Zaire).
Sanctions enforcement (e.g., the 1993 operation along the Haitian coast) and no-fly zone enforcementin Iraq
(since 1992) and in Bosnia (since 1993).
Show of force (patrolling by U.S. Air Force of insurgency bases in the course of a coup attempt in the Philippines in
1989).
Non-combat operations also include short-term actions to deliver pinpoint strikes, controlling proliferation of
weapons of mass destruction, arms control (inspections), and interagency military contacts.3
Although U.S. military doctrine provides for military participation in operations other than war mainly abroad, it
allows for the use of armed forces in operations other than war also domestically. This includes support for civilian
authoritiesin dealing with strikes, emergencies and natural disasters as well as in search-and-rescue, humanitarian,
and other operations; law enforcement agenciesin restoring public order (in the event of mass riots), protection of
sensitive installations (e.g., electric power and water intake stations, transport and communication nodes, and so
forth) as well as in counterdrug and counterterrorism operations.
Whereas some types of operations other than war provide for the use of force (say, peace enforcement), others
(humanitarian or traditional peacekeeping operations) do not. Oftentimes both types of operation are conducted
simultaneously: Humanitarian operation combined with peace enforcement (as in Bosnia, Kosovo, etc.) is becoming
standard practice. Finally, operations other than war can be both multilateral (multinational) and unilaterali.e.,
conducted by one or several countries. The most common types of operations other than war are peacekeeping and
humanitarian operations.
Ops other than war and Search and Rescue unlimits non-military to include strikes and raids.
Vick 97
et al, Alan Vick is a senior political scientist at the RAND Corporation and a professor at the Pardee RAND Graduate School. He
has authored RAND reports on ground threats to air bases, enhancing air power's capability against light infantry opponents, air
power in urban operations, air operations against elusive targets, alternatives for deploying the Army Stryker Brigade, new
concepts for joint airground operations, air power's role in countering insurgencies, and airnaval concepts for maritime
interdiction. PREPARING THE US. AIR FORCE FOR MILITARY OPERATIONS OTHER THAN WAR page 1-2.
Note: this card was modified to clarify that the acronym MOOTW stands for Military Operations Other than War

(Military Operations Other than War) MOOTW is the Joint Staffs term for a diverse collection of military
activities below the level of major regional conflicts. MOOTW includes disaster relief, humanitarian aid, search and
rescue, peace operations, arms control, military support to civil authorities, strikes, raids, enforcement of sanctions,
counterdrug operations, foreign internal defense, support to insurgencies, evacuation of noncombatants, and hostage
rescue. See U.S. Department of Defense. Joint Doctrine for Military Operations Other Than War, Washington, D.C.:
The Joint Staff, Joint Publications 3-07,1995.
Military Armed Forces
Military is the armed forces
AHD 14 American Heritage Dictionary, military,
https://education.yahoo.com/reference/dictionary/entry/military

mil i tar y audio (ml-tr) KEY
ADJECTIVE:
Of, relating to, or characteristic of members of the armed forces: a military bearing; military attire.
Performed or supported by the armed forces: military service.
Of or relating to war: military operations.
Of or relating to land forces.

Collins 14 Collins English Dictionary, military, http://www.collinsdictionary.com/dictionary/english/military

(mltr Pronunciation for military ; -tr)
Definitions
adjective
of or relating to the armed forces (esp the army), warlike matters, etc
of, characteristic of, or about soldiers
Army, Navy, Air Force, Marine Corps, and Coast Guard
Busch 9 Philip B. Busch, Office of Chief Counsel, Employment Authorization and Verification of Aliens
Enlisting in the Armed Forces [74 FR 7993] [FR 14-09], http://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-
0-1/0-0-0-186558/0-0-0-199368/0-0-0-199448.html

I. Background and Purpose
Section 504 of Title 10, U.S. Code, provides citizenship and immigration status eligibility criteria for enlistment in the Armed Forces. The
Armed Forces are defined under 10 U.S.C. 101(a)(4) to mean only the U.S. Army, Navy, Air Force, Marine Corps,
and Coast Guard. Under section 504, only citizens and noncitizen nationals of the United States; lawful permanent resident aliens; and certain
nationals of the Federated States of Micronesia, the Republic of the Marshall Islands, and Palau who are admissible as nonimmigrants under the
Compacts of Free Association with those nations, are eligible to enlist in the Armed Forces. See 10 U.S.C. 504(b)(1). Section 504(b)(2), however,
also authorizes the Secretary of any Armed Force to enlist other aliens if the Secretary determines that such enlistment is vital to the national
interest. Id. section 504(b)(2).
Non-Military Includes Military Assets for Non-Military Purposes
Military assets can be used for non-military exploration/development
Gvosdev 10
Nikolas K. Gvosdev is a professor of national security studies at the U.S. Naval War College. He is currently a senior editor at
The National Interest. internally quoting Derek Reveron, who is a professor of national security affairs at the U.S. Naval War
College The Defense Exports The National Interest October 10, 2010 http://nationalinterest.org/commentary/the-
defense-exports-4201

Derek Reverons concept of exporting security (discussed in detail in a book of the same name just released by Georgetown University Press)
could provide a way forward out of this impasse. Although the publics attention is drawn to the ongoing conflicts in Iraq and Afghanistan, much
of what the U.S. military is doing today is strengthening the capacities of partnersstrengthening their abilities to exercise effective control over
their territories and coastlines and to be in a position to repel outside threats. The United States has security-assistance programs with 149 other
nations. Some of it is active, kinetic support in combating insurgents, terrorist groups or drug cartels, as in Yemen and Colombia. Some of it is
developing partnership and training programs to enhance the ability of nations to deploy peacekeeping forces or coast guards. It can encompass
the gamut from humanitarian relief operations to creating defensive alliances. The net result of all of these efforts is to develop enduring
relations with other states that gives the United States access to a global network of bases and platforms, but also strengthens key partners and
reduces both the need for American presence and the negative attention it sometimes generatesand in so doing, can also reduce the burden on
the United States to have to act as a global sheriff. Reverons approach avoids the stocking up approach to military procurement, because the
emphasis would be on finding ways to deploy and use assets, rather than warehousing systems in case of emergency. For instance, in the
maritime realm, the carriers, amphibious vessels and destroyers that were designed to contain the Soviet navy and protect
sea lines of communication (and which might be used in a similar role vis--vis China in the future) are now being used
to conduct activities ashore to improve human security. The 2010 response to the Haiti earthquake saw an aircraft
carrier and sixteen other warships deployed to provide humanitarian relief and rescue services; such nonmilitary
missions, in turn, help to reduce the factors which can produce security threats to the United States and reinforce American ties with
other states. Reveron quotes a navy official who notes that using war assets for non-military missions such as
training and humanitarian relief means We can show up, provide training, provide resources, and then leave very little
footprint behind. An exporting security approach guides future procurement decisions towards multiuse platforms that can combine
conventional and non-conventional missions.
Military Assets arent a bright line theyre often deployed in non-military missions.
Perry 8
(et al; Dr. Charles M. Perry Vice President & Director of Studies, Institute for Foreign Policy Analysis
The U.S. Foreign Disaster Response Process: How It Works and How It Could Work Better
Charles M. Perry May http://www.ifpa.org/pdf/DisasterRelief.pdf.)

Traditionally, if it is determined that military assets are indeed necessary to respond to a disaster, OFDA will submit a
formal request for military assistance to the State Departments Executive Secretariat, which will in turn forward the request to the
Executive Secretariat of DoD. Following an intensive intra-DoD review process, the secretary of defense or deputy secretary may order the
deployment of military assets to the disaster zone in support of OFDA efforts, signing what is called a third party waiver to allow U.S. military
goods and services to be used in a non-military operation to assist a third party. On the basis of such a waiver, over fifteen thousand U.S.
soldiers and sailors were deployed as part of the 2004 tsunami response to work alongside OFDA in the affected regions. More
specifically, the U.S. military provided twenty-six ships, eighty-two planes, and fifty-one helicopters to help deliver more than 24.5
million tons of relief supplies and enable USAID and other disaster relief agencies to move much-needed aid to inaccessible areas affected by the
tsunami (OFDA 2005, 17). But DoD assistance may be as limited (if nonetheless crucial) as the dispatch of a single C-130 to deliver supplies to a
disaster zone, or the diversion of a nearby ship to assist in the evacuation of people at risk or injured. In theory, the criterion for both levels of
response is that no commercial alternative exists or is readily available. However, despite the formal process for requesting military assistance,
local U.S. ambassadors and country officers in the relevant regional bureau at the State Department have often requested DoD assistance directly,
leaving USAID and OFDA out of the loop. Moreover, some officials at State are neither familiar with disaster management issues and procedures
nor even aware of USAIDs and OFDAs role as the LFA for foreign HA/DR activities. For instance, in response to flash floods in the Horn of
Africa in 2006, State issued a request for DoD assistance. When personnel from DoD spoke with the relevant regional bureau at State, they found
that staff at the bureau were unaware of OFDAs role or that USAID was in fact the LFA, and needed to provide the justification for DoD
assistance. Still worse, DoD actually had to give bureau officials the contact information for the proper USAID/OFDA representatives (interview
2007a). Examples such as this illustrate the conundrum facing DoD: How does the military (meant primarily as a resource of last resort) respond
to requests for assistance when State Department officials may not yet have properly coordinated with USAID/OFDA to fully assess the
availability of civilian options, including cheaper, commercial alternatives? In an effort to avoid such situations in the future, USAID, DoD, and
States Bureau of Political-Military Affairs (State/PM) are drafting new HA/DR guidelines to clarify how State should respond to and handle
overseas disasters, and to improve the State-DoD assistance request process. OFDA, of course, is generally quite willing to request the
mobilization of military assets for overseas relief missions, and to give DoD relatively wide latitude to work directly with its
counterpart in the affected nation. This is especially true when that nation lies within a region of strategic interest, as was the case during
the 2004 Indian Ocean tsunami, the 2005 Pakistan earthquake, the 2006 Philippine mudslide, and the 2007 Bangladesh cyclone.
That said, increased calls for DoD involvement in HA/DR missions have pushed the military to operate less as an
instrument of last resort in support of civilian relief agencies and more as a regular contributor, intimately involved in a broad range
of humanitarian work. Increasingly, U.S. forces are on the ground, working alongside host nation officials and military personnel to
eliminate sources of instability and improve livelihoods through various development and capacity-building projects. In the Horn of Africa, for
example, U.S. Central Command (CENTCOM) established the Combined Joint Task Force-Horn of Africa (CJTF-HOA) in 2002 to promote
regional stability and protect coalition interests through disaster relief, humanitarian support, medical and dental assistance, and construction and
water development projects. CJTF-HOA also provides military-to-military training in counterterrorism and in border and maritime security. In
2008, the U.S. government will establish a new unified combatant command responsible for Africa known as Africa Command (or AFRICOM)
to expand CJTF-HOA civil affairs efforts and similar projects elsewhere on the continent. For their part, U.S. Southern Command
(SOUTHCOM) and PACOM already run similar programs in their respective areas of responsibility (or AORs), such as Joint Task Force-Bravo
(JTF-Bravo) in Central America and Joint Special Operations Task Force-Philippines (JSOTF-P).
(Note: The acronym OFDA stands for the USs Office of Foreign Disaster Assistance. HADR stands for
Humanitarian Assistance and Disaster Relief)
Navies can and do carry out non-military operations
Sakhuja 11
Dr Vijay Sakhuja is Director (Research), Indian Council of World Affairs (ICWA), New Delhi. He is also Visiting Senior
Research Fellow at the Institute of Southeast Asian Studies (ISEAS), Singapore since 2006. He is a former Indian Navy officer.
Dr Sakhuja received his Ph D from the Jawaharlal Nehru University in New Delhi. Asian Maritime Power in the 21st Century:
Strategic Transactions China, India and Southeast Asia. p. 199

Since the 1990s, India has been nurturing an ascendant operation maritime profile. It has established bilateral engagements
with the United States, Russia, France, the United Kingdom, Israel, Japan and several countries in the Southeast Asian region.
Codenamed Malabar, the Indo-U.S. naval exercises were conceptualized in 1992 to mark the beginning of a new relationship between
India and the United States," and fourteen such naval exercises have taken place in the past. In the beginning these exercises were rudimentary
and these have progressively improved in content and complexity with participation by several complex platforms such as aircraft carriers,
nuclear submarines and long-range maritime patrol aircraft." The exercises paved the way for greater understanding between the
naval forces and helped to develop a broad framework for operating together in support of non-military operations such
as anti-piracy, safety of sea lanes, and antidrug and gunrunning patrols. The 1998 Indian nuclear tests abruptly ended cooperation
between the two navies, but bilateral exercises were resumed and the cooperation got a boost with the Indian Navy dispatching a naval helicopter
to USS Hewitt to carry out the medical evacuation of a U.S. navy sailor.
Non-Military Includes Military Assets for Non-Military Purposes
A2: Non-Combat Distinction
Non-combat use is non-military
Huntington 93 Samuel P. Huntington, University Professor at Harvard University, Non-Combat Roles for the
U.S. Military in the Post-Cold War Era, Ed. Graham, p. 5

These would clearly seem to be non-traditional roles. But are they really? The more I have thought about this issue,
the more I have become convinced that with one possible exception the subject of this conference does not exist
There are almost no conceivable roles for the American military in this new phase of national security that the
American military have not performed in some earlier phase. The true distinction, I believe, is not between
traditional and non-traditional roles but between military and non-military roles, or more precisely, between the
combat missions of the military and the non-combat uses of military force. The purpose of military forces is combat,
that is to deter and to defeat the enemies of the United States; that is their central mission, their raison detre, the only
justification for expending resources on their creation and maintenance. The forces created for that mission,
however, can and throughout our history have been employed in non-combat non-military uses.
Non-Military Includes Search-and-Rescue
Search-and-rescue are officially non-military ops
Tilley 13
John A. Tilley, Associate Professor, Department of History, East Carolina University. Before joining the faculty at East Carolina
University, Tilley was an assistant curator at the Mariners' Museum in Newport News, Virginia. His publications include The
British Navy and the American Revolution (1987). His articles have appeared in The Nautical Research Journal and Model
Shipwright. Tilley teaches courses in military history. History of the U.S. Coast Guard Auxiliary Published at RATLINES:
UNITED STATES COAST GUARD AUXILIARY UNOFFICIAL NEWSLETTER May 7, 2013 -
http://www.ratlines.com/uscg_aux_history.htm

The third cornerstone is "Operations." The Auxiliary assists the Coast Guard in several of its non-military functions,
including search-and-rescue (SAR), safety, regatta, and harbor patrols, and checking aids to navigation (ATON).
Search-and-rescue is non-military. Prefer ev that assumes maritime activities and the region at hand.
WESTERN PACIFIC NAVAL SYMPOSIUM 12
(Internally quoting US Naval Admiral Gary Roughead The Western Pacific Naval Symposium (WPNS) is a forum for naval
professionals, which aims to increase naval cooperation in the Western Pacific by providing a venue for discussions on
professional issues, generating a flow of information and opinion, leading to common understanding and potential agreements.
There are currently 20 full members, including the United States, Australia, and Malaysia. 13th WESTERN PACIFIC NAVAL
SYMPOSIUM, KUALA LUMPUR, MALAYSIA, 25 26 SEPTEMBER 2012
http://img.mod.gov.cn/reports/201310/bzdd/site21/20131128/4437e6581cab1400f28606.pdf.)

The Chair also reiterated the response made by Admiral Roughead (US Navy) at the 12th Symposium to the concept of Harmonious
Ocean pledged by Rear Admiral Xu Weibing (PLA Navy) that this forum should continue in openness and engage in practical
cooperation that will make the activities of the WPNS more expansive in its outlook and more inclusive in sharing its common views of the
strategic maritime security position, with a particular emphasis on its vision for the future. The Chair reflected that when Malaysia hosted the 4th
Symposium in 1994, some of the topics discussed include the non-military security issues such as approach in managing maritime
security, search and rescue and prevention of sea pollution. However, he said that the challenge today was the management of
naval issues as they are becoming more complex, complicated, multifaceted and intertwined. He added that these have to be dealt with in a
holistic manner and could be attended in a collaborative effort among the regional states as envisaged through the theme of the Symposium,
Enhancing Interoperability and Professional Cooperation."
Search-and-rescue is non-military. Prefer ev that assumes maritime activities and the region of the MH370
search.
Kaneda 4
Hideaki Kaneda, a former Vice Admiral of Japan's Defense Forces, is Director of the Okazaki Institute. CSIS Conference and
Publications. Maritime Security in East Asia Regional Assessment of Northeast Asia: Pursuing a Maritime Security Coalition
in the Asia-Pacific Region. A paper prepared for the Center for Strategic and International Studies American-Pacific Sealanes
Security Institute conference on Maritime Security in Asia. January 18-20, 2004, http://www.slocgroup.org/pubs/SLOC14.pdf.

At the beginning of the 21st Century, seven specific instability factors affect security in the Asia-Pacific region.
The first factor is the proliferation of weapons of mass destruction and ballistic missiles from Northeast Asia to
other regions. The second factor is international terrorism, which has become especially apparent after the 9.11
terrorist attacks. Terrorism is gathering strength through alliances in and out of the Asia-Pacific region, and
increasingly targeting countries with weaker governments.
The third factor is the rapid build-up of Chinese military power, mainly naval and air power, which could potentially
tip the balance of regional military power. The fourth factor is the military confrontational structure that originated
in the cold war and still remains on the Korean Peninsula and in the Taiwan Strait. These bring instability,
uncertainty and lack of clarity to the regional situation.
The fifth factor is the historical issue of territorial, religious and ethnic disputes and confrontations. In particular,
disputes over the possession of islands are likely to significantly affect the stability of the whole region while
obstructing maritime security. The sixth factor is the confrontational structures surrounding oceanic interests, which
are closely related to the disputes over island possession. The seventh factor is the increase in internationalized and
organized criminal activities such as piracy, drug trafficking and slave trading, and illegal activities such as over-
fishing, unsanctioned ocean resource surveying and environmental destruction in Asia-Pacific waters.
2. Pursuing a Regional Maritime Security Coalition
(1) Maritime Safety and Security as a Common Key Phrase for Regional Security Surveying the above instability
factors, maritime safety and security stands out as a common key phrase highlighting the vital issues for regional
security.
Maritime safety and security can be divided into three categories. The first is emergency maritime security, which
indicates purely maritime military issues of war, including the defense of territory and SLOC protection. The second
is peacetime maritime safety, which indicates non-military maritime issues such as international terrorism, piracy,
drug trafficking, search and rescue, humanitarian and navigational operations. The third is various maritime
activities that can include fishing, preserving maritime resources and environmental issues.

*** OCEANS
Oceans General Definitions
Oceans are large bodies of salt water that cover the Earth
NALMS 14 North American Lake Management Society, WATER WORDS GLOSSARY,
http://www.nalms.org/home/publications/water-words-glossary/O.cmsx

OCEAN
Generally, the whole body of salt water which covers nearly three fourths of the surface of the globe. The average
depth of the ocean is estimated to be about 13,000 feet (3,960 meters); the greatest reported depth is 34,218 feet
(10,430 meters), north of Mindanao in the Western Pacific Ocean. The ocean bottom is a generally level or gently
undulating plain, covered with a fine red or gray clay, or, in certain regions, with ooze of organic origin. The water,
whose composition is fairly constant, contains on the average 3 percent of dissolved salts; of this solid portion,
common salt forms about 78 percent, magnesium salts 15-16 percent, calcium salts 4 percent, with smaller amounts
of various other substances. The density of ocean water is about 1.026 (relative to distilled water, or pure H2O). The
oceans are divided into the Atlantic, Pacific, Indian, Arctic, and Antarctic Oceans.

Oxford 14 Oxford Dictionaries 2014 http://www.oxforddictionaries.com/us/definition/american_english/ocean
Definition of ocean in English: ocean Syllabification: ocean Pronunciation: /SHn/
noun
1A very large expanse of sea, in particular, each of the main areas into which the sea is divided
geographically: the Atlantic Ocean
More example sentencesSynonyms
1.1 (usually the ocean) North American The sea: [as modifier]: the ocean floor
More example sentences
1.2 (an ocean of/oceans of) informal A very large expanse or quantity: she had oceans of energy
More example sentencesSynonyms

Random House 14 Dictionary.com Unabridged; Based on the Random House Dictionary, Random House, Inc.
2014. http://dictionary.reference.com/browse/ocean
o cean [oh-shuhn] Show IPA noun
1. the vast body of salt water that covers almost three fourths of the earth's surface.
2. any of the geographical divisions of this body, commonly given as the Atlantic, Pacific, Indian, Arctic, and
Antarctic oceans.
3. a vast expanse or quantity: an ocean of grass.

Collins 9 Collins English Dictionary - Complete & Unabridged 10th Edition 2009 World English Dictionary
http://dictionary.reference.com/browse/ocean
ocean (n) n
1. a very large stretch of sea, esp one of the five oceans of the world, the Atlantic, Pacific, Indian, Arctic, and
Antarctic
2. the body of salt water covering approximately 70 per cent of the earth's surface
3. a huge quantity or expanse: an ocean of replies
4. literary the sea

Merriam-Webster 14 Merriam-Webster 2014, Incorporated http://www.merriam-
webster.com/dictionary/ocean
Ocean noun, often attributive \-shn\
: the salt water that covers much of the Earth's surface
: one of the five large areas of salt water that cover much of the Earth's surface
: a very large number or amount of something
Oceans Excludes Southern/Arctic
Southern Ocean is not an Ocean
National Geographic 14
(From the piece, Antarctic Ocean, Austral Ocean, Southern Ocean Revised April 2014
http://stylemanual.ngs.org/home/A/antarctic-ocean

Antarctic Ocean, Austral Ocean, Southern Ocean National Geographic Society does not recognize these place-
names, but they are sometimes used in the Southern Hemisphere and by scientists to designate those parts of the Atlantic, Indian, and
Pacific Oceans surrounding Antarctica. Though the waters surrounding Antarctica are sometimes called the Antarctic Ocean or
Southern Ocean, they are only the southernmost parts of the Indian, Pacific, and Atlantic Oceans. The following
explanation appears on plate 111 of the National Geographic Atlas of the World, ninth edition: The Atlantic, Indian, and Pacific Oceans merge
into icy waters around Antarctica. Some define this as an oceancalling it the Antarctic Ocean, Austral Ocean, or Southern Ocean. While most
accept four oceans, including the Arctic, there is no international agreement on the name and extent of a fifth ocean.

Oceans Includes Southern/Arctic
Southern/Arctic Ocean is officially recognized by the U.S.
NOAA 14 National Oceanic and Atmospheric Administration, Ocean Facts, 1-23,
http://oceanservice.noaa.gov/facts/howmanyoceans.html

While there is only one global ocean, the vast body of water that covers 71 percent of the Earth is geographically
divided into distinct named regions. The boundaries between these regions have evolved over time for a variety of
historical, cultural, geographical, and scientific reasons.
Historically, there are four named oceans: the Atlantic, Pacific, Indian, and Arctic. However, most countries
including the United Statesnow recognize the Southern (Antarctic) as the fifth ocean. The Pacific, Atlantic, and
Indian are known as the three major oceans.
The Southern Ocean is the 'newest' named ocean. It is recognized by the U.S. Board on Geographic Names as the
body of water extending from the coast of Antarctica to the line of latitude at 60 degrees South. The boundaries of
this ocean were proposed to the International Hydrographic Organization in 2000. However, not all countries agree
on the proposed boundaries, so this has yet to be ratified by members of the IHO. The U.S. is a member of the IHO,
represented by the NOS Office of Coast Survey.
No bright line even National Geographic is torn on the question.
Holland 11
ELIZABETHE HOLLAND Reporter for the St Louis Post Dispatch. She is internally quoting members of the
American Meteorological Society and Ann Kelly, who teaches graduate level courses on oceanography for high
school teachers. Southern Ocean debate buoys teachers' role in classroom St Louis Post Dispatch January 05,
2011 http://www.stltoday.com/news/science/southern-ocean-debate-buoys-teachers-role-in-
classroom/article_3f5fd0e4-e164-50b1-8af3-b847ed1f7407.html

"It's the newest ocean," said Ann Kelly, a teacher at Bishop DuBourg High School who, as a member of the American Meteorological
Society, oversees a graduate-level course on oceanography for teachers. Kelly said most of the teachers who take the courses come
into class having never heard of the Southern Ocean. "Most people are like, 'Oh, I didn't know they called it that,'" she said. What the
International Hydrographic Organization defines as the Southern Ocean completely surrounds Antarctica and extends upward to 60 degrees south
latitude in an area where the cold waters of the Antarctic Circumpolar Current an ocean current that flows from west to east around Antarctica
meet the warmer waters of the north. While debate continues over whether the Earth has four or five oceans, promoters of the latter say the
Southern Ocean is the fourth-largest of the five (smaller than the Pacific, Atlantic and Indian, but larger than the Arctic). "Oceanographers
and meteorologists do consider it important and do consider it an ocean," Kelly said. But other experts don't even agree that it
officially exists. It's a dispute that shows not only how teachers can be thrust into academic disagreements, but how those scientific debates
can take time to trickle down to classrooms. Not official Among the detractors of a formal designation is the National Geographic
Society, which doesn't officially recognize the Southern Ocean. But the respected body hasn't exactly closed the books
on the concept either. Cindy Aitken, a spokeswoman for the organization, said the newest edition of the National Geographic
Atlas of the World says: "The Atlantic, Indian, and Pacific Oceans merge into icy water around Antarctica. Some define this as an
ocean, calling it the Antarctic Ocean, Austral Ocean or Southern Ocean. While most accept four oceans, including the Arctic, there is no
international agreement on the name or extent of a fifth ocean. "In general, National Geographic recognizes the Southern Ocean as
a scientific term and not a oceanographic feature.

Oceans Includes Seabed/Resources
Ocean includes water, seabed and resources
Mansfield 4 Becky Mansfield Department of Geography, Ohio State University, Geoforum
Volume 35, Issue 3, May 2004, Pages 313326 Neoliberalism in the oceans: rationalization, property rights, and
the commons question Science Direct
http://www.sciencedirect.com/science/article/pii/S0016718503001155

In this paper, I address these questions by analyzing the development of neoliberalism in the oceans, and in particular in ocean
fisheries. Examining the ways that past policy orientations toward fisheries have influenced the development of neoliberal
approaches to ocean governance, I contend that neoliberalism in the oceans centers specifically around concerns about property
and the use of privatization to create markets for governing access to and use of ocean resources. Within the Euro-American
tradition that has shaped international law of the sea, the oceans (including the water column, seabed, and living and
mineral resources) were long treated as common propertythe common heritage of mankind (Pardo, 1967)open to all
comers with the means to create and exploit oceanic opportunities. Although historically there has also been continual tension
between this openness of access and desire for territorialization (especially of coastal waters), treating the oceans as a commons
is consistent with the idea that oceans are spaces of movement and transportation, which have facilitated mercantilism,
exploration, colonial expansion, and cold war military maneuvering (Steinberg, 2001).1 Oceans have also long been sites for
resource extraction, yet it has not been until recent decades that new economic desires and environmental contradictions have
contributed to a pronounced move away from open access and freedom of the seas. New technologies for resource extraction
combined with regional overexploitation have contributed to conflicts over resources, to which representatives from academia,
politics, and business have responded by calling for enclosing the oceans within carefully delimited regimes of property rights, be
those regimes of state, individual, or collective control.
Ocean exploration includes the sea floor
McNutt 13 Marcia McNutt, Ocean Exploration 2020 Executive Chair and Editor-In-Chief of Science, Ocean
Exploration 2020: A National Forum, http://oceanexplorer.noaa.gov/oceanexploration2020/oe2020_report.pdf

Participants noted that ocean exploration includes everything from the sub-sea floor to the ocean surface. In all of
these geographic areas, participants agreed that a greater emphasis should be placed on exploring the water column
than often has been the case in the past.
Exploration includes the seabed and subsoil
Simmonds 3 Mark Simmonds, Whale and Dolphin Conservation Society, Oceans of Noise,
http://www.mmc.gov/sound/internationalwrkshp/pdf/simmondsetal.pdf

The Barcelona Convention is supplemented by a Protocol for the Protection of the Mediterranean Sea against
Pollution Resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its Subsoil (the
Barcelona Protocol).76 The protocol defines exploration activities to include, inter alia, seismological activities
and surveys of the seabed and its subsoil.77 Though several provisions apply generally to pollution (which in turn
includes energy78) or to activities (which in turn includes exploration activities), the section in the protocol that
addresses particular types of pollutants in turn79 does so under the heading wastes and harmful or noxious
substances and materials; not surprisingly in view of this declared scope, there is no mention in this section of
pollution by forms of energy. Overall then, it is clear that in the detail, the Barcelona Protocol focuses on substances
and materials rather than on energy.

Oceans Excludes Other Water Bodies
Oceans are only the 5 major bodies of water---lakes and land-bounded seas like the Mediterranean are
excluded
Rosenberg 14 Matt Rosenberg, Master's in Geography from California State University, Former Adjunct
University Faculty Member in Geography, City Planning and GIS Intern for Local Government, Newspaper
Columnist, and Disaster Manager for the American Red Cross, Names for Water Bodies, About.com Geography,
http://geography.about.com/od/physicalgeography/a/waterbodies.htm

Water bodies are described by a plethora of different names in English - rivers, streams, ponds, bays, gulfs, and seas
to name a few Many of these terms' definitions overlap and thus become confusing when one attempts to pigeon-
hole a type of water body. Read on to find out the similarities (and differences) between terms used to describe
water bodies.
We'll begin with the different forms of flowing water. The smallest water channels are often called brooks but
creeks are often larger than brooks but may either be permanent or intermittent. Creeks are also sometimes known as
streams but the word stream is quite a generic term for any body of flowing water. Streams can be intermittent or
permanent and can be on the surface of the earth, underground, or even within an ocean (such as the Gulf Stream).
A river is a large stream that flows over land. It is often a perennial water body and usually flows in a specific
channel, with a considerable volume of water. The world's shortest river, the D River, in Oregon, is only 120 feet
long and connects Devil's Lake directly to the Pacific Ocean.
A pond is a small lake, most often in a natural depression. Like a stream, the word lake is quite a generic term - it
refers to any accumulation of water surrounded by land - although it is often of a considerable size. A very large
lake that contains salt water, is known as a sea (except the Sea of Galilee, which is actually a freshwater lake).
A sea can also be attached to, or even part of, an ocean. For example, the Caspian Sea is a large saline lake
surrounded by land, the Mediterranean Sea is attached to the Atlantic Ocean, and the Sargasso Sea is a portion of the
Atlantic Ocean, surrounded by water.
Oceans are the ultimate bodies of water and refers to the five oceans - Atlantic, Pacific, Arctic, Indian, and
Southern. The equator divides the Atlantic Ocean and Pacific Oceans into the North and South Atlantic Ocean and
the North and South Pacific Ocean.
Oceans are distinct from seas, gulfs, and bays
NASA 10 Water Bodies: Where Are They?, Educators Guide Module 2,
http://er.jsc.nasa.gov/seh/Mission_Geography/k-4/Module_2/I-2-3.pdf

Developing the Investigation
3. Refer to the list above and circle the following water bodies. Tell the students that the project that they will be
doing will focus on these: oceans, seas, gulfs, bays, lakes, and rivers. Give the definitions to the class, either
verbally or on a slip of paper and ask them what water body is being defined. Use the following definitions.
ocean: a vast body of salt water that separates or surrounds continents
sea: a smaller division of the ocean, partially enclosed by land (or sometimes a very large lake)
gulf: arm of the ocean that reaches into land
bay: a body of water that is partly enclosed by land, smaller than a gulf
lake: a body of fresh water, surrounded by land
river: water that flows downhill in a natural channel
Oceans Excludes Seas
Seas arent topical
Ask 14 What Is the Difference between Sea and Ocean?, http://www.ask.com/question/what-is-the-difference-
between-sea-and-ocean

What Is the Difference between Sea and Ocean?
Oceans and seas are two different types of bodies of water. The difference between an ocean and the sea is that seas
are typically located where the land and the ocean meet, are partially enclose by land and are relatively smaller than
oceans while oceans are very deep masses of water that separate continents and are expansive. Oceans do not have
plant life on the ocean beds as compared to seas which have a wide variety of plant life. The world's largest sea is
very small in comparison to the smallest ocean.
Oceans and seas are distinct---they unlimit
Edmondson 7 R. Edmondson, What Is The Difference Between An Ocean And A Sea?, Tell Me Why Facts, 3-
2, http://www.tellmewhyfacts.com/2007/03/what-is-difference-between-ocean-and.html

Ocean and sea are two words that are used frequently and interchangeably (in writing and conversation) to mean the
same thing: a continuous mass of seawater on the earth's surface. However, strictly speaking, there is a difference
between the two.
An ocean is a large expanse of salt water that covers three-quarters of the earth's surface. It is bounded by the
continents, or the equator, and other imaginary lines. The Earth's seven main oceans are; the Arctic, North Atlantic,
South Atlantic, North Pacific, South Pacific, Indian and Antarctic Oceans. These seven main oceans comprise the
"world ocean". Sea on the other hand, is a body of salt water that is surrounded by land on all or most sides, or that
is part of one of the oceans. For example, the Caspian Sea and the Dead Sea are large saline lakes that are
surrounded by land-they lack a natural outlet; Sargasso Sea is a portion of the Atlantic Ocean and the
Mediterranean Sea is attached to the Atlantic Ocean. Major seas include the Mediterranean, Baltic, Bering, Black,
Caribbean, Coral, North, Red, and Yellow. The largest seas are the South China Sea, the Caribbean Sea, and the
Mediterranean Sea.
Thus, an ocean is interconnected mass of saltwater (covering 71% of the surface of the earth) where boundaries are
established by continental land masses, or the equator and ridges in the ocean floor. A sea, on the other hand, is
usually smaller than an ocean (a division of an ocean) and is a body of salt water that is; surrounded on all or most
sides (partially enclosed) by land and/or part of one of the oceans.
Our interpretation is most predictable---theirs is outdated
AHD 2 American Heritage Science Dictionary, ocean, http://dictionary.reference.com/browse/ocean

Our Living Language: The word ocean refers to one of the Earth's four distinct, large areas of salt water, the
Pacific, Atlantic, Indian, and Arctic Oceans. The word can also mean the entire network of water that covers almost
three quarters of our planet. It comes from the Greek Okeanos, a river believed to circle the globe. The word sea
can also mean the vast ocean covering most of the world. But it more commonly refers to large landlocked or
almost landlocked salty waters smaller than the great oceans, such as the Mediterranean Sea or the Bering Sea.
Sailors have long referred to all the world's waters as the seven seas. Although the origin of this phrase is not
known for certain, many people believe it referred to the Red Sea, the Mediterranean Sea, the Persian Gulf, the
Black Sea, the Adriatic Sea, the Caspian Sea, and the Indian Ocean, which were the waters of primary interest to
Europeans before Columbus.
Seas are different because theyre delineated by land masses
Barrans 12 Richard E. Barrans Jr., Ph.D., Assistant Director of the PG Research Foundation, Sea vs Oceans,
Newton Ask A Scientist Department of Energy Office of Science, June,
http://www.newton.dep.anl.gov/askasci/env99/env131.htm

Sea vs Oceans
Name: Carl
Status: Other
Age: 30s
Location: N/A
Country: N/A
Date: N/A
Question:
What, if any, is the difference between the seas and the ocean?
I know that some seas are enclosed by land masses (i.e. Black Sea) and others aren't (i.e.Tasman Sea). Also what is
the distinction between gulfs and bays?
I've checked encyclopedias and other various sources but have yet to find a satisfactory answer. Perhaps you could
recommend a book.
Thank you for any info you can provide.
Carl
Replies:
It's not a rigid definition. Seas are delineated by land masses, whether or not they are largely enclosed. They should
also communicate with the ocean. The Meditteranean and Black seas qualify here, because saltwater actually flows
IN to both those bodies of water. The Caspian Sea is, strictly speaking, not really a sea but instead the world's largest
lake. Why aren't the Gulf of Mexico, the Gulf of California, Hudson Bay, and the Bay of Bengal not called seas? No
real reason. It's just a matter of names. If different people had named them, they might have been called seas.
Mediterranean is not an ocean
ReadSuperbs 11 Whats the Distinction Between A Ocean and A Sea, October,
http://readsuperbs.blogspot.com/2011/10/whats-distinction-between-ocean-and-sea.html

Although the terms "ocean" as well as "sea" in many cases are utilized interchangeably, a lot is usually considered to
be smaller than an ocean. 1 definition of "ocean" is actually: a great entire body of interconnecting salt water which
covers 71 % from the Planet's surface. There are 4 major oceans-Arctic, Ocean, and Indian native, as well as Pacific.
However, a few resources do not range from the Arctic Sea, calling it a marginal sea.
The term "sea" is usually allotted to saltwater areas on the margins associated with oceans, like the Mediterranean
and beyond located beside the Atlantic Ocean.
Oceans Includes Seas
Oceans include seas
Merkels 96 Merkels Jr., United States Patent Method of Increasing Seafood Production in the Ocean, 7-16,
patentimages.storage.googleapis.com/pdfs/US5535701.pdf

Ocean fertilization according to the present invention would greatly increase the productivity of seafood from the
oceans. (The term oceans also includes seas, bays and other large bodies of water). For example, ocean
fertilization along the Atlantic and Pacific coasts of the United States could increase the productivity off these coasts
up the level that occurs naturally off the coast of Peru. This could increase the productivity of seafood along the
Atlantic and Pacific coasts of the United States by a factor of 30 or more, and thereby provide thousands of new jobs
and revitalize a fishing industry that is in decline in some areas of the United States, while at the same time
generating a high quality protein food for both domestic consumption and export. Ocean fertilization could also
increase the fish catch off the coasts of other countries with the same benefits.
Some seas are topical
Infoplease 13 Oceans or Seas?, October, http://www.infoplease.com/askeds/oceans-seas.html

The Question:
What is the difference between an "ocean" and a "sea"?
The Answer:
According to our encyclopedia the words are synonymous.
In addition, the word "sea" can also be used to describe a subdivision of an ocean that is more or less marked off by
land boundries. That's the case with the North Sea, Caribbean Sea, and Yellow Sea. It is inaccurately used to
describe large, land-locked salt-water lakes like the Caspian Sea, Dead Sea, and Aral Sea.
Here are links to tables of the world's Largest Oceans and Seas and Largest Lakes if you're thirsting for more
information.
Oceans Excludes Great Lakes
Great Lakes are not oceans
OPC 10 Ocean Policy Commission, NOPC Submits Comments On Interim Framework for Effective Coastal and
Marine Spatial Planning, 2-12, http://oceanpolicy.com/2010/02/12/nopc-submits-comments-on-interim-framework-
for-effective-coastal-and-marine-spatial-planning-2/

It is unclear as to why the Ocean Policy/CMSP is applied to the Great Lakes. The Great Lakes are not oceans. The
submerged lands in the Great Lakes region are under the jurisdiction of the adjacent states and are actually part of
the territory of those states. There are no Great Lakes waters under exclusive federal jurisdiction. We are concerned
that applying CMSP to the Great Lakes would in fact take away state authority in these regions and bring them
under federal control setting up a constitutional conflict.
Great Lakes are not oceans
Flikkema 2 Elizabeth Flikkema, Childrens Author, Reading for Understanding, Grades 1 2, p. 112

Stand on the sunny shore of Lake Michigan. Feel the sand between your toes. Hear the seagulls screaming. Look at
the water. You can't see the other side of the lake! Is it an ocean? No, it is a Great Lake.
The five Great Lakes are not oceans. Their water is not salty The Great Lakes are huge freshwater lakes. The five
lakes are Lake Superior, Lake Michigan, Lake Huron, Lake Ontario, and Lake Erie.

Oceans Excludes Coast/EEZ 1NC
Ocean is water beyond the Contiguous Zone
CWA 12 Clean Water Act, Section 502 General Definitions,
http://water.epa.gov/lawsregs/guidance/wetlands/sec502.cfm

(10) The term "ocean" means any portion of the high seas beyond the contiguous zone.
That excludes activities within 24 miles of shore
Baird 97 Brian E. Baird, Manager of California Ocean Resources Management Program, California's Ocean
Resources: An Agenda for the Future, March, http://resources.ca.gov/ocean/html/chapt_3.html

OCEAN JURISDICTIONAL DESIGNATIONS
Ocean jurisdictions include some offshore regions with clearly defined sovereignty and regulatory regimes, while
others have become less clear due to recent national and international developments (see Figure 3-1). Current ocean
jurisdictional designations offshore California are:
State Tidelands and Submerged Lands (shoreline to 3 nautical miles offshore): the federal Submerged Lands Act of
1953 (43 U.S.C. 1301 et seq.) granted ownership of lands and resources within this body of water to coastal states
such as California.
Outer Continental Shelf (seaward of 3 nautical miles from shore): the Outer Continental Shelf Lands Act of 1953
(43 U.S.C.A. 1331 et seq.), passed in coordination with the Submerged Lands Act, confirmed federal jurisdiction
over the resources beyond three nautical miles from shore and created a legal process for developing those resources
(such as oil and gas).
Territorial Sea (shoreline to 12 nautical miles offshore): pursuant to a 1988 proclamation by President Reagan
(Proclamation No. 5928), the United States now asserts sovereign rights over the lands and waters out to 12
nautical miles from shore (the previous territorial sea designation was coextensive with State Tidelands in California
-- shoreline to 3 nautical miles offshore). This proclamation does not disturb the rights of states in the waters out to
three nautical miles established under the SLA. However, the term "territorial sea" is included in over 68 federal
statutes and the new assertion of sovereignty creates ambiguity over the management of the area between 3 and 12
miles offshore. It has never been tested in the courts as to whether the President can unilaterally enlarge this
jurisdiction to 12 miles for the purposes of these statutes. The term "marginal sea" is also used to describe the
territorial sea.
Contiguous Zone ( 12 to 24 nautical miles offshore): within this area, a nation can exercise control over customs,
fiscal, immigration and sanitary matters. Neither the Executive Branch nor Congress have taken the initiative to
formally adopt a contiguous zone for the waters offshore the U.S..
Oceans Excludes Coast/EEZ 2NC
Oceans are outside of any states territorial control---coastal areas arent topical
Conner 00 William C. Conner, Senior District Judge for the United States District Court, Hartford Fire Insurance
Company, Plaintiff, v. Joseph MITLOF d/b/a Hudson Valley Waterways, Village of Tarrytown, Village of Nyack,
Nyack Parking Authority, Key Bank U.S.A., Rivercrest Homeowners Association a/k/a Rivercrest Corp., Garrison
Yacht Club and Nyack Boat Club, Defendants, 12-15,
http://www.leagle.com/decision/2000885123FSupp2d762_1804.xml/HARTFORD%20FIRE%20INS.%20CO.%20v
.%20MITLOF

The Passengers argue that the term "marine insurance" in 2117(b)(3)(A) "concerns insurance for the ship owner's
personal property in the course of import or export and is clearly not applicable to [Passengers's] personal injury
claims." (Ram July 10 tr at 2.) The Hartford Policy definitely does not fall into this category, for there is no evidence
that Conservator was involved in import/export shipping. On the contrary, it was a pontoon boat certified to travel
only in the "Norwalk Connecticut harbor area, not more than one (1) mile from shore, on voyages not to exceed
thirty (30) minutes in duration" (Coast Guard 5/21/97 Certificate of Inspection at 1). Thus, it was clearly not an
"ocean going vessel;" nor was it even certified to travel on the ocean. See, e.g., BLACK'S LAW DICTIONARY
1080 (6th ed.1990), which defines "ocean" as "the main or open sea; the high sea; that portion of the sea which does
not lie within the body of any country and is not subject to the territorial jurisdiction or control of any country, but
is open, free, and common to the use of all nations."
Oceans are outside of the territorial sea
CFR 14 Code of Federal Regulations, Permits for Ocean Dumping of Dredged Material,
http://www.law.cornell.edu/cfr/text/33/324.2

For the purpose of this regulation, the following terms are defined:
(a) The term "ocean waters" means those waters of the open seas lying seaward of the base line from which the
territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15
UST 1606: TIAS 5639).
Oceans Includes EEZ
Oceans include the EEZ
Mathews 11 Joe Mathews, Law Clerk at Springfield Law and Conservation Clinic Fellow at the University of
Florida Conservation Clinic, Redefining the Territorial Sea in the Clean Water Act: Replacing Outdated
Terminology and Extending Regulatory Jurisdiction, Sea Grant Law and Policy Journal, 4(1), Summer,
http://nsglc.olemiss.edu/sglpj/Vol4No1/Matthews.pdf

3. The Ocean
The ocean is defined as any portion of the high seas beyond the contiguous zone.49 Although the high seas is
not defined in the CWA, the ocean as used in the CWA has been interpreted to include the Exclusive Economic
Zone (seaward a distance of 200 nautical miles)50 as well as the high seas beyond the jurisdictional reach of the
United States.51 Part VII of UNCLOS III, which discusses the High Seas states that it applies to all parts of the
sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or
in the archipelagic waters of an archipelagic State.52 Although such an expansive definition was unlikely the
intention of Congress when it passed the CWA, the statute does assert authority over ocean waters falling outside
U.S. jurisdiction and it is a reasonable interpretation of the statutory language in light of UNCLOS III. This serves
as another example of the confusion generated by Congress failure to update the CWA to reflect the existing extent
of maritime claims under international law.
Excluding coastal exploration undermines topic education
Baker 3 Joe Baker, Chief Scientist for the Queensland Department of Primary Industries and Commissioner for
the Environment, Exploration of the Seas:: Voyage into the Unknown, p. 175-176

Joe Baker, Chief Scientist for the Queensland Department of Primary Industries and Commissioner for the
Environment, discussed the value of ocean explorationexemplified by Australia's dependence on marine resources
for its economic well-being. The scientific value of exploration is not the highest priority. It is the use of the data
and the assimilation and transmission of information to decision-makersthat is essential. Australia is one of the 12
mega-biodiverse countries, and the only developed country among the 12 mega-biodiverse countries. With the
exception of Australia, the other eleven have an inverse proportion of gross national product to mega-biodiversity.
Australia has a well-educated population, is politically stable, and has many special features such as the Great
Barrier Reef. There is significant expertise in tropical marine systems, and as a result, Australia has responsibility
for leadership in management and conservation for protection of mega-biodiversity.
Dr. Baker's definition of ocean exploration is broad and includes a comprehensive awareness of the nature, role, and
function of the oceans. It should be multidisciplinary and multinational. A coordinated international exploration
program adds value by sharing costs and assets, sharing output, and eliminating overlap. Such a program should
include studies of impacts of change on human populations, interactions at boundaries (e.g., ice, coastal margins, sea
beds), the interdependency of living and nonliving components of ecosystems, bio-prospecting for pharmaceuticals,
and bio-mining for exploitation of natural resources. The challenge is to determine priorities and develop criteria for
study selection.
He emphasized that ocean exploration should not focus exclusively on offshore oceanic environments. Coastal
ocean exploration is equally important as offshore because these are the areas where the impacts of change will be
the most severe. Finally, he offered the opinion that good exploration shares costs and benefits with developing
countries in order to help all parties achieve sustainable development of ocean resources.
No bright-line for their interpretation
Visbeck 13 Martin Visbeck, Chair in Physical Oceanography at the Leibniz Institute of Marine Sciences at the
University in Kiel, et al., Securing Blue Wealth: The Need for a Special Sustainable Development Goal for the
Ocean and Coasts and for Future Ocean Spatial Planning, December,
sustainabledevelopment.un.org/getWSDoc.php?id=2910

2 There is no standard definition of coasts or the coastal zone. Commonly, the coastal zone is understood as the
interface or transitional area between terrestrial and marine environments and their mutual influences (Woodroffe,
2002). Yet the coastal zone is strongly impacted by human activity and thus characterized by functional linkages and
interactions between environmental and human systems, both on land and at sea. In our context, we understand the
coastal zone as a complex human-environmental system that extends as far into the sea and onto the land as its key
functional linkages and interactions extend.
Oceans Excludes Above Surface
Oceans begin at the surface
Knight 13 J.D. Knight, Webmaster of Sea and Sky, Astronomer and Marine Aquarium Hobbyist, Layers of the
Ocean, http://www.seasky.org/deep-sea/ocean-layers.html

Scientists have divided the ocean into five main layers. These layers, known as "zones", extend from the surface to
the most extreme depths where light can no longer penetrate. These deep zones are where some of the most bizarre
and fascinating creatures in the sea can be found. As we dive deeper into these largely unexplored places, the
temperature drops and the pressure increases at an astounding rate. The following diagram lists each of these zones
in order of depth.
Epipelagic Zone - The surface layer of the ocean is known as the epipelagic zone and extends from the surface to
200 meters (656 feet). It is also known as the sunlight zone because this is where most of the visible light exists.
With the light come heat. This heat is responsible for the wide range of temperatures that occur in this zone.
*** EXPLORATION
Exploration Discovery 1NC
Exploration is discovery through observation and recording
NAS 00 National Academy of Science Study, Ocean Exploration, http://dels.nas.edu/resources/static-
assets/osb/miscellaneous/exploration_final.pdf

What Is Ocean Exploration?
As defined by the Presidents Panel on Ocean Exploration (National Oceanic and Atmospheric Administration,
2000), ocean exploration is discovery through disciplined, diverse observations and recordings of findings. It
includes rigorous, systematic observations and documentation of biological, chemical, physical, geological, and
archeological aspects of the ocean in the three dimensions of space and in time.
Activity after discovery isnt exploration
Hertzman 13 Len Hertzman, Partner at Ashurst Australia, Exploration Expenditure No Bright Line Test, 5-
29, www.ashurst.com/doc.aspx?id_Content=9175

What is "exploration"?
One of the key issues in the proceedings concerned the meaning of the word "exploration" as used in section 37 of
the Act.
While it is clear that "exploration" extends to activities involved in searching for and drilling exploration wells to
discover petroleum reserves, prior to the Tribunals decision, it was not clear whether the word "exploration"
extended beyond the immediate discovery of petroleum. For example, if a taxpayer drilled an exploration well and
discovered petroleum, does expenditure incurred subsequent to that point in time cease to have the character of
exploration expenditure (even though the extent and quality of the reserve may be unknown)?
Further, it was unclear whether the term "exploration" extended to circumstances where a taxpayer did not yet know
whether an identified reserve was commercially or technically viable to allow for the development and later
production of a petroleum project (ie where the reserve is not a proven reserve). If activities of this nature were in
connection with "exploration" then the costs of assessing the commercial or the technical feasibility of exploiting a
reserve are likely to be referrable to "exploration" and therefore within section 37 of the Act.
A further step along the continuum is whether "exploration" continues until a final investment decision is made to
proceed with a project in relation to a proven reserve. Again, it was not clear whether expenditure incurred on
activities prior to a final investment decision being made are referrable to "exploration" and therefore within section
37 of the Act.
In its decision the Tribunal concluded, after considering the legislative history of the Act, that there is nothing in the
legislative history or in the extensive case law referred to by either party to suggest that the term "exploration"
should be read as meaning other than its ordinary everyday meaning understood in the context in which it appears.
The Tribunal found it useful to borrow from the language of a research report prepared by the Australian Bureau of
Agricultural and Resource Economics in 1996 (ABARE report) in considering the nature of the activities which
naturally fall within the meaning of the word "exploration", as the word would be understood by a user of ordinary
English familiar with oil and gas mining.
The ABARE report refers to:
oil and gas companies using a range of survey techniques to identify prospective fields. These may be geological,
gravity, magnetic, seismic (2D and 3D) or geometrical surveys. In prospective areas, new field wildcat wells are
drilled to discover the location of accumulations. In the event of a discovery, appraisal wells may also be drilled to
provide a more accurate indication of the potential size and quality of the oil and gas resources.
The ABARE report then stated "[if] the discovery is significant, a feasibility study of the field for future
development and production is undertaken". The Tribunal took the view that although activities in the nature of
feasibility studies were included by the ABARE report as falling within the "exploration phase" as opposed to the
"production phase", activity of that kind is of a distinctly different nature to that included within the ordinary
meaning of the term "exploration". Accordingly, the Tribunal found at [322]:
as a matter of fact, that in the context of section 37(1) of the PRRTA Act, the ordinary meaning of the word
'exploration' contemplates the use of any range of survey techniques to identify prospective oil or gas fields. Those
survey techniques would include, but not be limited to, geological, gravity and magnetic, seismic (2D and 3D) and a
geometric surveys together with any scientific or technical analysis necessarily associated with evaluating their
results. 'Exploration' also includes the drilling of appraisal wells to provide a more accurate indication of the
potential size and quality of the oil and gas reserves. However, the ordinary meaning of the word 'exploration' does
not, in the Tribunal's view, extend to include feasibility studies of the field for future development and production.
[emphasis added]
Voting issue---
Limits---they include any activity that potentially gains knowledge, which makes research impossible---the
mechanism of exploration is the only hope for limits because action in any part of the ocean is topical---
limits are key to preparation and clash
Ground---action beyond discovery artificially inflates advantage ground and opens up unique production
Affs that change the link direction to generics---ground is key to fairness
Exploration Discovery Violation
Exploration ends at the point of discovery
Grieve 13 Stewart Grieve, Partner at Corrs Chambers Westgarth, Exploration Expenditure Under The
Microscope, 9-11, http://www.lexology.com/library/detail.aspx?g=84f4dbcb-26c8-4db7-9559-7ad03949040f

ZZGN suggests that there is a temporal aspect to exploration. Despite the AAT dismissing the exploration
phase and production phase dichotomy in the ABARE Report, it seems, according to the AAT, that generally
exploration occurs only up until the point of discovery. The problem however, is in stating precisely when a
discovery is made. Between first identification of the resource and the commissioning of feasibility studies lies a
range of activity that, on the AAT definition, may or may not constitute exploration. When, for instance, does
appraising the size and quality of a field constitute exploration and when does it constitute a feasibility study for
future development? In that regard, clearly exploration and feasibility studies are not unrelated concepts.
The target must be new or unexplored
CFR 12 Code of Federal Regulations, TITLE 30 - MINERAL LANDS AND MINING,
http://www.law.cornell.edu/uscode/pdf/uscode30/lii_usc_TI_30_CH_17_SE_643.pdf

643. Exploration defined
As used in this chapter, the term exploration means the search for new or unexplored deposits of minerals,
including related development work, within the United States, its Territories and possessions, whether conducted
from the surface or underground, using recognized and sound procedures including standard geophysical and
geochemical methods for obtaining mineralogical and geological information.
Exploration is discovery of the unknown
Laloganes 12 John Laloganes, Doctorate Candidate in Organization Leadership at Argosy University, An
Exploration of Wine, Haiku and Erotica, Cellar Angels, 4-5, http://blog.cellarangels.com/wine-haiku-erotica-pinot-
noir-wine-trends/2012/

The use of the term exploration is aptly applied to signify the intent of discovering an unknown. We explore in
order to examine something creativelyless linear while applying an unorthodox perspective that may parallel an
unsuspectingly distinct topic.
Not Exploration unless the Aff ventures into unknown parts of the Ocean
Ban 12
Raymond J. Ban Chair, NOAA Science Advisory Board Ocean Exploration and Research Review Transmittal Letter
November 26, 2012 http://www.sab.noaa.gov/Reports/OER_Review_TransmittalLetter_Final.pdf.

I am pleased to transmit to you the following report from the Ocean Exploration and Research (OER) Program review. This review was
conducted under the Science Advisory Board Ocean Exploration Advisory Working Group (OEAWG) as per its terms of reference. The review
panel found that the OER Program has had impressive successes in science, mapping, data management, education, politics,
and diplomacy. However, there remain vast unexplored regions of the ocean. The panels major finding is there is
undiminished motivation for ocean exploration research. The panel affirmed that ocean exploration is distinct from comprehensive
surveys and at-sea research, including hypothesis-driven investigations aimed at the ocean bottom, artifacts, water column, and marine life.
Its not exploration if someone has been there before
OER 12
Office of Exploration and Research, OER, is a subsection of the NOAA, The National Oceanic and Atmospheric
Administration. This blue-ribbon panel and report was commissioned by Raymond J. Ban Chair, NOAA Science
Advisory Board. Ocean Explorations Second Decade December 2012.
http://explore.noaa.gov/sites/OER/Documents/about-oer/program-review/2012-12-12-FINAL-OE-Review-
Report.pdf.

The 2000 Panel recommended the U.S. government establish the Ocean Exploration Program for an initial period of 10 years, with new funding
at the level of $75 million per year, excluding capitalization costs. The 2000 Panels recommendations are listed to the right. The present Panel
affirms the brief definition of exploration of the 2000 Panel: Exploration is the systematic search and investigation for the initial
purpose of discovery and the more elaborated definition of the US Navy: Systematic examination for the purposes of discovery;
cataloging/documenting what one finds; boldly going where no one has gone before; providing an initial knowledge base for
hypothesis-based science and for exploitation. The Panel affirms that Ocean Exploration is distinct from comprehensive surveys (such
as those carried out by NAVOCEANO and NOAA Corps) and at-sea research (sponsored by National Science Foundation, Office of Naval
Research, and other agencies), including hypothesis-driven investigations aimed at the ocean bottom, artifacts, water column, and
marine life. The present Panel finds undiminished motivations for the U.S. National Program in ocean exploration. In fact,
spurred in part by the Ocean Exploration Program, a renaissance of ocean exploration has occurred during the past decade, both nationally and
globally. Most famously, in March 2012 Titanic film director James Camerons vertical torpedo visited the Mariana Trenchs
Challenger Deep, Earths deepest valley. The first human to visit the Challenger Deep since 1960, Cameron descended in 2 hours and 36
minutes and ascended in a remarkable 70 minutes. The project involved many partners, including the National Geographic Society, Rolex
Corporation, Alfred P. Sloan Foundation, and Camerons own enterprises. It attracted billions of web hits, more than any prior event. Among
other highly visible ventures in ocean exploration during the past decade were the cooperative international Census of Marine Life, the Russian
flag-laying at the North Pole seafloor, and the renewed visits to the RMS Titanic.
Exploration Discovery Limits 2NC
Their interpretation makes all activity in the ocean topical---clearly restricting exploration to discovery is
the only mechanism for limits
NAS 69 National Academy of Sciences, In an Ocean Quest The International Decade of Ocean Exploration,
http://www.gpo.gov/fdsys/pkg/CZIC-gc11-o25-1969/html/CZIC-gc11-o25-1969.htm

The term "International Decade of Ocean Exploration' can be interpreted very broadly. Thus the Steering
Committee gave early consideration to the features that could serve to distinguish programs of the Decade from the
whole of ocean science and engineering. A broad statement of the basic objectives of the Decade was developed, as
follows:
To achieve more comprehensive knowledge of ocean characteristics and their changes and more profound
understanding of oceanic processes for the purpose of more effective utilization of the ocean and its resources.
The emphasis on utilization was considered of primary importance. In contrast to the total spectrum of
oceanography and ocean engineering, the principal focus of Decade activities would be on exploration effort in
support of such objectives as (a) increased net yield from ocean resources, (b) prediction and enhanced control of
natural phenomena, and (c) improved quality of the marine environment. Thus Decade investigations should be
identifiably relevant to some aspect of ocean utilization.
The word "exploration" has a number of meanings, extending from broad reconnaissance to detailed prospecting.
Exploration effort of the IDOE should include the scientific and engineering research and development required to
improve the description of the ocean, its boundaries, and its contents, and to understand the processes that have led
to the observed conditions and that may cause further changes in those conditions.
Of all the ocean investigations that will contribute in some way to enhanced utilization, we believe that those
involving cooperation among investigators in this country and abroad are particularly appropriate for the Decade.
Decade Programs would often be of long-term and continuing nature, would require the facilities of several groups,
and would be directed toward objectives of widespread, rather than local or special, interest. It is anticipated that
these programs within the United States may be cooperatively implemented both by government agencies (federal
and state) and by private facilities (academic and industrial).
As the title suggests, international cooperation will be of particular importance. Such cooperation has long been a
characteristic of oceanog- raphy, for reasons described in the following paragraph (from "Inter- national Ocean
Affairs" published by the Scientific Committee on Oceanic Research in 1967).
The world ocean covers 71 % of the earth's surface. Most countries have sea coasts and make some use of the sea,
although national jurisdiction extends over only a small fraction of the ocean's area; the remainder is common
property.* The waters of the world ocean and their contents intermingle without serious restraint . Many oceanic
processes are of large scale and are driven by forces of planetary dimension, The organisms inhabiting the sea are
influenced by these processes and forces, and their distribution, abundance and behaviour are often influenced by
events occurring far beyond the territorial limits recognized by rtian.
Most international cooperative investigations have consisted of a set of national programs suitably modified and
coordinated to achieve international objectives. The Decade is envisioned as a period of intensified collaborative
planning, development of national capabilities, and execution of national and international programs. This report
gives principal attention to the development of U.S. programs that could contribute to the Decade. Integration of
these programs and those of other countries into a comprehensive international program was not discussed in detail,
but has been left for consideration by appropriate international bodies. It is hoped that this report will be a useful
contribution to those discussions.
In the light of the goals and features discussed above, there appear to be important aspects of ocean research and
development that lie outside the framework of the Decade. For example, some aspects of theoretical and
experimental research, or the development and application of specific exploitation techniques, may not be
appropriate. Some oceano- graphic research of an academic nature and certain mission-oriented pro- grams of
government and industry will not fit logically into the Decade For example, the National Council on Marine
Resources and Engineer- ing Development has estimated that only about 30 percent of the present U.S. federal
marine science budget (as defined by the Council) is designated for programs related to ocean exploration. In a
sense, all investigations in the ocean will contribute to the goals of the Decade, but in order for it to be successful, a
definite set of programs must be determined. The distinguishing features discussed above should help in defining
this set.
Exploration Discovery Predictability 2NC
Our interpretation is most predictable---its the core and ordinary meaning, which should govern topic
construction
Clancy 13 Dale Clancy, Australian Taxation Office, Petroleum Resource Rent Tax: What Does 'Involved In Or
In Connection with Exploration For Petroleum' Mean?, 10-2,
http://law.ato.gov.au/atolaw/view.htm?rank=find&criteria=AND~TR~basic~exact:::AND~2013/D4~basic~exact&t
arget=EA&style=java&sdocid=DTR/TR2013D4/NAT/ATO/00001&recStart=1&PiT=99991231235958&Archived=
false&recnum=1&tot=5&pn=ALL:::ALL

Meaning of 'exploration for petroleum' in paragraph 37(1)(a) of the Act
78. In Woodside Energy Ltd v. Federal Commissioner of Taxation (No 2 ) [2007] FCA 1961 at paragraph 261,
French J said:
It is necessary as always to begin the task of construction by reference to the words of the Act applying their
relevant ordinary meaning ascertained by reference to context and legislative purpose unless some technical or
special meaning is indicated.7
79. Neither the term 'exploration' nor 'exploration for petroleum' is defined in the Act and these words ought to be
construed according to their ordinary and natural meaning in the context of the Act as a whole.
80. There is no indication in the Act (or in the associated extrinsic materials) that the term 'exploration' carries a
meaning other than its ordinary meaning. Nor does the Act provide any basis for preferring a trade usage of
exploration over the ordinary meaning of the term.8
81. 'Exploration' is an ordinary English word. It is not a technical word, although its application in particular
circumstances might involve technical questions.
In the Shorter Oxford Dictionary (1973) p 707 'exploration' is defined as '1. The action of examining; scrutiny ... 3.
The action of exploring ...'. 'Explore' is defined as '1. ... seek to find out; to search for; to make proof of ... 3. ... to go
into or range over for the purpose of discovery ... 4. ... to conduct operations in search for'.9
The Macquarie Dictionary defines 'exploration' as 1. the act of exploring. 2. the investigation of unknown regions.
'Exploration licence' is defined as a licence granted for a specific time to explore a large section of country with a
view to prospecting. ; 'Explore' is defined as 1. to traverse or range over (a region, etc) for the purpose of discovery.
2. to look into closely; scrutinise; examine. 3. Surgery to investigate, especially mechanically, as with a probe, 4.
Obsolete to search for; search out.
The Oxford English Dictionary defines 'exploration' as 1. The action of examining; investigation, scrutiny, Obs. 2.
The action of exploring (a country, district, place, etc); an instance of this. Also transf 'Explore' is defined as 1. a .
To investigate, seek to ascertain or find out (a fact, the condition of anything). b . To search for; to find by
searching; to search out. Obs 2. a . To look into closely, examine into, scrutinize; to pry into (either a material or
immaterial object). In later use coloured by association with 3. b . To examine by touch; to probe (a wound). 3. a .
esp . To search into or examine (a country, a place, etc) by going through it; to go into or range over for the purpose
of discovery. Fig. phr. To explore every avenue (or to explore avenues ), to investigate every possibility. b . intr . To
conduct operations in search for . c . To make an excursion; to go on an exploration ( to ).
82. The meaning is readily grasped in relation to exploration for petroleum. Searching in order to discover
petroleum is the core concept . The ordinary meaning would not be limited merely to discovering the fact that a field
or petroleum pool existed, but would include determining the size of the field or pool and the physical characteristics
of the petroleum within the field or pool. In other words, discovering the existence, extent and nature of the resource
would be within the description 'exploration'. It is the systematic search for petroleum, and the subsequent
determination of the extent (in the full physical sense, including chemical composition) of those discoveries.
83. The appraisal of the extent and nature of a field or petroleum pool might be a considerable exercise, which may
involve recovery of some of the resource in the course of the exploration - drilling an appraisal well is an example.
84. The view expressed above as to the meaning of exploration for petroleum is consistent with statements in ZZGN
v. Commissioner of Taxation [2013] AATA 351 ( ZZGN ). In ZZGN , President Kerr and Senior Member Walsh
(the Tribunal) were required to consider whether certain expenditure was 'exploration expenditure' for the purposes
of paragraph 37(1)(a) of the Act. The Tribunal made a number of statements about the meaning of exploration for
the purposes of paragraph 37(1)(a). The Tribunal considered that:
...there is nothing in the legislative history of the PRRTA Act or in the extensive case law referred to by either
counsel to suggest that the term 'exploration' should be read as meaning other than its ordinary meaning understood
in the context in which it appears.10
Exploration Data Collection 1NC
Exploration must include data collection
Nordquist 7 Myron H. Nordquist, Associate Director and Editor of the Center for Oceans Law and Policy, and
Senior Fellow at the Center for National Security Law at the University of Virginia School of Law, Law, Science
and Ocean Management, p. 597

Similarly in legal thinking, to define is to conceptualize and possibly identify a threshold for the application of a
principle. Definitions have inclusive and exclusive effects. Marine scientific research is not defined in the
Convention, despite numerous competing efforts over a number of years of negotiations at UNCLOS III.69 Nor are
exploration." marine environment or resources.'" Some writers have pointed out the lack of definitions as a problem
in the MSR regime because in practice some states have subjected certain research to unjustifiable requirements,
possibly because they have not sufficiently distinguished between MSR and exploration and thus characterized a
wide range of research as resource-relevant. '
Soons defines exploration with reference to data collection concerning natural resources, supra note 19. at 125.
Wegelein echoes a similar view, supra note 19, 83-87.
Aff doesnt---voting issue for functional limits---there are few exclusive definitions of exploration or
development---requiring at least one central activity provides stable ground that functionally limits out tiny
Affs that cant beat a PIC out of data---limits are key to manageable research, preparation, and clash
Exploration Data Collection 2NC
Exploration is collecting information
Binus 9 Binus University Thesis, CHAPTER 3: RESEARCH METHODOLOGY, 4-21,
http://thesis.binus.ac.id/doc/Bab3/Bab%203_09-52.pdf

The type of research for this study is the 'exploratory study'. The term exploration means: the process of collecting
information to formulate or refine management, research, investigative, or measurement questions: loosely
structured studies that discover future research tasks, including developing concepts, establishing priorities,
developing operational definitions, and improving research design: a phase of a research project where the
researcher expands understanding of the management dilemma. Looks for ways others have addressed and solved
problems similar to the management dilemma or management question, and gathers background information on the
topic to refine the research questions. (Cooper. Donald R. Schindler. Pamela S.) I found that this method suits the
aim to study and find out the consumer behavior in the mall.
Exploration Not Research
Experiments in the ocean are controlled and not exploration
Ocean Policy Committee quoting Wooster 82
Wooster is an Emeritus Professor and former Professor of marine studies and fisheries at the School of Marine Affairs of the
University of Washington. The Ocean Policy Committee is a sub-section of the National Research Council The National
Research Council was established by the National Academy of Sciences in 1916 to associate the broad community of science and
technology with the Academy's purposes of furthering knowledge and of advising the federal government. The Council operates
in accordance with general policies determined by the Academy under the authority of its congressional charter of 1863, which
establishes the Academy as a private, nonprofit, self-governing membership corporation. The Council has become the principal
operating agency of both the National Academy of Sciences and the National Academy of Engineering in the conduct of their
services to the government, the public, and the scientific and engineering communities. It is administered jointly by both
Academies and the Institute of Medicine. The National Academy of Engineering and the Institute of Medicine were established
in 1964 and 1970, respectively, under the charter of the National Academy of Sciences. From the Book: United States Interests
and Needs in the Coordination of International Oceanographic Research p. 2-3 internally quoting Warren S. Wooster, School of
Marine Affairs, University of Washington, Seattle. "The Contribution of Exploration to Marine Sciences," lecture presented at
the 68th Statutory Meeting of the International Council for the Exploration of the Sea, Copenhagen, 6 October 1980

To understand the present arrangements for conducting U.S. oceanographic research in distant waters, it is necessary first to consider the goals of
such research. What interests do U.S. oceanographers pursue through international research programs? Why should the United States government
be concerned with renewing impediments to such research by securing the rights of oceanographers to study in waters under the jurisdiction of
other countries? Why oust U.S. oceanographic research programs be developed cooperatively with other countries? The answers to these
questions are determined largely by the nature of oceanic phenomena. Large-scale, complex relationships exist between the physical, chemical,
biological, geological, and geophysical characteristics of the ocean and between the ocean and the atmosphere. Because many important oceanic
processes are global or regional, they cannot be studied or understood fully through research carried out in any single location. Oceanography is
primarily a field science dependent upon exploration. As Warren Wooster put its Exploration differs from experimentation.
Much of science is dominated by the experimentalists who work on problems of a scale and simplicity that permit confinement
within the boundaries of controlled experiments. The experimental approach is powerful and often can give reasonably
unequivocal results. In the environmental sciences, on the other hand, scales are greater, at times with the dimensions of the globe,
interactions and nonlinearities dominate, and experiments are no longer subject to the investigator's control.
Specific research is not exploration---it must be open-ended
NOAA 12 National Oceanic and Atmospheric Administration, Independent Review of the Ocean Exploration
Program 10 Year Review 2001 2011, 5-21, http://explore.noaa.gov/sites/OER/Documents/about-oer/program-
review/oe-program-history-overview.pdf

2.1 What is Exploration?
As described in the Presidents Panel Report, ocean exploration is defined as discovery through disciplined diverse
observations and the recording of the findings. An explorer is distinguished from a researcher by virtue of the fact
that an explorer has not narrowly designed the observing strategy to test a specific hypothesis. A successful explorer
leaves a legacy of new knowledge that can be used by those not yet born to answer questions not yet posed at the
time of the exploration. Above all, the overarching purpose of ocean exploration is to increase our knowledge of
the ocean environment; its features, habitats, and species; and how it functions as part of the global ecosystem.
In practice, the NOAA Ocean Exploration Program adopted and continues to promote an approach to engage teams
of scientists representing multiple disciplines to explore unknown and poorly known ocean areas and phenomena.
This approach also includes recruiting natural resource managers, educators, journalists, documentary filmmakers,
and others to join expeditions and provide a unique perspective on the areas being investigated. The objective is to
generate a comprehensive characterization of the area and phenomena explored, providing a rich foundation to
stimulate follow-on research, as well as new lines of scientific inquiry.
Exploration of the ocean is pure observation
Wooster 99
Warren S. Wooster in this conference he is expressly referencing his "The Contribution of Exploration to Marine
Sciences," lecture presented at the 68th Statutory Meeting of the International Council for the Exploration of the
Sea. Wooster is an Emeritus Professor and former Professor of marine studies and fisheries at the School of Marine
Affairs of the University of Washington ICES COOPERATIVE RESEARCH REPORT RAPPORT DES
RECHERCHES COLLECTIVES NO. 260, Stockholm 1999 Centenary Lectures These lectures were published in
June of 2003 http://biblio.uqar.ca/archives/1008099.pdf.

Twenty years ago, I gave a General Assembly lecture on "The Contribution of Exploration to Marine Sciences" in
which I defined exploration as creative observation in an uncontrolled environment that allows one to see what has not
been seen before. I showed the interaction of exploratory research with that needed for fishery and other applications and concluded that
attempts to distinguish between them are no more useful than those which divide oceanographers from fishery scientists. The annual record of
lectures, symposia, and publications demonstrates the nature of exploration in the ICES context, as the following case study illustrates.
Research is distinct from exploration
Keener 14 Paula Keener, Education Director at the National Oceanic and Atmospheric Administration,
Introduction to Volume 2: How Do We Explore?,
http://oceanexplorer.noaa.gov/okeanos/edu/collection/media/hdwe-Bkgnd.pdf

On August 13, 2008, the NOAA Ship Okeanos Explorer was commissioned as Americas Ship for Ocean
Exploration; the only U.S. ship whose sole assignment is to systematically explore Earths largely unknown ocean.
A key part of the vision underlying this assignment is that the Okeanos Explorer is a ship of discovery. Her mission
is to find anomalies; things that are unusual and unexpected. When anomalies are found, explorers aboard the ship
collect basic information that can guide future expeditions to investigate hypotheses based on this information. This
process underscores an important distinction between exploration and research:
Exploration is about making new discoveries to expand our fundamental scientific knowledge and understanding
and to lay the foundation for more detailed scientific investigations;
Research is about the attempt to understand things that have previously been discovered and leads to informed
decision-making.
Detailed scientific investigations happen after exploration
NOAA 14 National Oceanic and Atmospheric Administration, What Is Ocean Exploration and Why Is It
Important?, http://oceanexplorer.noaa.gov/backmatter/whatisexploration.html

Ocean exploration is about making new discoveries, searching for things that are unusual and unexpected.
Although it involves the search for things yet unknown, ocean exploration is disciplined and systematic. It includes
rigorous observations and documentation of biological, chemical, physical, geological, and archaeological aspects of
the ocean.
Findings made through ocean exploration expand our fundamental scientific knowledge and understanding, helping
to lay the foundation for more detailed, hypothesis-based scientific investigations.
Testing specific hypotheses is not exploration
Moore 4 Barbara Moore, Director of the Undersea Research Program at NOAA, NOAA and the
National Deep Submergence Facility, 12-12,
http://www.unols.org/meetings/2004/200412des/200412desap05a.PDF

OE -- Defines exploration as discovery through disciplined diverse observations and the recording of findings, as
opposed to observations to test a specific hypothesis;
Exploration is gathering information, NOT testing specific questions
NOAA 00 National Oceanic and Atmospheric Administration, A New Era of Ocean Exploration, 8-22,
http://oceanservice.noaa.gov/websites/retiredsites/oceanpanel.pdf

What is Ocean Exploration?
National Geographic Society:
one explores to obtain information about areas that are largely or completely unknown
Explorers Club:
field studies and scientific exploration
National Science Foundation (IDOE):
systematic surveys of the world oceans, to support anticipated uses of marine resources and scientific curiosity
Navy definition: Ocean Exploration
Systematic examination for the purposes of discovery; cataloging/ documenting what one finds; boldly going where
no one has gone before; providing an initial knowledge base for hypothesis-based science and for exploitation.
What is NOT Ocean Exploration?
Hypothesis-based testing of scientific questions
Exploration has no specific goal---it must be open-ended
Baldassare 12 Aaron Baldassare, Digital Marketing Strategist, Writer, People Advocate, Why Not To Have A
Clue What To Do With Your Life, Funimalist,

If you have no clue what you are going to do in a year, congratulations. You are on your way. Now, it is only a short
step to getting an inkling, a hunch to follow, and then you are on the explorers path like a hound on its scent. (See
the Wisdom of Desire).
If you are like me, it is better not to know, to live in relative uncertainty. Though it can be bewildering, sometimes
maddening, the uncertain orientationit struck me finallyhas not held me from where I want to go, but has
helped me get there.
I have always been slightly embarrassed by my lack of an answer to what do you want to be when you are grown
up? It doesnt help that, ostensibly, I already am grown up. Now, however, I increasinly see not knowing as an
asset.
In the adventure lifestyle, things to do not progress in a linear fashion, but in leaps and bounds which are fueled by
immersion in exploration. Breakthroughs always come in the doldrums. Exploration, by definition, does not know
where it is going. If it is already mapped out, it isnt exploration.
Exploration excludes marine science research. Must be applied research towards ocean resources.
NRC 3
(National Research Council internally referencing Dr. Montserrat Gorina-Ysern, American University, who is a
Professorial Lecturer-Adjunct Professor at School of International Service, American University and an expert on
the Law of the Sea Convention (LOSC). Exploration of the Seas:: Voyage into the Unknown By Committee on
Exploration of the Seas, Ocean Studies Board, Division on Earth and Life Studies, National Research Council p.
199)

"Exploration" has different meanings for different purposes (i.e., marine science research versus discovery of natural
resources). The definition problem is compounded because marine science research has not been defined in LOSC. IOC has defined marine
science research as referring to the scientific investigation of the ocean, its biota and its physical boundaries with the solid Earth and the
atmosphere. The results of marine science research, normally published in journals of international circulation, are said to benefit
humankind at large; whereas, exploration (also referred to as applied research) is concerned with ocean resources, and
the results of this type of research are considered to be the property of the persons, corporations, or governments initiating the research.
At-sea research is not exploration
OER 12
Office of Exploration and Research, OER, is a subsection of the NOAA, The National Oceanic and Atmospheric
Administration. This blue-ribbon panel and report was commissioned by Raymond J. Ban Chair, NOAA Science
Advisory Board. Ocean Explorations Second Decade December 2012.
http://explore.noaa.gov/sites/OER/Documents/about-oer/program-review/2012-12-12-FINAL-OE-Review-
Report.pdf.

The 2000 Panel recommended the U.S. government establish the Ocean Exploration Program for an initial period of 10 years, with new funding
at the level of $75 million per year, excluding capitalization costs. The 2000 Panels recommendations are listed to the right. The present Panel
affirms the brief definition of exploration of the 2000 Panel: Exploration is the systematic search and investigation for the initial
purpose of discovery and the more elaborated definition of the US Navy: Systematic examination for the purposes of discovery;
cataloging/documenting what one finds; boldly going where no one has gone before; providing an initial knowledge base for
hypothesis-based science and for exploitation. The Panel affirms that Ocean Exploration is distinct from comprehensive surveys (such
as those carried out by NAVOCEANO and NOAA Corps) and at-sea research (sponsored by National Science Foundation, Office of Naval
Research, and other agencies), including hypothesis-driven investigations aimed at the ocean bottom, artifacts, water column, and
marine life. The present Panel finds undiminished motivations for the U.S. National Program in ocean exploration. In fact,
spurred in part by the Ocean Exploration Program, a renaissance of ocean exploration has occurred during the past decade, both nationally and
globally. Most famously, in March 2012 Titanic film director James Camerons vertical torpedo visited the Mariana Trenchs
Challenger Deep, Earths deepest valley. The first human to visit the Challenger Deep since 1960, Cameron descended in 2 hours and 36
minutes and ascended in a remarkable 70 minutes. The project involved many partners, including the National Geographic Society, Rolex
Corporation, Alfred P. Sloan Foundation, and Camerons own enterprises. It attracted billions of web hits, more than any prior event. Among
other highly visible ventures in ocean exploration during the past decade were the cooperative international Census of Marine Life, the Russian
flag-laying at the North Pole seafloor, and the renewed visits to the RMS Titanic.
Exploration Includes Research
Exploration includes specific research
Mineart 2 Gary M. Mineart and Fred C. Klein, Mitretek Systems, A Data Management Strategy for the Ocean
Exploration Program, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.120.2580&rep=rep1&type=pdf

The Frontier Report defines ocean exploration as discovery through disciplined diverse observations and recording
of the findings [2]. The U.S. Navy, a partner in the Presidents Panel process, has refined its definition as the
systematic examination of the oceans for the purposes of discovery; cataloging and documenting what one finds;
boldly going where no one has gone before; and providing an initial knowledge base for hypothesis-based science
and for exploitation [3]. This definition recognizes that true ocean exploration is planned and executed to achieve
discoveries as an intentional process rather than relying on serendipitous discoveries that sporadically emerge from
typical oceanographic research programs. This definition also emphasizes the recording of results to facilitate the
sharing of each new baseline level of knowledge across a broad, multidisciplinary user community.
Exploration Not Specific
Exploration is observation of all facets of the ocean
Gudes 1 Scott B. Gudes, Acting Undersecretary for Oceans and Atmosphere of the Dept. of Commerce, Hearing
Volume No. 107-26, 7-12, http://beta.congress.gov/congressional-report/107th-congress/house-report/809/1

Ocean exploration is defined as the systematic observation of all facets of the ocean in the three dimensions of
space and the fourth dimension of time. Ocean exploration leads to unpredictable rewards; possibilities include cures
for diseases, discovery of untapped mineral, energy, and biological resources, insights into ocean system functions,
and beautiful geological and biological vistas.
Exploration Excludes Mining
Mining is not exploration
Abbott 3 Debbie Abbott, Consultant at Yukon College, Rocking in the Yukon, August,
http://emrlibrary.gov.yk.ca/ygs/ebooks/rocking_in_yukon_2003.pdf

EXPLORATION
Over the last ten years, an average of $22.3 million was spent annually on exploration in the Yukon.
Exploration is distinct from mining. The detective work of exploration involves as much intuition as science. The
process of discovering and evaluating mineral deposits requires constant decision making involving many
intangibles.
Resource extraction and sale is not exploration
Bingaman 9 United States Senator, S. 796, http://www.gpo.gov/fdsys/pkg/BILLS-111s796is/xml/BILLS-
111s796is.xml

(7) EXPLORATION.
(A) IN GENERAL.The term exploration means creating a surface disturbance (other than casual use) to
evaluate the type, extent, quantity, or quality of minerals present.
(B) INCLUSIONS.The term exploration includes mineral activities associated with sampling, drilling, or
developing surface or underground workings to evaluate locatable mineral values.
(C) EXCLUSIONS.The term exploration does not include the extraction of mineral material for commercial
use or sale.
Exploration Includes Retrospective Learning
Ocean exploration includes retrospective learning
NOAA 14 National Oceanic and Atmospheric Administration, Section 9 Exploring Potential Human Impacts,
http://oceanexplorer.noaa.gov/edu/curriculum/section9.pdf

This section focuses on those things over which humans have some control. NOAAs Ocean Exploration program
includes both searches for new ocean resources and examination of the impact of past uses. Expeditions to several
sites with deepwater corals looked at the results of trawl fishing. Work on the Hudson Canyon explored possible
consequences of years of ocean sewage sludge dumping on the shelf. Trips to the Gulf of Mexico and in the South
Atlantic Bight included exploring areas of methane hydrate deposits. The term exploration implies looking forward
to new discoveries, but Ocean Exploration also seeks information on ecological changesboth human induced and
naturalto explain the past on many expeditions.
Exploration Includes Prospecting
Prospecting is exploration
Churchill 88 Robin Rolf Churchill, Professor of International Law at the University of Dundee, The Law of the
Sea, p. 188

The system of exploitation
Attention can now be turned from the institutions to the substantive provisions which are the most complicated part
of the sea-bed regime. They are based on the 'parallel system', under which the Area will be exploited both by the
Enterprise and by commercial operators.
Prospecting is the first stage of exploitation under this system. Although the term is not defined, it seems to connote
general searches for sea-bed resources, rather than the detailed pre-production surveying, which appears to be
covered by the term 'exploration. Prospecting is essentially free, requiring only notification to the Authority of the
broad areas where it is being carried out and a written undertaking to observe the Convention rules on environmental
protection and co-operation in programmes for training personnel from developing States. No exclusive rights arise
from such notification. It is probable that all. or most, of the prospecting necessary for mining in the foreseeable
future will have been completed before the Convention enters into force (LOSC, Annex III, art. 2).
Theyre synonymous
Mukherjee 11 Swapna Mukherjee, Mineralogy in Exploration of Mineral Deposits Using Magnetic, Electrical
and Gravitational Properties, Applied Mineralogy, http://link.springer.com/chapter/10.1007%2F978-94-007-1162-
4_15

Exploration geology is the process and science of locating valuable mineral or petroleum deposits, i.e., those which
have commercial value. The term prospecting is almost synonymous with the term exploration. The exploitation
of the vast mineral reserves to meet the growing requirements for a variety of applications has been a major
economic activity, contributing significantly to a countrys industrial development and export trade. If bedrock is
exposed anywhere at or around a prospect, then surface bedrock mapping is an essential beginning step for an
exploration programme. This would include mapping and sampling (field geologic methods). This work focusses on
identifying and mapping outcrops, describing mineralization and alteration, measuring structural features
(geometry), and making geologic cross sections. Geochemical methods involve the collection and geochemical
analysis of geological materials, including rocks, soils and stream sediments. The results mapping and sampling may
suggest patterns indicating the direction where an ore deposit could be present underground or at the surface.
Geophysical methods focus on measuring physical characteristics (such as magnetism, density or conductivity) of
rocks at or near the earths surface. The measured values are then used to compare with the values and models of
known ore deposits. A closer look on all these methods will be given in this chapter.
Exploration Context Key
Context is key when defining exploration
NRC 3
(National Research Council internally referencing Dr. Montserrat Gorina-Ysern, American University, who is a
Professorial Lecturer-Adjunct Professor at School of International Service, American University and an expert on
the Law of the Sea Convention (LOSC). Exploration of the Seas:: Voyage into the Unknown By Committee on
Exploration of the Seas, Ocean Studies Board, Division on Earth and Life Studies, National Research Council p.
199)

"Exploration" has different meanings for different purposes (i.e., marine science research versus discovery of natural
resources). The definition problem is compounded because marine science research has not been defined in LOSC. IOC has defined marine
science research as referring to the scientific investigation of the ocean, its biota and its physical boundaries with the solid Earth and the
atmosphere. The results of marine science research, normally published in journals of international circulation, are said to benefit humankind at
large; whereas, exploration (also referred to as applied research) is concerned with ocean resources, and the results of this type of research are
considered to be the property of the persons, corporations, or governments initiating the research.

*** DEVELOPMENT
Development General Definitions
Development is focused on ocean resources, marine science and technology, and targeted human resources
Pujari 12 Saritha Pujari, BS Poona College of Arts Science & Commerce, The Objectives and Observation of
Ocean Development around the World, http://www.yourarticlelibrary.com/ocean/the-objectives-and-observation-
of-ocean-development-around-the-world/11207/

Objectives of Ocean Development:
Indiaa peninsula with an extensive coastline and groups of islands has much to gain from oceanographic
research. The new Ocean Regime established by United Nations Convention on the Law of the Sea (UNCLOS),
1982, which has been signed by 159 countries including India, assigns much of the world ocean to Exclusive
Economic Zones (EEZ) where coastal states have jurisdiction over exploration and exploi-tation of resources and for
other economic purposes.
The UNCLOS made declarations regarding (1) the sovereign rights of extraction in the 320 km. EEZ by coastal
states; (2) resources of the deep sea to be governed by International Sea Bed Authority and extraction to be based on
the principle of equitable sharing and common heritage of mankind. (Many developed countries disagreed about the
principle of equitable sharing.)
Indias coastline is more than 7,000 km long, and its territory includes 1,250 islands, its EEZ covers an area of 2.02
million sq. km., and the continental shelf extends up to 350 nautical miles from the coast.
Recognising the importance of oceans in the economic development and progress of the nation, the government set
up a Department of Ocean Development (DOD) in July 1981, for planning and coordinating oceanographic survey,
research and development, management of ocean resources, development of manpower and marine technology. The
department is entrusted with the responsibility for protection of marine environment on the high seas. (Later it
became a ministry, then in 2006 it was restructured as MoES.)
The broad objectives of ocean development have been laid down by Parliament in the Ocean Policy Statement of
November 1982. The domain of our concern for development of oceanic resources and its environment extends from
the coastal lands and islands lapped by brackish water to the wide Indian Ocean.
The ocean regime is to be developed in order to: (i) explore and assess living and non-living resources; (ii) harness
and manage its resources (materials, energy and biomass) and create additional resources such as mariculture; (iii)
cope with and protect its environment (weather, waves and coastal front); (iv) develop human resources (knowledge,
skill and expertise), and (v) play our rightful role in marine science and technology in the international arena.

Development Resources 1NC
Ocean development is utilization as a resource
Owen 3 Daniel Owen, Consultant to the UN Food and Agriculture Organization, Legal And Institutional Aspects
Of Management Arrangements For Shared Stocks With Reference To Small Pelagics In Northwest Africa, FAO
Fisheries Circular No. 988, http://www.fao.org/docrep/006/y4698b/y4698b04.htm

1.2 The legal regime for management of shared stocks
For a stock shared between two or more neighbouring coastal States and not ranging onto the high seas, the regime
of Art 63(1) LOSC is appropriate. It states that:
Where the same stock or stocks of associated species occur within the exclusive economic zones of two or more
coastal States, these States shall seek, either directly or through appropriate subregional or regional organizations, to
agree upon the measures necessary to coordinate and ensure the conservation and development of such stocks
without prejudice to the other provisions of this Part.
Regarding the term development, Nandan, Rosenne and Grandy[4] state that:
The reference to development... relates to the development of those stocks as fishery resources. This includes
increased exploitation of little-used stocks, as well as improvements in the management of heavily-fished stocks for
more effective exploitation. Combined with the requirement in article 61 of not endangering a given stock by
overexploitation, this envisages a long-term strategy of maintaining the stock as a viable resource.
Violation---the plan doesnt develop ocean resources
Voting issue---
Ground---resource-focus provides a stable and predictable direction for the topic and creates a balanced set
of arguments for each side---depth of literature on oil, gas, and renewables is strong and creates high-quality
debates
Limits---other interpretations make all ocean activity topical---explodes research burdens and makes
preparation impossible
Development Resources 2NC
Ocean development is focused on resources
Kreiger 74 David Kreiger, Center for the Study of Democratic Institutions, A Caribbean Community for Ocean
Development, International Studies Quarterly, 18(1), March, p. 75

This article discusses applications of the Latin American Seabed Draft Treaty to the creation of a Caribbean
Community for Ocean Development (United Nations, 1971a).1 An ocean development community is a regional
organization with the prime function of developing ocean resources for the common benefit of the littoral states.
The concept of regional organization around ocean space is relatively new. Generally regional organization has been
bounded by land masses, but there is no reason that we need restrain our vision to territorial limits. In fact,
technological advances in ocean exploitation are creating an imperative to at least control the negative side effects of
ocean development, if not to channel the positive effects into regional development programs.
Development is activity to utilize ocean resources and space
UNESCO 86 United Nations Educational, Scientific and Cultural Organization, IOC-Unesco Regional Training
Workshop on Ocean Engineering and Its Interface with Ocean Sciences in the Indian Ocean Region, 4-5,
http://www.jodc.go.jp/info/ioc_doc/Training/085239eo.pdf

The term "ocean development" has often been used to denote all activities, including ocean sciences, ocean
engineering and related marine technology, directed to resource exploration and exploitation and the use of ocean
space. The underlying guiding principle in all these activities has been that these be conducted in a manner that
insure the preservation of the marine environment without detriment to its quality and the resources with which it
abounds. From the statements given by the participants, it became apparent that in some countries, such as China,
Indonesia, India, Malaysia, Philippines and Thailand, ocean development programmes and activities, over the years,
have evolved from fisheries oriented needs towards mineral resources exploitation. In some of these countries
exploitation of these resources has brought about new adjustments to their priority needs which have progressively
involved the strengthening of their marine scientific and technological capability demanded by these new situations.
Development is extraction of resources
Hibbard et al 10 K. A. Hibbard, R. Costanza, C. Crumley, S. van der Leeuw, and S. Aulenbach, J. Dearing, J.
Morais, W. Steffen, Y. Yasuda --- International Geosphere-Biosphere Programme. 2010 Developing an
Integrated History and Future of People on Earth (IHOPE): Research Plan IGBP Report No. 59.
http://www.igbp.net/download/18.1b8ae20512db692f2a680006394/report_59-IHOPE.pdf

A common characteristic of human-in-environment development is extraction and consumption of natural resources.
A typical response to the exhaustion of these resources has been to move to new regions where continued extraction
and consumption is possible. These migrations have led to colonisation of new areas, conflict and displacement of
indigenous populations, introduction of new species, and so on. Only quite recently in human history has the ability
to occupy new lands become limited by geopolitical constraints. New frontiers are now associated with technological
advances that are used to overcome local constraints of resource availability.
Ocean development is utilization of ocean resources, spaces, and energy
JIN 98 Japan Institute of Navigation, Ocean Engineering Research Committee, http://members.j-
navigation.org/e-committee/Ocean.htm

2. Aim of Ocean Engineering Committee
Discussions of "Ocean Engineering" are inseparable from "Ocean Development." What is ocean development?
Professor Kiyomitsu Fujii of the University of Tokyo defines ocean development in his book as using oceans for
mankind, while preserving the beauty of nature. In the light of its significance and meaning, the term "Ocean
Development" is not necessarily a new term. Ocean development is broadly classified into three aspects: (1)
Utilization of ocean resources, (2) Utilization of ocean spaces, and (3) Utilization of ocean energy. Among these,
development of marine resources has long been established as fishery science and technology, and shipping, naval
architecture and port/harbour construction are covered by the category of using ocean spaces, which have grown into
industries in Japan. When the Committee initiated its activities, however, the real concept that caught attention was a
new type of ocean development, which was outside the coverage that conventional terms had implied.

Development Commercial Production
Development is preparation for commercial production
Energy Dictionary 7 11-3, http://www.photius.com/energy/glossaryd.html#develop

Development: The preparation of a specific mineral deposit for commercial production; this preparation includes
construction of access to the deposit and of facilities to extract the minerals. The development process is sometimes
further distinguished between a preproduction stage and a current stage, with the distinction being made on the basis
of whether the development work is performed before or after production from the mineral deposit has commenced
on a commercial scale.
Development is construction for commercial purposes
Baird 10 Susan Baird, Assistant Coordinator of the Natural Resources Board of Vermont, Proposed Construction
of Office Building/Distribution Center, Lehouillier Farm Tract Town of Johnson, 1-8,
http://www.nrb.state.vt.us/lup/jo/2010/5-09.pdf

CONCLUSIONS
10 V.S.A. 6001(3)(A)(ji) defines development as the construction of improvements for commercial purposes on
more than one acre of land within a municipality that has not adopted permanent zoning and subdivision bylaws.
"Construction of improvements" is defined as "any physical action on a project site which initiates development."
Act 250 Rule 2(C)(3).
Development is commercial use
Dorman 2 Thomas M. Dorman, Executive Director of the Public Service Commission, The Tariff Filing of
Henry County Water District No. 2 to Add Tariff Language for an Offsetting Improvement Charge, 1-28,
psc.ky.gov/order_vault/Orders_2002/200100393_012802.doc

10. The proposed offsetting improvement charge rate schedule defines development as any proposed commercial
or industrial use of land. Explain why the proposed charge will apply to owners of land tracts used for commercial
or industrial purposes regardless of whether Henry District previously served the land tract while it will apply to the
owners of other tracts of land only if the tract was previously unserved.
Development is for the purpose of production
Wang 99 Dr. H.H. Wang, Director of the Research Sciences Group at Quality Strategies, Inc., China's Oil
Industry and Market, p. 369-370

Article 29. For the purpose of these Regulations, the following terms shall have the meaning assigned to them
below:
The term "petroleum" shall mean underground crude oil and natural gas that is being or has been extracted;
The term "onshore petroleum resources" shall mean underground petroleum resources anywhere within the onshore
area (including sea beaches, islands and marine areas extending from the onshore area up to a water depth of 5
meters);
The term "exploitation" shall mean the exploration for and development, production and sale of petroleum as well as
activities in connection therewith;
The term "petroleum operations" shall mean exploration, development and production operations carried out in
order to implement a contract, as well as activities in connection therewith;
The term "exploration operations" shall mean all work carried out to find oil-bearing traps by various means such as
geological, geophysical and geochemical means, including the drilling of exploration wells, as well as all work
carried out to determine whether a discovered petroleum trap has commercial value, such as the drilling of appraisal
wells, feasibility studies and preparation of overall development programs for the oil/gasfield;
The term "development operations" shall mean all designing, manufacturing, installation and drilling projects, and
the corresponding research, carried out as from the date of approval of the overall development program for the
oil/gasfield for the purpose of realizing petroleum production, including production activities carried out prior to the
commencement of commercial production;
The term "production operations" carried shall means all operations out for the purpose of petroleum production as
from the date of commencement of the commercial production of an oil/gasfield, as well as all activities in
connection therewith.
Development Excludes Production 1NC
Production is not exploration or development
Wang 99 Dr. H.H. Wang, Director of the Research Sciences Group at Quality Strategies, Inc., China's Oil
Industry and Market, p. 369-370

Article 29. For the purpose of these Regulations, the following terms shall have the meaning assigned to them
below:
The term "petroleum" shall mean underground crude oil and natural gas that is being or has been extracted;
The term "onshore petroleum resources" shall mean underground petroleum resources anywhere within the onshore
area (including sea beaches, islands and marine areas extending from the onshore area up to a water depth of 5
meters);
The term "exploitation" shall mean the exploration for and development, production and sale of petroleum as well as
activities in connection therewith;
The term "petroleum operations" shall mean exploration, development and production operations carried out in
order to implement a contract, as well as activities in connection therewith;
The term "exploration operations" shall mean all work carried out to find oil-bearing traps by various means such as
geological, geophysical and geochemical means, including the drilling of exploration wells, as well as all work
carried out to determine whether a discovered petroleum trap has commercial value, such as the drilling of appraisal
wells, feasibility studies and preparation of overall development programs for the oil/gasfield;
The term "development operations" shall mean all designing, manufacturing, installation and drilling projects, and
the corresponding research, carried out as from the date of approval of the overall development program for the
oil/gasfield for the purpose of realizing petroleum production, including production activities carried out prior to the
commencement of commercial production;
The term "production operations" carried shall means all operations out for the purpose of petroleum production as
from the date of commencement of the commercial production of an oil/gasfield, as well as all activities in
connection therewith.
Voting issue---
Energy Affs are huge and essentially their own topic---generics are completely different and there are tons
like oil, gas, OTEC, multiple types of wind, etc---production blows the lid off the topic and makes research
burdens unmanagable
Development Excludes Production 2NC
This is the U.S. legal definition
CFR 14 Code of Federal Regulations, 43 USC 1331: Definitions, 5-25,
http://uscode.house.gov/view.xhtml?req=(title:43%20section:1331%20edition:prelim)

1331. Definitions
When used in this subchapter-
(a) The term outer Continental Shelf means all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301
of this title, and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control;
(b) The term Secretary means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of
Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), the term Secretary
means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be;
(c) The term lease means any form of authorization which is issued under section 1337 of this title or maintained under section 1335 of this title and which
authorizes exploration for, and development and production of, minerals;
(d) The term person includes, in addition to a natural person, an association, a State, a political subdivision of a State, or a private, public, or municipal corporation;
(e) The term coastal zone means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and
thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal States, and includes islands, transition and intertidal areas, salt
marshes, wetlands, and beaches, which zone extends seaward to the outer limit of the United States territorial sea and extends inland from the shorelines to the extent
necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and the inward boundaries of which may be identified by
the several coastal States, pursuant to the authority of section 1454(b)(1) 1 of title 16;
(f) The term affected State means, with respect to any program, plan, lease sale, or other activity, proposed, conducted, or approved pursuant to the provisions of
this subchapter, any State-
(1) the laws of which are declared, pursuant to section 1333(a)(2) of this title, to be the law of the United States for the portion of the outer Continental Shelf on which
such activity is, or is proposed to be, conducted;
(2) which is, or is proposed to be, directly connected by transportation facilities to any artificial island or structure referred to in section 1333(a)(1) of this title;
(3) which is receiving, or in accordnace 2 with the proposed activity will receive, oil for processing, refining, or transshipment which was extracted from the outer
Continental Shelf and transported directly to such State by means of vessels or by a combination of means including vessels;
(4) which is designated by the Secretary as a State in which there is a substantial probability of significant impact on or damage to the coastal, marine, or human
environment, or a State in which there will be significant changes in the social, governmental, or economic infrastructure, resulting from the exploration, development,
and production of oil and gas anywhere on the outer Continental Shelf; or
(5) in which the Secretary finds that because of such activity there is, or will be, a significant risk of serious damage, due to factors such as prevailing winds and
currents, to the marine or coastal environment in the event of any oilspill, blowout, or release of oil or gas from vessels, pipelines, or other transshipment facilities;
(g) The term marine environment means the physical, atmospheric, and biological components, conditions, and factors which interactively determine the
productivity, state, condition, and quality of the marine ecosystem, including the waters of the high seas, the contiguous zone, transitional and intertidal areas, salt
marshes, and wetlands within the coastal zone and on the outer Continental Shelf;
(h) The term coastal environment means the physical atmospheric, and biological components, conditions, and factors which interactively determine the
productivity, state, condition, and quality of the terrestrial ecosystem from the shoreline inward to the boundaries of the coastal zone;
(i) The term human environment means the physical, social, and economic components, conditions, and factors which interactively determine the state, condition,
and quality of living conditions, employment, and health of those affected, directly or indirectly, by activities occurring on the outer Continental Shelf;
(j) The term Governor means the Governor of a State, or the person or entity designated by, or pursuant to, State law to exercise the powers granted to such
Governor pursuant to this subchapter;
(k) The term exploration means the process of searching for minerals, including (1) geophysical surveys where
magnetic, gravity, seismic, or other systems are used to detect or imply the presence of such minerals, and (2) any
drilling, whether on or off known geological structures, including the drilling of a well in which a discovery of oil or
natural gas in paying quantities is made and the drilling of any additional delineation well after such discovery
which is needed to delineate any reservoir and to enable the lessee to determine whether to proceed with
development and production;
(l) The term development means those activities which take place following discovery of minerals in paying
quantities, including geophysical activity, drilling, platform construction, and operation of all onshore support
facilities, and which are for the purpose of ultimately producing the minerals discovered;
(m) The term production means those activities which take place after the successful completion of any means for
the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation
monitoring, maintenance, and work-over drilling;
Development occurs before production
Schlumberger 14 Schlumbergers Oilfield Glossary, development
http://www.glossary.oilfield.slb.com/en/Terms.aspx?LookIn=term%20name&filter=development

development
1. n. [Geology]
The phase of petroleum operations that occurs after exploration has proven successful, and before full-scale
production. The newly discovered oil or gas field is assessed during an appraisal phase, a plan to fully and
efficiently exploit it is created, and additional wells are usually drilled.

Development Includes Coastal Activity
Ocean development includes coastal activities
Abel 2 R.B. Abel, Research Scientist in the Davidson Laboratory at Stevens Institute of Technology, Coastal
Ocean Space Utilization 3, p. 204

The enactment of" 'The Marine Development Basic Act (MDBA: Law No. 3983, Dec. 4. 19X7)' was thus a
welcomed response to the urgent need for a more visionary approach to planning for nationwide coastal /one
management, and even further, to coordinating interministerial conflicts rationally through the deliberation of the
Marine Development Committee chaired by the Prime Minister. Article II of the MDBA stresses that the
government shall, for harmonious ocean development, adopt necessary measures and arrangements for rational
coordination between marine environment preservation and marine development. The definition of ocean
development in this context includes coastal zone activities.
Development Includes Renewable Energy
Development includes renewable energy
Parish 13 Devon Parish, Conservation Law Foundation, Protecting Ocean Resources and Promoting Sustainable
Development, March, http://www.clf.org/wp-content/uploads/2013/03/MA_Ocean_073012.pdf

A requirement of the Massachusetts Oceans Act of 2008, the Massachusetts Ocean Plan (Ocean Plan) was created to
ensure the protection of the states Special, Sensitive or Unique (SSU) ocean areas while also encouraging
responsible ocean development, including renewable energy, in state ocean waters. The creation of the plan
proceeded in three phases: information and data gathering; draft plan development; and formal public review of the
draft plan and the finalization of the plan. An extensive public participation program was conducted during each
phase of the planning process with public listening sessions and workshops held across the state, more than 300
public comments filed regarding the draft plan, formal public hearings held after the release of the draft plan, and
hundreds of meetings with diverse stakeholders, including marine pilots, fishermen, energy developers, non-
governmental organizations, and academia.
*** VIOLATION SUBSETS
Subsets 1NC
Interpretation---Affs must increase exploration or development throughout the oceans---targeting a specific
area isnt topical:
Substantial increase must occur across the board
Anderson 5 Brian Anderson, Becky Collins, Barbara Van Haren & Nissan Bar-Lev, Wisconsin Council of
Administrators of Special Services (WCASS) Committee Members. 2005 WCASS Research / Special Projects
Committee* Report on: A Conceptual Framework for Developing a 504 School District Policy
http://www.specialed.us/issues-504policy/504.htm#committee

The issue Does it substantially limit the major life activity? was clarified by the US Supreme Court decision on
January 8th, 2002 , Toyota v. Williams. In this labor related case, the Supreme Court noted that to meet the
substantially limit definition, the disability must occur across the board in multiple environments, not only in one
environment or one setting. The implications for school related 504 eligibility decisions are clear: The disability in
question must be manifested in all facets of the students life, not only in school.
OceanS is plural---activity must happen in more than one
Websters 14 Merriam-Webster Learner's Dictionary2014
http://www.learnersdictionary.com/definition/ocean

ocean Listen to audio/on/ noun
plural oceans
1 [noncount] : the salt water that covers much of the Earth's surface
We've sailed across hundreds of miles of ocean. often used with the They lived near the ocean. [=the sea] He
had never seen the ocean before. There's a storm moving in from the ocean. The ship quickly sank to the bottom
of the ocean. the deepest parts of the ocean often used before another noun the ocean floor/bottom/surface
the salty ocean air ocean fish an ocean voyage/liner see color picture
2 or Ocean [count] : one of the five large areas of salt water that cover much of the Earth's surface
the Atlantic Ocean the Pacific and Indian oceans the Arctic/Antarctic Ocean
3 [count] informal : a very large number or amount of something
an ocean of sadness often plural oceans of time [=lots of time]
Voting issue---
Limits and ground---they explode the topic, making any tiny region its own Aff---forcing broad changes
makes the topic about core ocean policy, not the Bering Strait, South China Sea, etc.---regional focus gives the
Aff unique advantages and angles against generics, crushing ground

Subsets 2NC Definitions
Substantially is without material qualification
Blacks Law 91 (Dictionary, p. 1024)

Substantially - means essentially; without material qualification.
Of means whole
CJS 78 (Corpus Juris Secundum, 67, p. 200)

Of: The word "of" is a preposition. It is a word of different meanings, and susceptible of numerous different
connotations. It may be used in its possessive sense to denote possession or ownership. It may also be used as a
word of identification and relation, rather than as a word of proprietorship or possession. "Of" may denote source,
origin, existence, descent, or location, or it may denote that from which something issues, proceeds, or is derived.
The term may indicate the aggregate or whole of which the limited word or words denote a part, or of which a part
is referred to, thought of, affected, etc.
The refers to the whole Earth
Websters 5 (Merriam Websters Online Dictionary, http://www.m-w.com/cgi-bin/dictionary)

4 -- used as a function word before a noun or a substantivized adjective to indicate reference to a group as a whole <the elite>

Limits 2NC
Their interpretation is massive---oceans are almost limitless
Swaminathan 3 Dr K V Swaminathan, Waterfalls Institute of Technology Transfer (WITT) February 2003
Ocean Vistas http://www.witts.org/Ocean_wealth/oceanwealth_01_feb03/wista_oceanwealth_feture.htm

The oceans cover nearly two-thirds of the world's surface area and have profoundly influenced the course of human
development. Indeed the great markers in mans progress around the world are in a large measure the stages in his
efforts to master the oceans. Nations and people who are conscious of the almost limitless potential of the oceans.
Those who have sought to comprehend its deep mysteries, processes and rhythms and have made efforts to explore
and utilize its resources, stand in the van of progress, while those who have been indifferent to the critical role that
oceans play in human life and its development, have remained mired in stagnation and backwardness.
Ground 2NC
Ground differs based on region
NASA 8 DESCRIBING AND MEASURING THE OCEANS,
http://er.jsc.nasa.gov/seh/Ocean_Planet/activities/ts3meac1.pdf

Explanation
Oceans are different all around the world. Scientists use a variety of physical measurements to describe how one
ocean differs from another (or even how areas within an ocean are different). Some of the parameters that are used
to describe the ocean include: temperature, depth, salinity, pH, clarity, dissolved oxygen, and currents. By
measuring these different physical factors (abiotic factors), we can begin to compare different areas in the ocean and
quantify changes. Different animals are adapted to survive within a specific range of physical factors. Some fish, for
example, are adapted to live within a temperature range of 23 - 27C. Measuring and describing the abiotic
environment help us to understand the biotic (living) communities.

*** SUBSTANTIALLY
Substantially 1NC
Substantial increase must be at least 50%
UNEP 2 (United Nations Environmental Program, 10-2, www.unep.org/geo/geo3/english/584.htm)

Change in selected pressures on natural ecosystems 2002-32. For the ecosystem quality component, see the explanation of the Natural Capital
Index. Values for the cumulative pressures were derived as described under Natural Capital Index. The maps show the relative increase or
decrease in pressure between 2002 and 2032. 'No change' means less than 10 per cent change in pressure over the scenario period; small
increase or decrease means between 10 and 50 per cent change; substantial increase or decrease means 50 to 100
per cent change; strong increase means more than doubling of pressure. Areas which switch between natural and domesticated land uses are
recorded separately.
Voting issue ---
1. Impossible Affs --- a restrictive interpretation of substantial is the only check on topic explosion. The
double whammy a huge topic with tiny cases that avoid core arguments makes it impossible for the Neg to
compete.
2. Hold the line --- substantially is hard to judge, but subjectivity is inevitable and its better to make a
determination about what the word means than to allow an endless proliferation of Affs.
Substantially A2: Arbitrary
Substantially isnt precise --- but still must be given meaning. The most objective way to define it
contextually.
Devinsky 2 (Paul, Is Claim "Substantially" Definite? Ask Person of Skill in the Art, IP Update, 5(11), November,
http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/c2c73bdb-9b1a-42bf-a2b7-
075812dc0e2d.cfm)

In reversing a summary judgment of invalidity, the U.S. Court of Appeals for the Federal Circuit found that the district court,
by failing to look beyond the intrinsic claim construction evidence to consider what a person of skill in the art would understand in a
"technologic context," erroneously concluded the term "substantially" made a claim fatally indefinite. Verve, LLC v.
Crane Cams, Inc., Case No. 01-1417 (Fed. Cir. November 14, 2002). The patent in suit related to an improved push rod for an internal
combustion engine. The patent claims a hollow push rod whose overall diameter is larger at the middle than at the ends and has
"substantially constant wall thickness" throughout the rod and rounded seats at the tips. The district court found that the expression
"substantially constant wall thickness" was not supported in the specification and prosecution history by a sufficiently clear definition of
"substantially" and was, therefore, indefinite. The district court recognized that the use of the term "substantially" may be definite in
some cases but ruled that in this case it was indefinite because it was not further defined. The Federal Circuit reversed, concluding that
the district court erred in requiring that the meaning of the term "substantially" in a particular "technologic context" be found solely in
intrinsic evidence: "While reference to intrinsic evidence is primary in interpreting claims, the criterion is the meaning of words as they
would be understood by persons in the field of the invention." Thus, the Federal Circuit instructed that "resolution of any
ambiguity arising from the claims and specification may be aided by extrinsic evidence of usage and meaning of a term in the
context of the invention." The Federal Circuit remanded the case to the district court with instruction that "[t]he question is not
whether the word 'substantially' has a fixed meaning as applied to 'constant wall thickness,' but how the phrase would be
understood by persons experienced in this field of mechanics, upon reading the patent documents."
Substantially needs to be given a quantitative meaning --- any other interpretation is more arbitrary
Websters 3 (Merriam Websters Dictionary, www.m-w.com)

Main Entry: sub.stan.tial
b : considerable in quantity : significantly great <earned a substantial wage>
Make the best determination available. Substantially must be given meaning
Words and Phrases 60 (Vol. 40, State Subway, p. 762)

Substantial is a relative word, which, while it must be used with care and discrimination, must nevertheless be
given effect , and in a claim of patent allowed considerable latitude of meaning where it is applied to such subject as thickness, as by requiring
two parts of a device to be substantially the same thickness, and cannot be held to require them to be of exactly the same thickness. Todd. V.
Sears Roebuck & Co., D.C.N.C., 199 F.Supp. 38, 41.
Using context removes the arbitrariness of assigning a fixed percentage to substantial
Viscasillas 4 professor at the Universidad Carlos III de Madrid, (Pilar, Contracts for the Sale of Goods to Be
Manufactured or Produced and Mixed Contracts (Article 3 CISG), CISG Advisory Council Opinion No. 4, 10-
24, http://cisgac.com/default.php?ipkCat=128&ifkCat=146&sid=146)

2.8. Legal writers who follow the economic value criterion have generally quantified the term "substantial part" by comparing Article 3(1) CISG
(substantial) with Article 3(2) CISG (preponderant): substantial being less than preponderant. In this way, legal writers have used the
following percentages to quantify substantial: 15%,[14] between 40% and 50%,[15] or more generally 50%.[16] At the
same time, other authors, although they have not fixed any numbers in regard to the quantification of the term "substantial" have declared that
"preponderant" means "considerably more than 50% of the price" or "clearly in excess of 50%".[17] Thus it seems that for the latter authors, the
quantification of the term "substantial" is placed above the 50% figure. Also, some Courts have followed this approach.[18]
2.9. To consider a fixed percentage might be arbitrary due to the fact that the particularities of each case ought to be
taken into account; that the scholars are in disagreement; and that the origin of those figures is not clear.[19]
Therefore, it does not seem to be advisable to quantify the word "substantial" a priori in percentages. A case-by-
case analysis is preferable and thus it should be determined on the basis of an overall assessment.

Contextual definitions of substantial solve arbitrariness
Tarlow 00 Nationally prominent criminal defense lawyer practicing in Los Angeles, CA. He is a frequent author
and lecturer on criminal law. He was formerly a prosecutor in the United States Attorney's Office and is a member
of The Champion Advisory Board (Barry, The Champion January/February, lexis)

In Victor, the trial court instructed that: "A reasonable doubt is an actual and substantial doubt . . . as distinguished from a doubt arising
from mere [*64] possibility, from bare imagination, or from fanciful conjecture." Victor argued on appeal after receiving the death penalty that
equating a reasonable doubt with a "substantial doubt" overstated the degree of doubt necessary for acquittal. Although the court agreed
that the instruction was problematic given that "substantial," could be defined as "that specified to a large degree," it
also ruled that any ambiguity was removed by reading the phrase in the context of the sentence in which it appeared.
Finding such an explicit distinction between a substantial doubt and a fanciful conjecture was not present in the Cage instruction, it held that the
context makes clear that "substantial" was used in the sense of existence rather than in magnitude of the doubt and, therefore, it was not
unconstitutional as applied. Id. at 1250.

Even if a substantial increase isnt precise --- you should still exclude their Aff for being tiny. Even judges
can make a gut check.
Hartmann 7 Judge, Hong Kong (IN THE HIGH COURT OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION COURT OF FIRST INSTANCE, 8/20,
http://legalref.judiciary.gov.hk/lrs/common/ju/ju_frame.jsp?DIS=58463&currpage=T

The word substantial is not a technical term nor is it a word that lends itself to a precise measurement. In an earlier
judgment on this issue, that of S. v. S. [2006] 3 HKLRD 251, I said that it is not a word
that lends itself to precise definition or from which precise deductions can be drawn. To say, for example, that there has been a
substantial increase in expenditure does not of itself allow for a calculation in numerative terms of the exact increase. It
is a statement to the effect that it is certainly more than a little but less than great. It defines, however, a significant
increase, one that is weighty or sizeable.
Substantially 2%
Substantial must be at least 2%
Words & Phrases 60

'Substantial" means "of real worth and importance; of considerable value; valuable." Bequest to charitable institution, making
1/48 of expenditures in state, held exempt from taxation; such expenditures constituting "substantial" part of its activities. Tax
Commission of Ohio v. American Humane Education Soc., 181 N.E. 557, 42 Ohio App. 4.
Substantially 10%
Less than 10% is insubstantial
Mickels 8 (Alissa, JD Candidate Hastings College of Law, Summary of Existing US Law Affecting Fourth
Sector Organizations, 7-17, http://www.fourthsector.net/attachments/7/original/Summary_of_US_Law_Affecting_
FS.pdf?1229493187)

Substantial v. insubstantial: Modern courts consider competition with commercial firms as strong evidence of a substantial nonexempt
purpose. Living Faith, Inc. v. Commr, 60 T.C.M. 710, 713 (1990). Although the tax court has held that the definition of insubstantial is
fact specific, it has found that less than ten percent of a charitys total efforts is insubstantial, World Family Corp. v.
Commr, 78 T.C. 921 (1982), where as unrelated business activity generating one-third of an organizations revenue does not qualify for tax-
exempt status. Orange County Agric. Socy, Inc. v. Commr, 55 T.C.M. 1602, 1604 (1988), affd 893 F.2d 647 (2d Cir. 1990). However, this may
be changing after an increasing emphasis on commensurate test.
Substantially 33%
Substantially means 33 percent
Maples 7 (Larry, Pitfalls in Preserving Net Operating Losses, The CPA Journal, 3-1, Lexis)

If a new loss corporation has substantial nonbusiness assets, the value of the old loss corporation must be reduced by the amount of the
nonbusiness assets less liabilities attributable to those assets. "Substantial" is defined as one-third of total assets. This is a difficult
provision to interpret. IRC section 382(1)(4) provides that a value reduction in the old loss corporation is required if, just after an ownership
change, the new loss corporation has substantial nonbusiness assets. This language seems odd because the purpose of IRC section 382 is to
prevent loss trafficking, so it would seem that the asset test ought to apply to the old loss corporation.
Substantially 40%
Substantially means 40% --- strict quantification avoids vagueness
Schwartz 4 (Arthur, Lawyer Schwartz + Goldberg, 2002 U.S. Briefs 1609, Lexis)

In the opinion below, the Tenth Circuit suggested that a percentage figure would be a way to avoid vagueness issues.
(Pet. App., at 13-14) Indeed, one of the Amici supporting the City in this case, the American Planning Association, produced a
publication that actually makes a recommendation of a percentage figure that should be adopted by municipalities in
establishing zoning [*37] regulations for adult businesses. n8 The APA's well researched report recommended that the terms
"substantial" and "significant" be quantified at 40 percent for floor space or inventory of a business in the definition of adult
business. n9 (Resp. Br. App., at 15-16)
Substantially 50%
Less than 50% is insubstantial
Brown 94 (Mark R., Professor of Law Stetson University College of Law, The Demise of Constitutional
Prospectivity: New Life for Owen?, Iowa Law Review, January, 79 Iowa L. Rev. 273, Lexis)

n241 I am assuming here that "foreseeable" means "probable," as in "more probable than not." This appears to be a safe assumption given the
proliferance of cases granting immunity to officials who offend the Constitution. If this definition is correct, deterrence only works and liability
should only attach if one's conduct, viewed ex ante, is more likely illegal than legal: the risk of illegality must be more than fifty percent. In other
words, one cannot face deterrence, and liability will not attach, if the risk of illegality is less than fifty percent. (When viewed in this
fashion, one might perceive a risk of illegality but still not be deterrable because the risk is not substantial, i.e., not greater than
fifty percent .). Lawful conduct, of course, need not be probably lawful. That is what risk is about. Situations might arise where the objective
risk is that conduct is unlawful, but ex post it is lawful. Lest judicial reasoning be completely askew, a fairly strong correlation exists, however,
between action that is ex ante probably lawful and that which is lawful ex post in the courts. If this is not true, then courts are reaching objectively
improbable conclusions, and the whole idea of reliance is illusory.
Legal experts agree
Davignon v. Clemmey 1 (Davignon v. Clemmey, 176 F. Supp. 2d 77, Lexis)

The court begins the lodestar calculation by looking at the contemporaneous billing records for each person who worked on the plaintiff's case.
The absence of detailed contemporaneous time records, except in extraordinary circumstances, will call for a substantial
reduction in any award or, in egregious cases, disallowance. What is a "substantial reduction"? Fifty percent is a favorite
among judges.
Substantially 90%
Substantially means at least 90%
Words & Phrases 5 (40B, p. 329)

N.H. 1949. -The word "substantially" as used in provision of Unemployment Compensation Act that experience rating of an employer may
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.-Auclair
Transp. v. Riley, 69 A.2d 861, 96 N.H. l.-Tax347.1.
Substantially Context Key
Substantially is a relative term --- context key
Words and Phrases 64 (Vol. 40, p. 816)

The word substantially is a relative term and should be interpreted in accordance with the context of claim in
which it is used. Moss v. Patterson Ballagh Corp. D.C.Cal., 80 P.Supp. C10, 637.
"Substantially" must be gauged in context
Words and Phrases 2 (Volume 40A, p. 464)

Cal. 1956. Substantial is a relative term, its measure to be gauged by all the circumstances surrounding the matter
in reference to which the expression has been used
Context is key --- "substantially" has no exact meaning
Words and Phrases 2 (Volume 40A, p. 483)

The word substantial is susceptible to different meanings according to the circumstances, and is variously defined as
actual, essential, material, fundamental, although no rule of thumb can be laid down fixing its exact meaning
"Substantially" should be defined on a case-by-case basis
Edlin 2 (Aaron, Professor of Economics and Law University of California Berkeley School of Law, January, 111
Yale L.J. 941)

Might price reductions of less than twenty percent qualify as substantial? In some markets they should, and it would
be reasonable to decide substantiality on a case-by-case basis. One advantage of a bright-line rule is that it would let incumbents
know where they stand. Monopolies that price only slightly above their average cost would be insulated from the entry of higher-cost entrants if
they could credibly convey a willingness to price below the entrants' cost after entry, as illustrated in Part III. However, these monopolies do
consumers little harm and may enhance market efficiency.
Substantially Impact
Substantially must be given meaning
Words and Phrases 60 (Vol. 40, State Subway, p. 762)

Substantial is a relative word, which, while it must be used with care and discrimination, must nevertheless be
given effect , and in a claim of patent allowed considerable latitude of meaning where it is applied to such subject as thickness, as by requiring
two parts of a device to be substantially the same thickness, and cannot be held to require them to be of exactly the same thickness. Todd. V.
Sears Roebuck & Co., D.C.N.C., 199 F.Supp. 38, 41.
Substantially Considerable
"Substantial" means of real worth or considerable value --- this is the USUAL and CUSTOMARY meaning
of the term
Words and Phrases 2 (Volume 40A, p. 458)

D.S.C. 1966. The word substantial within Civil Rights Act providing that a place is a public accommodation if a
substantial portion of food which is served has moved in commerce must be construed in light of its usual and
customary meaning, that is, something of real worth and importance; of considerable value; valuable, something
worthwhile as distinguished from something without value or merely nominal
Substantial means considerable or to a large degree --- this common meaning is preferable because the
word is not a term of art
Arkush 2 (David, JD Candidate Harvard University, Preserving "Catalyst" Attorneys' Fees Under the Freedom of
Information Act in the Wake of Buckhannon Board and Care Home v. West Virginia Department of Health and
Human Resources, Harvard Civil Rights-Civil Liberties Law Review, Winter,
37 Harv. C.R.-C.L. L. Rev. 131)

Plaintiffs should argue that the term "substantially prevail" is not a term of art because if considered a term of art, resort to Black's 7th produces a
definition of "prevail" that could be interpreted adversely to plaintiffs. 99 It is commonly accepted that words that are not legal terms of
art should be accorded their ordinary, not their legal, meaning, 100 and ordinary-usage dictionaries provide FOIA fee claimants
with helpful arguments. The Supreme Court has already found favorable, temporally relevant definitions of the word
"substantially" in ordinary dictionaries: "Substantially" suggests "considerable" or "specified to a large degree." See
Webster's Third New International Dictionary 2280 (1976) (defining "substantially" as "in a substantial manner" and "substantial" as
"considerable in amount, value, or worth" and "being that specified to a large degree or in the main"); see also 17 Oxford English Dictionary 66-
67 (2d ed. 1989) ("substantial": "relating to or proceeding from the essence of a thing; essential"; "of ample or considerable amount, quantity or
dimensions"). 101
Substantial means of considerable amount not some contrived percentage
Prost 4 (Judge United States Court of Appeals for the Federal Circuit, Committee For Fairly Traded Venezuelan
Cement v. United States, 6-18, http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/04-
1016.html)

The URAA and the SAA neither amend nor refine the language of 1677(4)(C). In fact, they merely suggest, without disqualifying other
alternatives, a clearly higher/substantial proportion approach. Indeed, the SAA specifically mentions that no precise mathematical formula or
benchmark proportion is to be used for a dumping concentration analysis. SAA at 860 (citations omitted); see also Venez. Cement, 279 F.
Supp. 2d at 1329-30. Furthermore, as the Court of International Trade noted, the SAA emphasizes that the Commission retains the discretion to
determine concentration of imports on a case-by-case basis. SAA at 860. Finally, the definition of the word substantial
undercuts the CFTVCs argument. The word substantial generally means considerable in amount, value or
worth. Websters Third New International Dictionary 2280 (1993). It does not imply a specific number or cut-off. What may
be substantial in one situation may not be in another situation. The very breadth of the term substantial undercuts the CFTVCs
argument that Congress spoke clearly in establishing a standard for the Commissions regional antidumping and countervailing duty analyses. It
therefore supports the conclusion that the Commission is owed deference in its interpretation of substantial proportion. The Commission
clearly embarked on its analysis having been given considerable leeway to interpret a particularly broad term.
Substantially Considerable
"Substantial" means considerable in amount or value
Words and Phrases 2 (Volume 40A) p. 453

N.D.Ala. 1957. The word substantial means considerable in amount, value, or the like, large, as a substantial gain
Substantial means having worth or value
Ballentine's 95 (Legal Dictionary and Thesaurus, p. 644)

having worth or value
Substantially Real
"Substantial" means actually existing, real, or belonging to substance
Words and Phrases 2 (Volume 40A) p. 460

Ala. 1909. Substantial means belonging to substance; actually existing; real; *** not seeming or imaginary; not
elusive; real; solid; true; veritable
"Substantial" means having substance or considerable
Ballentine's 95 (Legal Dictionary and Thesaurus, p. 644)

having substance; considerable
Substantially In the Main
"Substantial" means in the main
Words and Phrases 2 (Volume 40A, p. 469)

Ill.App.2 Dist. 1923 Substantial means in substance, in the main, essential, including material or essential parts
Substantially Without Material Qualification
Substantially is without material qualification
Blacks Law 91 (Dictionary, p. 1024)

Substantially - means essentially; without material qualification.
Substantially Durable
Substantial means durable
Ballantines 94 (Thesaurus for Legal Research and Writing, p. 173)

substantial [sub . stan . shel] adj. abundant, consequential, durable, extraordinary, heavyweight, plentiful (a substantial supply); actual,
concrete, existent, physical, righteous, sensible, tangible (substantial problem); affluent, comfortable, easy, opulent, prosperous, solvent.
Substantially Mandate
Substantial requires a certain mandate
Words and Phrases 64 (40W&P 759)

The words" outward, open, actual, visible, substantial, and exclusive," in connection with a change of possession, mean substantially the
same thing. They mean not concealed; not hidden; exposed to view; free from concealment, dissimulation, reserve, or disguise; in full
existence; denoting that which not merely can be, but is opposed to potential, apparent, constructive, and imaginary; veritable;
genuine; certain: absolute: real at present time, as a matter of fact, not merely nominal; opposed to form; actually existing; true; not
including, admitting, or pertaining to any others; undivided; sole; opposed to inclusive.
Substantially Not Covert
Substantially means not covert
Words & Phrases 64 (40 W&P 759)

The words outward, open, actual, visible, substantial, and exclusive, in connection with a change of possession, mean substantially the
same thing. They mean not concealed; not hidden; exposed to view; free from concealment , dissimulation, reserve, or
disguise; in full existence; denoting that which not merely can be, but is opposed to potential, apparent, constructive, and imaginary; veritable;
genuine; certain; absolute; real at present time, as a matter of fact, not merely nominal; opposed to form; actually existing; true; not including
admitting, or pertaining to any others; undivided; sole; opposed to inclusive.
*** INCREASE
Increase Excludes Creation 1NC
Increase means to make greater and requires pre-existence
Buckley 6 (Jeremiah, Attorney, Amicus Curiae Brief, Safeco Ins. Co. of America et al v. Charles Burr et al,
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 Edos actual premium may be compared, to determine whether an
increase occurred. Congress could have provided that ad-verse 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 def-initional choice must be respected, not
ignored. See Colautti v. Franklin, 439 U.S. 379, 392-93 n.10 (1979) ([a] defin-ition 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 exist-ing 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).
Plan creates new ocean policy--- voting issue:
1. Limits --- they can create any form, the entire range of possible forms of exploration or development
become topical --- overstretches Neg research burdens --- we allow a fair number of existing types like
______________.
2. Ground --- best links assume existing policies, they change the debate from improving current policy to
creating new forms --- undermines core ground and fairness
Increase Excludes Creation

Increase requires pre-existence
Brown 3 US Federal Judge District Court of Oregon (Elena Mark and Paul Gustafson, Plaintiffs, v. Valley
Insurance Company and Valley Property and Casualty, Defendants, 7-17, Lexis)

FCRA does not define the term "increase." The plain and ordinary meaning of the verb "to increase" is to make something
greater or larger. 4 Merriam-Webster's [**22] Collegiate Dictionary 589 (10th ed. 1998). The "something" that is increased in the statute is
the "charge for any insurance." The plain and common meaning of the noun "charge" is "the price demanded for something." Id. at 192. Thus, the
statute plainly means an insurer takes adverse action if the insurer makes greater (i.e., larger) the price demanded for insurance.
An insurer cannot "make greater" something that did not exist previously. The statutory definition of adverse action, therefore,
clearly anticipates an insurer must have made an initial charge or demand for payment before the insurer can increase that charge. In other words,
an insurer cannot increase the charge for insurance unless the insurer previously set and demanded payment of the premium for that insured's
insurance [**23] coverage at a lower price.
Increase Excludes Creation Statutory Construction Impact
Accurate application of statutory canons is the biggest impact --- its the only way to determine the purpose
and intent of writing
Sentell 91 (R. Perry Jr., Talmadge Professor of Law University of Georgia and LLM Harvard University, The
Canons of Construction in Georgia: "Anachronisms" in Action, Georgia Law Review, Winter, 25 Ga. L. Rev. 365,
Lexis)

CONCLUSION
Because the consideration of written communication is the cornerstone of the judicial process, the technique involved in that consideration has
intrigued the ages. That technique, judicial interpretation, [*434] attempts a highly delicate balance. On the one hand, it acknowledges
the legendary imprecision of language. On the other hand, it seeks to glean from that language the elusive signals of
purpose, meaning and intent. A "science" so inexact incessantly craves a semblance of constants -- conventions assisting
to impose order upon understanding.
Roman law, and subsequently the English common-law system, sought to appease this insatiable desire by offering up the canons of construction.
The canons, fundamental maxims of compositional meaning, have proved both vulnerable and venerable. Their existence has
provided an irresistible historic target for a labyrinth of denigrating commentary. Yet the courts, the construers themselves, have claimed
the canons as their own, affording them a determinative role in judicial decisionmaking which transverses the spectrum of litigation.
Accordingly, the critics are left with little choice but to concede the canons' existence and shaping influence, while pleading
for caution in their invocation.
From the canonical mass, the most popular and powerful maxims of meaning are perhaps the three here selected for treatment: Noscitur a sociis,
Ejusdem generis and Expressio unius est exclusio alterius. Although different, the three precepts are also similar -- they counsel an analysis of
associating what is present with what is to be determined. The writer, they presume, meant something by what he expressed; that
expression, or at least a portion of it, they insist, offers the best hope for resolving the ambiguity at hand. As they occasionally
broaden, frequently constrict and sometimes exclude, the maxims operate to propel the interpreter toward an intent, meaning or purpose that will
decide the controversy.
Increase Net
Increase means a net increase
Rogers 5 (Judge New York, et al., Petitioners v. U.S. Environmental Protection Agency, Respondent, NSR
Manufacturers Roundtable, et al., Intervenors, 2005 U.S. App. LEXIS 12378, **; 60 ERC (BNA) 1791, 6/24, Lexis)

[**48] Statutory Interpretation. HN16While the CAA defines a "modification" as any physical or operational change that "increases" emissions,
it is silent on how to calculate such "increases" in emissions. 42 U.S.C. 7411(a)(4). According to government petitioners, the lack of a statutory
definition does not render the term "increases" ambiguous, but merely compels the court to give the term its "ordinary meaning." See Engine
Mfrs.Ass'nv.S.Coast AirQualityMgmt.Dist., 541 U.S. 246, 124 S. Ct. 1756, 1761, 158 L. Ed. 2d 529(2004); Bluewater Network, 370 F.3d at 13;
Am. Fed'n of Gov't Employees v. Glickman, 342 U.S. App. D.C. 7, 215 F.3d 7, 10 [*23] (D.C. Cir. 2000). Relying on two "real world"
analogies, government petitioners contend that the ordinary meaning of "increases" requires the baseline to be calculated from
a period immediately preceding the change. They maintain, for example, that in determining whether a high-pressure weather system
"increases" the local temperature, the relevant baseline is the temperature immediately preceding the arrival of the weather system, not the
temperature five or ten years ago. Similarly, [**49] in determining whether a new engine "increases" the value of a car, the relevant baseline is
the value of the car immediately preceding the replacement of the engine, not the value of the car five or ten years ago when the engine was in
perfect condition.
Increase means net increase
Words and Phrases 8 (v. 20a, p. 264-265)

Cal.App.2 Dist. 1991. Term increase, as used in statute giving the Energy Commission modification jurisdiction over any alteration,
replacement, or improvement of equipment that results in increase of 50 megawatts or more in electric generating capacity of existing thermal
power plant, refers to net increase in power plants total generating capacity; in deciding whether there has been the requisite
50-megawatt increase as a result of new units being incorporated into a plant, Energy Commission cannot ignore decreases in
capacity caused by retirement or deactivation of other units at plant. Wests Ann.Cal.Pub.Res.Code 25123.
Increase requires evidence of the preexisting condition to determine a net increase
Ripple 87 (Circuit Judge, Emmlee K. Cameron, Plaintiff-Appellant, v. Frances Slocum Bank & Trust Company,
State Automobile Insurance Association, and Glassley Agency of Whitley, Indiana, Defendants-Appellees, 824 F.2d
570; 1987 U.S. App. LEXIS 9816, 9/24, lexis)

Also related to the waiver issue is appellees' defense relying on a provision of the insurance policy that suspends 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. Indeed, the answer
to this question may depend on Mr. Glassley's knowledge of the condition of the building at the time the policy was issued, see 17 J. Appleman &
J. Appleman, Insurance Law and Practice, 9602 at 515-16 (1981), since the fundamental issue is whether the appellees contemplated insuring
the risk which incurred the loss.
Increase Make Greater
Increase means to become larger or greater in quantity
Encarta 6 Encarta Online Dictionary. 2006. ("Increase"
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620741)

in crease [ in kr ss ]
transitive and intransitive verb (past and past participle in creased, present participle in creas ing, 3rd person present singular
in creas es)Definition: make or become larger or greater: to become, or make something become, larger in number, quantity, or
degree
noun (plural in creas es)
Increase does not mean to decrease
Websters 13 Websters Dictionary. 1913 ("Increase", http://machaut.uchicago.edu/cgi-
bin/WEBSTER.sh?WORD=increase)

In*crease" (?), v. i.
To become greater or more in size, quantity, number, degree, value, intensity, power, authority, reputation, wealth; to grow; to
augment; to advance; -- opposed to decrease.
Increase is the opposite of decrease
Cambridge 8 Cambridge Dictionary, 8 (increase, 2008,
http://dictionary.cambridge.org/define.asp?key=increase*1+0&dict=A)

increase
[Show phonetics]
verb [I/T]
to become or make (something) larger or greater
The opposite of increase is decrease.
Increase means to make greater
Websters 9 Merriam Webster, 9 (Merriam Webster Online Dictionary, Increase,
http://www.merriamwebster.com/dictionary/increase[1])

intransitive verb1: to become progressively greater (as in size, amount, number, or intensity)2: to multiply by the production of
youngtransitive verb1: to make greater : AUGMENT2obsolete : ENRICH
Increase Quantitative
Increase means to become bigger or larger in quantity
Encarta 7 Encarta World English Dictionary, 7 (Increase, 2007,
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861620741)

Increase
transitive and intransitive verb (past and past participle increased, present participle in creas ing, 3rd person present singular in creas es)
Definition:
make or become larger or greater: to become, or make something become, larger in number, quantity, or degree
Increase Progressive Growth
Increase means progressive growth
Philips 2 UNITED STATES BANKRUPTCY JUDGE (Louis, IN RE LAWRENCE D. GOLDBERG, DEBTOR;
DWAYNE M. MURRAY, TRUSTEE, PLAINTIFF VERSUS MAE M. STACY TRUST AND F. EUGENE
RICHARDSON, DEFENDANTS, 5/1, lexis) (emphasis in the original)

In determining the plain meaning of the phrase "increases the obligor's insolvency," the Court initially notes that this phrase makes no reference
whatsoever [**50] to a "reasonably equivalent value" test 26 or even to the "fair consideration" test of the Section 3 of the UFCA. 27 Instead,
Article 2036 of the Civil Code merely uses the word "increases," and the absence of "reasonably equivalent value" language or "fair
consideration" language rings loudly in the Court's judicial ear. Accordingly, the Court will focus on the plain meaning of the term
"increases." Taking note from one of the dictionaries of choice of the United States Supreme Court, 28 the Court finds
that the definition of the word "increase" in Webster's Ninth New Collegiate Dictionary reads as follows:
[*270] To become progressively greater (as in size, amount, number, or intensity). . . . to make greater: AUGMENT. . . .
INCREASE, ENLARGE, AUGMENT, MULTIPLY mean to make or become greater. INCREASE used intransitively implies progressive
growth in size, amount, intensity; used transitively it may imply simple not necessarily progressive addition. . . the act or process of
increasing: as . . . addition or enlargement in size, extent, quantity.
Webster's Ninth New Collegiate Dictionary 611 (1990) (emphasis added).
As Webster's Dictionary states, the word "increase" means a progressive growth, that is, an incremental [**52] growth. Such
progressive and incremental growth implies that when Article 2036 was drafted, the codifiers used the simple and easily-understood word
"increase" because they meant to imply a "dollar-for-dollar" increase in the obligor's insolvency, rather than a "reasonably equivalent value"
increase. Otherwise, the codifiers would not have chosen to use the word "increase" with no obvious limitation on its meaning. Moreover, since
Article 2036 was crafted in 1984, well after the UFCA, which was enacted in 1918, the drafters of Article 2036 must have been well aware of the
"fair consideration" requirement in Section 3 of the UFCA, and chose not to adopt such a limitation. Therefore, the Court may reasonably
conclude that HN19Go to this Headnote in the case.the plain meaning of "increases the obligor's insolvency" means a "dollar-for-dollar,"
incremental growth, rather than insolvency as measured by a "reasonably equivalent value" standard.
As of this stopping place, the Court has performed its task under the Louisiana Civil Code: to ferret out the plain meaning of Article 2036 of the
Louisiana Civil Code from the words of the article, itself, if possible. However, the Court will resort to other modes of statutory construction
[**53] in support of its "plain meaning" analysis, primarily to assure ourselves that the apparently groundless arguments of the defendants really
are so.. Positing for argument purposes only (of course) that the phrase "increases the obligor's insolvency" is susceptible of more than one
meaning (i.e., a "reasonably equivalent value" meaning), analysis of the purpose of the Louisiana revocatory action and of its legislative history is
now offered.
Other Increase Definitions
Increase includes an extension of duration
Word and Phrases 8 (Vol. 20B, p. 265)

Me. 1922. Within Workmens Compensation Act, 36, providing for review of any agreement, award, findings, or decree, and that member of
Commission may increase, diminish, or discontinue compensation, an increase may include an extension of the time of the award.
Graneys Case, 118 A. 369, 121 Me.500.Work Comp 2049.
Increasing duration is the equivalent of increasing monetary support
Word and Phrases 8 (Vol. 20B, p. 265)

Minn.App. 2004. A durational modification of child support is as much an increase as 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 consder the needs of
after-born children. M.S.A. 518.551.State ex rel. Jarvela v. Burke, 678 N.W.2d 68, review denied.Child S 255, 350.
Increase doesnt require preexistence
Words and Phrases 8 (Words and Phrases Permanent Edition, Increase, Volume 20B, p. 263-267 March 2008,
Thomson West)

Wahs. 1942. The granting of compensation to any officer after he has commenced to serve the term for which he has been chosen,
when no compensation was provided by law before he assumed the duties of his office, is an increase in salary or
compensation within the constitutional provision prohibiting an increase of the compensation of a public officer during his term of office.
Const. art, 2, 25; art. 11, 8. State ex rel. Jaspers v. West 125 P.2d 694, 13 Wash.2d 514. Offic 100(1).
Increase doesnt require pre-existence
Reinhardt 5 U.S. Judge for the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
(Stephen, JASON RAY REYNOLDS; MATTHEW RAUSCH, Plaintiffs-Appellants, v. HARTFORD FINANCIAL
SERVICES GROUP, INC.; HARTFORD FIRE INSURANCE COMPANY, Defendants-Appellees., lexis)

Specifically, we must decide whether charging a higher price for initial insurance than the insured would otherwise have been charged because of
information in a consumer credit report constitutes an "increase in any charge" within the meaning of FCRA. First, we examine the definitions of
"increase" and "charge." Hartford Fire contends that, limited to their ordinary definitions, these words apply only when a consumer has
previously been charged for insurance and that charge has thereafter been increased by the insurer. The phrase, "has previously been charged," as
used by Hartford, refers not only to a rate that the consumer has previously paid for insurance but also to a rate that the consumer has previously
been quoted, even if that rate was increased [**23] before the consumer made any payment. Reynolds disagrees, asserting that, under [*1091]
the ordinary definition of the term, an increase in a charge also occurs whenever an insurer charges a higher rate
than it would otherwise have charged because of any factor--such as adverse credit information, age, or driving record 8 --
regardless of whether the customer was previously charged some other rate. According to Reynolds, he was charged an
increased rate because of his credit rating when he was compelled to pay a rate higher than the premium rate because he failed to obtain a high
insurance score. Thus, he argues, the definitions of "increase" and "charge" encompass the insurance companies' practice. Reynolds is correct.
Increase" means to make something greater. See, e.g., OXFORD ENGLISH DICTIONARY (2d ed. 1989) ("The action, process, or
fact of becoming or making greater; augmentation, growth, enlargement, extension."); WEBSTER'S NEW WORLD DICTIONARY OF
AMERICAN ENGLISH (3d college ed. 1988) (defining "increase" as "growth, enlargement, etc[.]"). "Charge" means the price demanded for
goods or services. See, e.g., OXFORD ENGLISH DICTIONARY (2d ed. 1989) ("The price required or demanded for service rendered, or (less
usually) for goods supplied."); WEBSTER'S NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed. 1988) ("The cost or
price of an article, service, etc."). Nothing in the definition of these words implies that the term "increase in any charge for" should be
limited to cases in which a company raises the rate that an individual has previously been charged.
One can increase from zero
Words and Phrases 7 (Cumulative Supplementary Pamphlet, 2007 vol. 20a, 07, 76)

Increase: Salary change of from zero to $12,000 and $1,200 annually for mayor and councilmen respectively was an
increase in salary and not merely the fixing of salary. King v. Herron, 243 S.E.2d36, 241 Ga. 5.
*** OTHER DEFINITIONS
Resolved:
Resolved means to enact a policy by law
Words and Phrases 64 (Permanent Edition)

Definition of the word resolve, given by Webster is to express an opinion or determination by resolution or vote; as it was resolved
by the legislature; It is of similar force to the word enact, which is defined by Bouvier as meaning to establish by law.
Determination reached by voting
Websters 98 (Revised Unabridged, Dictionary.com)

Resolved: 5. To express, as an opinion or determination, by resolution and vote; to declare or decide by a formal vote; --
followed by a clause; as, the house resolved (or, it was resolved by the house) that no money should be apropriated (or, to appropriate no money).
Firm decision
AHD 6 (American Heritage Dictionary, http://dictionary.reference.com/browse/resolved)

Resolve TRANSITIVE VERB:1. To make a firm decision about. 2. To cause (a person) to reach a decision. See synonyms at decide. 3.
To decide or express by formal vote.
Specific course of action
AHD 6 (American Heritage Dictionary, http://dictionary.reference.com/browse/resolved)

INTRANSITIVE VERB:1. To reach a decision or make a determination: resolve on a course of action. 2. To become
separated or reduced to constituents. 3. Music To undergo resolution.
Resolved implies immediacy
Random House 6 (Unabridged Dictionary, http://dictionary.reference.com/browse/resolve)

re solve Audio Help /rzlv/ Pronunciation Key - Show Spelled Pronunciation[ri-zolv] Pronunciation Key - Show IPA Pronunciation verb, -
solved, -solv ing, noun
verb (used with object)
1. to come to a definite or earnest decision about; determine (to do something): I have resolved that I shall live to the full.
Resolved: Aff Competition
Resolved doesnt require certainty
Websters 9 Merriam Webster 2009
(http://www.merriam-webster.com/dictionary/resolved)

# Main Entry: 1re solve # Pronunciation: \ri-zlv, -zolv also -zv or -zov\ # Function: verb # Inflected Form(s): re solved; re solv ing 1 : to
become separated into component parts; also : to become reduced by dissolving or analysis 2 : to form a resolution : determine 3 : consult,
deliberate
Or immediacy
PTE 9 Online Plain Text English Dictionary 2009
(http://www.onelook.com/?other=web1913&w=Resolve)

Resolve: To form a purpose; to make a decision; especially, to determine after reflection; as, to resolve on a better course of life.
Colon
Colon is meaningless --- everything after it is whats important
Websters 00 (Guide to Grammar and Writing, http://ccc.commnet.edu/grammar/marks/colon.htm)

Use of a colon before a list or an explanation that is preceded by a clause that can stand by itself. Think of the colon as a gate, inviting one to go
on If the introductory phrase preceding the colon is very brief and the clause following the colon represents the real
business of the sentence, begin the clause after the colon with a capital letter.
The colon just elaborates on what the community was resolved to debate
Encarta 7 (World Dictionary, colon,
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861 598666)

co lon (plural co lons)
noun
Definition:
1. punctuation mark: the punctuation mark (:) used to divide distinct but related sentence components such as clauses in
which the second elaborates on the first, or to introduce a list, quotation, or speech. A colon is sometimes used in U.S. business letters
after the salutation. Colons are also used between numbers in statements of proportion or time and Biblical or literary references.
The
The indicates reference to a noun as a whole
Websters 5 (Merriam Websters Online Dictionary, http://www.m-w.com/cgi-bin/dictionary)

4 -- used as a function word before a noun or a substantivized adjective to indicate reference to a group as a whole <the elite>
Requires specification
Random House 6 (Unabridged Dictionary, http://dictionary.reference.com/browse/the)

(used, esp. before a noun, with a specifying or particularizing effect, as opposed to the indefinite or generalizing force of the
indefinite article a or an): the book you gave me; Come into the house.
Indicates a proper noun
Random House 6 (Unabridged Dictionary, http://dictionary.reference.com/browse/the)

(used to mark a proper noun, natural phenomenon, ship, building, time, point of the compass, branch of endeavor, or field of study as
something well-known or unique): the sun; the Alps; the Queen Elizabeth; the past; the West.
The means all parts
Encarta 9 (World English Dictionary, The,
http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861719495)

2. indicating generic class: used to refer to a person or thing considered generically or universally
Exercise is good for the heart.
She played the violin.
The dog is a loyal pet.
Means the noun must be interpreted generically
Websters 9 (Merriam-Websters Online Dictionary, The, http://www.merriam-webster.com/dictionary/the)

3 aused as a function word before a singular noun to indicate that the noun is to be understood generically <the
dog is a domestic animal> bused as a function word before a singular substantivized adjective to indicate an abstract idea <an essay on
the sublime>
Federal Government
Federal Government means the United States government
Blacks Law 99 (Dictionary, Seventh Edition, p.703)

The U.S. governmentalso termed national government
National government, not states or localities
Blacks Law 99 (Dictionary, Seventh Edition, p.703)

A national government that exercises some degree of control over smaller political units that have surrendered some
degree of power in exchange for the right to participate in national political matters
Government of the USA
Ballentine's 95 (Legal Dictionary and Thesaurus, p. 245)

the government of the United States of America
Not states
OED 89 (Oxford English Dictionary, 2ed. XIX, p. 795)

b. Of or pertaining to the political unity so constituted, as distinguished from the separate states composing it.
Central government
AHD 92 (American Heritage Dictionary of the English Language, p. 647)

federal3. Of or relating to the central government of a federation as distinct from the governments of its member units.
Federal refers to a government in which states form a central government
AHD 92 (American Heritage Dictionary of the English Language, p. 647)

federal1. Of, relating to, or being a form of government in which a union of states recognizes the sovereignty of a
central authority while retaining certain residual powers of government.
Government is all three branches
Blacks Law 90 (Dictionary, p. 695)

[Government] 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.
Includes agencies
Words & Phrases 4 (Cumulative Supplementary Pamphlet, v. 16A, p. 42)

N.D.Ga. 1986. Action against the Postal Service, although an independent establishment of the executive branch of the
federal government, is an action against the Federal Government for purposes of rule that plaintiff in action against government has
right to jury trial only where right is one of terms of governments consent to be sued; declining to follow Algernon Blair Industrial Contractors,
Inc. v. Tennessee Valley Authority, 552 F.Supp. 972 (M.D.Ala.). 39 U.S.C.A. 201; U.S.C.A. Const.Amend. 7.Griffin v. U.S. Postal Service,
635 F.Supp. 190.Jury 12(1.2).
Should
Should refers to what should be NOT what should have been
OED, Oxford English Dictionary, 1989 (2ed. XIX), pg. 344

Should An utterance of the word should. Also, what should be.
Should means an obligation or duty
AHD 92 AHD, American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 1612

Should1. Used to express obligation or duty: You should send her a note.
Should expresses an expectation of something
AHD 92 AHD, American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 1612

Should2. Used to express probability or expectation: They should arrive at noon.
Should expresses conditionality or contingency
AHD 92 AHD, American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 1612

Should3. Used to express conditionality or contingency: If she should fall, then so would I.
Should expresses duty, obligation, or necessity
Websters 61 Websters Third New International Dictionary 1961 p. 2104

Used in auxiliary function to express duty, obligation, necessity, propriety, or expediency
Should Desirable
Should means desirable --- this does not have to be a mandate
AC 99 (Atlas Collaboration, Use of Shall, Should, May Can,
http://rd13doc.cern.ch/Atlas/DaqSoft/sde/inspect/shall.html)

shall
'shall' describes something that is mandatory. If a requirement uses 'shall', then that requirement _will_ be satisfied without fail.
Noncompliance is not allowed. Failure to comply with one single 'shall' is sufficient reason to reject the entire product. Indeed, it must be rejected
under these circumstances. Examples: # "Requirements shall make use of the word 'shall' only where compliance is mandatory." This is a good
example. # "C++ code shall have comments every 5th line." This is a bad example. Using 'shall' here is too strong.
should
'should' is weaker. It describes something that might not be satisfied in the final product, but that is desirable enough
that any noncompliance shall be explicitly justified. Any use of 'should' should be examined carefully, as it probably means that something is not
being stated clearly. If a 'should' can be replaced by a 'shall', or can be discarded entirely, so much the better. Examples: # "C++ code should be
ANSI compliant." A good example. It may not be possible to be ANSI compliant on all platforms, but we should try. # "Code should be tested
thoroughly." Bad example. This 'should' shall be replaced with 'shall' if this requirement is to be stated anywhere (to say nothing of defining what
'thoroughly' means).
Should doesnt require certainty
Blacks Law 79 (Blacks Law Dictionary Fifth Edition, p. 1237)

Should. 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 distinguishing it from ought. It is not normally synonymous with may, and although often interchangeable with
the word would, it does not ordinarily express certainty as will sometimes does.
Should Mandatory
Should is mandatory
Nieto 9 Judge Henry Nieto, Colorado Court of Appeals, 8-20-2009 People v. Munoz, 240 P.3d 311 (Colo. Ct.
App. 2009)

"Should" is "used . . . to express duty, obligation, propriety, or expediency." Webster's Third New International Dictionary 2104
(2002). Courts [**15] interpreting the word in various contexts have drawn conflicting conclusions, although the weight of authority
appears to favor interpreting "should" in an imperative, obligatory sense. HN7A number of courts, confronted with the
question of whether using the word "should" in jury instructions conforms with the Fifth and Sixth Amendment protections governing the
reasonable doubt standard, have upheld instructions using the word. In the courts of other states in which a defendant has argued that the
word "should" in the reasonable doubt instruction does not sufficiently inform the jury that it is bound to find the defendant not guilty if
insufficient proof is submitted at trial, the courts have squarely rejected the argument. They reasoned that the word "conveys a sense of
duty and obligation and could not be misunderstood by a jury." See State v. McCloud, 257 Kan. 1, 891 P.2d 324, 335 (Kan. 1995);
see also Tyson v. State, 217 Ga. App. 428, 457 S.E.2d 690, 691-92 (Ga. Ct. App. 1995) (finding argument that "should" is directional but not
instructional to be without merit); Commonwealth v. Hammond, 350 Pa. Super. 477, 504 A.2d 940, 941-42 (Pa. Super. Ct. 1986). Notably,
courts interpreting the word "should" in other types of jury instructions [**16] have also found that the word conveys to the
jury a sense of duty or obligation and not discretion. In Little v. State, 261 Ark. 859, 554 S.W.2d 312, 324 (Ark. 1977), the
Arkansas Supreme Court interpreted the word "should" in an instruction on circumstantial evidence as synonymous with the
word "must" and rejected the defendant's argument that the jury may have been misled by the court's use of the word in the instruction.
Similarly, the Missouri Supreme Court rejected a defendant's argument that the court erred by not using the word
"should" in an instruction on witness credibility which used the word "must" because the two words have the same
meaning. State v. Rack, 318 S.W.2d 211, 215 (Mo. 1958). [*318] In applying a child support statute, the Arizona Court of Appeals
concluded that a legislature's or commission's use of the word "should" is meant to convey duty or obligation.
McNutt v. McNutt, 203 Ariz. 28, 49 P.3d 300, 306 (Ariz. Ct. App. 2002) (finding a statute stating that child support expenditures "should" be
allocated for the purpose of parents' federal tax exemption to be mandatory).
Should means must its mandatory
Foresi 32 (Remo Foresi v. Hudson Coal Co., Superior Court of Pennsylvania, 106 Pa. Super. 307; 161 A. 910; 1932
Pa. Super. LEXIS 239, 7-14, Lexis)

As regards the mandatory character of the rule, the word 'should' is not only an auxiliary verb, it is also the preterite of the
verb, 'shall' and has for one of its meanings as defined in the Century Dictionary: "Obliged or compelled (to); would have
(to); must; ought (to); used with an infinitive (without to) to express obligation, necessity or duty in connection with
some act yet to be carried out." We think it clear that it is in that sense that the word 'should' is used in this rule, not merely advisory.
When the judge in charging the jury tells them that, unless they find from all the evidence, beyond a reasonable doubt, that the defendant is guilty
of the offense charged, they should acquit, the word 'should' is not used in an advisory sense but has the force or meaning of
'must', or 'ought to' and carries [***8] with it the sense of [*313] obligation and duty equivalent to compulsion. A
natural sense of sympathy for a few unfortunate claimants who have been injured while doing something in direct violation of law must not be so
indulged as to fritter away, or nullify, provisions which have been enacted to safeguard and protect the welfare of thousands who are engaged in
the hazardous occupation of mining.
Should means must
Words & Phrases 6 (Permanent Edition 39, p. 369)

C.D.Cal. 2005. Should, as used in the Social Security Administrations ruling stating that an ALJ should call on the services of a medical
advisor when onset must be inferred, means must.Herrera v. Barnhart, 379 F.Supp.2d 1103.Social S 142.5.
Should Not Mandatory
Should isnt mandatory
Words & Phrases 6 (Permanent Edition 39, p. 369)

C.A.6 (Tenn.) 2001. Word should, in most contexts, is precatory, not mandatory. U.S. v. Rogers, 14 Fed.Appx. 303. Statut 227.
Strong admonition --- not mandatory
Taylor and Howard 5 (Michael, Resources for the Future and Julie, Partnership to Cut Hunger and Poverty in
Africa, Investing in Africa's future: U.S. Agricultural development assistance for Sub-Saharan Africa, 9-12,
http://www.sarpn.org.za/documents/d0001784/5-US-agric_Sept2005_Chap2.pdf)

Other legislated DA earmarks in the FY2005 appropriations bill are smaller and more targeted: plant biotechnology research and development
($25 million), the American Schools and Hospitals Abroad program ($20 million), womens leadership capacity ($15 million), the International
Fertilizer Development Center ($2.3 million), and clean water treatment ($2 million). Interestingly, in the wording of the bill, Congress uses the
term shall in connection with only two of these eight earmarks; the others say that USAID should make the prescribed amount available. The
difference between shall and should may have legal significanceone is clearly mandatory while the other is a
strong admonitionbut it makes little practical difference in USAIDs need to comply with the congressional directive to the best
of its ability.
Permissive
Words and Phrases 2 (Vol. 39, p. 370)

Cal.App. 5 Dist. 1976. Term should, as used in statutory provision that motion to suppress search warrant should first be heard by
magistrate who issued warrant, is used in regular, persuasive sense, as recommendation, and is thus not mandatory but
permissive. Wests Ann.Pen Code, 1538.5(b).---Cuevas v. Superior Court, 130 Cal. Rptr. 238, 58 Cal.App.3d 406 ----Searches 191.
Desirable or recommended
Words and Phrases 2 (Vol. 39, p. 372-373)

Or. 1952. Where safety regulation for sawmill industry providing that a two by two inch guard rail should be installed at extreme outer edge of
walkways adjacent to sorting tables was immediately preceded by other regulations in which word shall instead of should was used, and
word should did not appear to be result of inadvertent use in particular regulation, use of word should was intended to convey
idea that particular precaution involved was desirable and recommended, but not mandatory. ORS 654.005 et seq.----
Baldassarre v. West Oregon Lumber Co., 239 P.2d 839, 193 Or. 556.---Labor & Emp. 2857
Should Immediate
Should means must and requires immediate legal effect
Summers 94 (Justice Oklahoma Supreme Court, Kelsey v. Dollarsaver Food Warehouse of Durant, 1994 OK
123, 11-8, http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287#marker3fn13)

4 The legal question to be resolved by the court is whether the word "should"13 in the May 18 order connotes futurity or
may be deemed a ruling in praesenti.14 The answer to this query is not to be divined from rules of grammar;15 it must be governed by
the age-old practice culture of legal professionals and its immemorial language usage. To determine if the omission (from the critical May 18
entry) of the turgid phrase, "and the same hereby is", (1) makes it an in futuro ruling - i.e., an expression of what the judge will or would do at a
later stage - or (2) constitutes an in in praesenti resolution of a disputed law issue, the trial judge's intent must be garnered from the four corners
of the entire record.16
[CONTINUES TO FOOTNOTE]
13 "Should" not only is used as a "present indicative" synonymous with ought but also is the past tense of "shall" with various shades of meaning
not always easy to analyze. See 57 C.J. Shall 9, Judgments 121 (1932). O. JESPERSEN, GROWTH AND STRUCTURE OF THE ENGLISH
LANGUAGE (1984); St. Louis & S.F.R. Co. v. Brown, 45 Okl. 143, 144 P. 1075, 1080-81 (1914). For a more detailed explanation, see the
Partridge quotation infra note 15. Certain contexts mandate a construction of the term "should" as more than merely
indicating preference or desirability. Brown, supra at 1080-81 (jury instructions stating that jurors "should" reduce the amount of damages in
proportion to the amount of contributory negligence of the plaintiff was held to imply an obligation and to be more than advisory); Carrigan v.
California Horse Racing Board, 60 Wash. App. 79, 802 P.2d 813 (1990) (one of the Rules of Appellate Procedure requiring that a party "should
devote a section of the brief to the request for the fee or expenses" was interpreted to mean that a party is under an obligation to include the
requested segment); State v. Rack, 318 S.W.2d 211, 215 (Mo. 1958) ("should" would mean the same as "shall" or "must" when used in
an instruction to the jury which tells the triers they "should disregard false testimony"). 14 In praesenti means literally "at the present
time." BLACK'S LAW DICTIONARY 792 (6th Ed. 1990). In legal parlance the phrase denotes that which in law is presently or
immediately effective, as opposed to something that will or would become effective in the future [in futurol]. See Van
Wyck v. Knevals, 106 U.S. 360, 365, 1 S.Ct. 336, 337, 27 L.Ed. 201 (1882).
Should No Immediate
Should doesnt mean immediate
Dictionary.com Copyright 2010 http://dictionary.reference.com/browse/should

should /d/ Show Spelled[shood] Show IPA auxiliary verb 1. pt. of shall. 2. (used to express condition): Were he to arrive, I should
be pleased. 3. must; ought (used to indicate duty, propriety, or expediency): You should not do that. 4. would (used to make a statement less
direct or blunt): I should think you would apologize. Use should in a Sentence See images of should Search should on the Web Origin: ME
sholde, OE sc ( e ) olde; see shall Can be confused: could, should, would (see usage note at this entry ). Synonyms 3. See must1 .
Usage note Rules similar to those for choosing between shall and will have long been advanced for should and would, but again the rules
have had little effect on usage. In most constructions, would is the auxiliary chosen regardless of the person of the subject: If our allies would
support the move, we would abandon any claim to sovereignty. You would be surprised at the complexity of the directions. Because the main
function of should in modern American English is to express duty, necessity, etc. ( You should get your flu shot before winter comes ), its use for
other purposes, as to form a subjunctive, can produce ambiguity, at least initially: I should get my flu shot if I were you. Furthermore, should
seems an affectation to many Americans when used in certain constructions quite common in British English: Had I been informed, I should
(American would ) have called immediately. I should (American would ) really prefer a different arrangement. As with shall and will, most
educated native speakers of American English do not follow the textbook rule in making a choice between should and would. See also shall.
Shall auxiliary verb, present singular 1st person shall, 2nd shall or ( Archaic ) shalt, 3rd shall, present plural shall; past singular 1st person
should, 2nd should or ( Archaic ) shouldst or should est, 3rd should, past plural should; imperative, infinitive, and participles lacking. 1. plan
to, intend to, or expect to: I shall go later.
Should Not Past Tense 2AC
-- We meet plan says should. This just changes the meaning of the plan doesnt prove it isnt topical.
-- Ungrammatical their interpretation assumes should is followed by have but its not. Grammar is
key: it defines ground.
-- Kills neg ground hindsight is 20/20, Affs would always pick unbeatable cases
-- Should means future action
American Heritage 00

should ( P ) Pronunciation Key (shd)
aux.v. Past tense of shall
Used to express obligation or duty: You should send her a note.
-- Prefer our interpretation theirs is outdated
American Heritage 00

Usage Note: Like the rules governing the use of shall and will on which they are based, the traditional rules
governing the use of should and would are largely ignored in modern American practice. Either should or would
can now be used in the first person to express conditional futurity: If I had known that, I would (or somewhat more formally,
should) have answered differently. But in the second and third persons only would is used: If he had known that, he would (not should) have
answered differently. Would cannot always be substituted for should, however. Should is used in all three persons in a conditional clause: if I (or
you or he) should decide to go. Should is also used in all three persons to express duty or obligation (the equivalent of ought to):
I (or you or he) should go. On the other hand, would is used to express volition or promise: I agreed that I would do it. Either would or should is
possible as an auxiliary with like, be inclined, be glad, prefer, and related verbs: I would (or should) like to call your attention to an oversight.
Here would was acceptable on all levels to a large majority of the Usage Panel in an earlier survey and is more common in American usage than
should. Should have is sometimes incorrectly written should of by writers who have mistaken the source of the spoken contraction should've.
See Usage Note at if. See Usage Note at rather. See Usage Note at shall.
-- Key to Aff ground best literature supports prescriptive future action
-- Neg ground all disads assume future action, otherwise theyre non-unique.
-- No offense future-oriented genealogical Affs can explore history.
-- Potential abuse isnt a voter dont punish for what we didnt do
Its
Belonging to or associated with
Oxford Dictionary 10 (Of, http://www.oxforddictionaries.com/definition/its?view=uk)

Pronunciation:/ts/
possessive determiner
belonging to or associated with a thing previously mentioned or easily identified:turn the camera on its side he chose the area for
its atmosphere
Of or relating to
Websters 10 (Merriam-Websters Online Dictionary, its, http://www.merriam-webster.com/dictionary/its)

Main Entry: its
Pronunciation: \its, ts\
Function: adjective
Date: circa 1507
: of or relating to it or itself especially as possessor, agent, or object of an action <going to its kennel> <a child proud of its
first drawings> <its final enactment into law>
Its Possessive
Its refers to the United States Federal Government and is possessive
Updegrave 91 (W.C., Explanation of ZIP Code Address Purpose, 8-19,
http://www.supremelaw.org/ref/zipcode/updegrav.htm)

More specifically, looking at the map on page 11 of the National ZIP Code Directory, e.g. at a local post office, one will see that the first digit of
a ZIP Code defines an area that includes more than one State. The first sentence of the explanatory paragraph begins: "A ZIP Code is a numerical
code that identifies areas within the United States and its territories for purposes of ..." [cf. 26 CFR 1.1-1(c)]. Note the singular
possessive pronoun "its", not "their", therefore carrying the implication that it relates to the " United States" as a
corporation domiciled in the District of Columbia (in the singular sense), not in the sense of being the 50 States of
the Union (in the plural sense). The map shows all the States of the Union, but it also shows D.C., Puerto Rico and the Virgin Islands,
making the explanatory statement literally correct.
Its is possessive
English Grammar 5 (Glossary of English Grammar Terms, http://www.usingenglish.com/glossary/possessive-
pronoun.html)

Mine, yours, his, hers, its, ours, theirs are the possessive pronouns used to substitute a noun and to show possession or
ownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.)
Grammatically, this refers solely to U.S. policy
Manderino 73 (Justice Supreme Court of Pennsylvania, Sigal, Appellant, v. Manufacturers Light and Heat Co.,
No. 26, Jan. T., 1972, Supreme Court of Pennsylvania, 450 Pa. 228; 299 A.2d 646; 1973 Pa. LEXIS 600; 44 Oil &
Gas Rep. 214, Lexis)

On its face, the written instrument granting easement rights in this case is ambiguous. The same sentence which refers to the right to lay a 14 inch
pipeline (singular) has a later reference to "said lines" (plural). The use of the plural "lines" makes no sense because the only previous reference
has been to a "line" (singular). The writing is additionally ambiguous because other key words which are "also may change the size of its
pipes" are dangling in that the possessive pronoun "its" before the word "pipes" does not have any subject preceding, to which
the possessive pronoun refers. The dangling phrase is the beginning of a sentence, the first word of which does not begin with a capital
letter as is customary in normal English [***10] usage. Immediately preceding the "sentence" which does not begin with a capital letter, there
appears a dangling [*236] semicolon which makes no sense at the beginning of a sentence and can hardly relate to the preceding sentence which
is already properly punctuated by a closing period. The above deviations from accepted grammatical usage make difficult, if
not impossible, a clear understanding of the words used or the intention of the parties. This is particularly true concerning
the meaning of a disputed phrase in the instrument which states that the grantee is to pay damages from ". . . the relaying, maintaining and
operating said pipeline. . . ." The instrument is ambiguous as to what the words ". . . relaying . . . said pipeline . . ." were intended to mean.
And its a term of exclusion
Frey 28 (Judge Supreme Court of Missouri, Supreme Court of Missouri,
320 Mo. 1058; 10 S.W.2d 47; 1928 Mo. LEXIS 834, Lexis)

In support of this contention appellant again argues that when any ambiguity exists in a will it is the duty of the court to construe the will under
guidance of the presumption that the testatrix intended her property to go to her next of kin, unless there is a strong intention to the contrary.
Again we say, there is intrinsic proof of a [*1074] strong intention to the contrary. In the first place, testatrix only named two of her blood
relatives in the will and had she desired [***37] them to take the residuary estate she doubtless would have mentioned them by name in the
residuary clause. In the second place, if she used the word "heirs" in the sense of blood relatives she certainly would have dispelled all ambiguity
by stating whose blood relatives were intended. Not only had [**53] she taken pains in the will to identify her own two blood relatives but she
had also identified certain blood relatives of her deceased husband. Had it been her intention to vest the residuary estate in her
blood relatives solely, she would certainly have used the possessive pronoun "my" instead of the indefinite article
"the" in the clause, "the above heirs."its is geographical.
And/Or
One or the other or both
Words and Phrases 7 (3A W&P, p. 220)

C.A.1 (Mass.) 1981. Words and/or, for contract purposes, commonly mean the one or the other or both.Local Division 589,
Amalgameted Transit Union, AFL-CIO, CLC v. Com. Of Mass., 666 F.2d 618, certiorari denied Local Div. 589, Amalgamated Transit Union
AFL-CIO v. Massachusetts, 102 S.Ct. 2928, 457 U.S. 1117, 73 L.Ed.2d 1329.Contracts 159.
And/or means one or the other or both
Pullum 8 (Geoffrey K., Professor of General Linguistics University of Edinburgh, And/or: "and AND or", or
"and OR or"?, Language Log, 4-14, http://languagelog.ldc.upenn.edu/nll/?p=35)

Does and/or mean "and and or", or "and or or"? That is, if I say I am interested in A and/or B, do I mean I'm interested in A and B and
I'm interested in A or B, or do I mean that I'm interested in A and B or I'm interested in A or B? (You may want to say that it means I'm interested
in A and B and/or I'm interested in A or B; but in that case I repeat my question.) Having reflected on it for a little while, I am convinced
that the answer has to be that A and/or B must mean "A and B or A or B". That is, if an entity A is claimed to have the property
of being F and/or G, the claim amounts to saying that either (i) A has the property of being both F and G or (ii) A has the property of being either
F or G. And to claim that F is a property of entities A and/or B is to claim that either (i) F holds for A and B or (ii) F holds for A or B. However,
in that case and/or is effectively identical in meaning with or, so it is at first rather hard to see why and/or exists at all. But I do have
a guess. The right theory of what or means in English is that it is in general inclusive but that sometimes the exclusive special case is conveyed as
a conversational implicature. I'm going to study linguistics at either York or Edinburgh would often be taken to have the exclusive sense: since
you typically go to a single university to take a single degree, and during the degree course you have no time to study elsewhere, a decision to
choose York would normally exclude choosing Edinburgh as well. The exclusive sense is thus conveyed: one or the other of York and Edinburgh
will be chosen, and if it is York it will not be Edinburgh, and if it is Edinburgh it will not be York. But of course if you think about it, someone
who says she is choosing between those two universities does not commit herself for life to never studying at the other. When the two alternatives
exclude each other, then the exclusive meaning is the only one that makes sense. If you are asked whether you want to sit in the stalls or in the
balcony, it's one or the other but not both, because you can only be in one place at one time. When they don't exclude each other, it's
always understood that or allows for both: obviously someone whose ambition is to win either an Oscar or an
Olympic medal wouldn't feel a failure if they won both. Winning both would satisfy the ambition in spades. So my guess would be
that and/or is a way of underlining the point that the or is to be understood in its inclusive sense rather than its exclusive sense. Sometimes you
want to explicitly indicate "or more than one of the above", and and/or does that. Take the first example of and/or in the Wall Street Journal
corpus of 1987-1989 (a 44-million-word collection of random articles that linguists often use as a source for real-life examples because the
Linguistic Data Consortium the host for the giant Language Log servers made it available in 1993 nice and cheap). The example (which
actually happens to be a quotation from the Washington Post) is this: Too many of his attitudes, claims and complaints are careless, conflicting,
dubious, inaccurate, mean, petty, simplistic, superficial, uninformed and/or pointlessly biased. I take it as obvious that if one hundred percent of
the hapless man's attitudes, claims and complaints had all ten properties every single one was careless and conflicting and dubious and
inaccurate and mean and petty and simplistic and superficial and uninformed and pointlessly biased then the quoted claim would be regarded
as true, not false. An or would have done the job here, but the and/or injects a (logically redundant) reminder that it may
well be the case that more than one of the list of ten properties applies to the miserable individual in question.
X or Y or both
Wood 1 (Diane P., Circuit Judge United States Court of Appeals, Susan E. Hess, Plaintiff-Appellee, v. Hartford
Life & Accident Insurance Company, 12-13, http://caselaw.lp.findlaw.com/cgi-
bin/getcase.pl?court=7th&navby=case&no=002043)

Having determined that Hess's 1996 employment contract is properly a part of the administrative record the district court was entitled to consider,
we must next decide whether Hartford could reasonably have determined that Hess's benefits as of April 19, 1996, should have been based only
on her 1995 draw amount. Like the district court, we cannot read the contract that way. Hess's 1996 contract clearly states that the draw system
was to be phased out as of April 5. The contract also specifies that her benefits, including long-term disability benefits, would be calculated based
on her "base salary and/or draw." (We note in passing that the phrase "and/or" has its critics. Bryan A. Garner reports in A Dictionary of
Modern Legal Usage 56 (2d ed. 1995), that "and/or has been vilified for most of its life-- and rightly so." He goes on to say, however, that the
expression, while "undeniably clumsy, does have a specific meaning (x and/or y = x or y or both)." Id.) Here, this would
mean that Hess could have her benefits calculated on the basis of her base salary, or her draw, or both. In the context of
Fleet's transition away from a draw system, the only reasonable interpretation of this provision was that the benefits would be based on the draw
while it was in effect and on the base salary thereafter. As of April 5, Hess was thus contractually entitled to a benefits package based on her base
salary--that is, based on the average of her previous two years' commissions. The fact that Fleet may have breached the contract (or been slow in
implementing its details) by failing to move from the draw system to the base salary system until June 1 does not change the package of
compensation and benefits to which Hess was contractually entitled. Nor could the fact that Fleet failed to inform Hartford about the date the
change-over was to have occurred affect Hess's benefit amount. The Hartford policy states that "[i]f [Fleet] gives The Hartford any incorrect
information, the relevant facts will be determined" to establish the correct benefit amount. Once informed by Hess's attorney that Hess believed
the information Fleet provided Hartford was incorrect, it was incumbent on the examiner to refer to Hess's employment contract to determine her
actual regular monthly pay. Had he done so, he would have seen that Hess became entitled to the higher level of benefits on April 5, two weeks
before her disability. The district court therefore did not err when it concluded that Hartford's failure to consider the contract was arbitrary and
capricious.
And/or can mean either defer to general community practice
Words and Phrases 7 (3A W&P, p. 224)

N.D. 1964. And/or as used in contract may mean either and or or, and interpretation should be one which will
best effect purpose of parties as determined in light of equities of the case.Hummel v. Kranz, 126 N.W.2d 786Contracts
159.
And/or means or
Words and Phrases 7 (3A W&P, p. 224)

Or. 1942. As used in the constitutional amendment and statue relating to the creation of public utility districts, the hybrid phrase and/or
may be construed as meaning or.Ollilo v. Clatskanie Peoples Utility Dist., 132 P.2d 416, 170 Or. 173.
And
In addition
Ansell 00 (Mary, Chapter 28: Conjunctions, English Grammar: Explanations and Exercises,
http://www.fortunecity.com/bally/durrus/153/gramch28.html)

Coordinate conjunctions are used to join two similar grammatical constructions; for instance, two words, two phrases or two
clauses. e.g. My friend and I will attend the meeting. Austria is famous for the beauty of its landscape and the hospitality of its people. The sun
rose and the birds began to sing. In these examples, the coordinate conjunction and is used to join the two words friend and I, the two phrases the
beauty of its landscape and the hospitality of its people, and the two clauses the sun rose and the birds began to sing. The most commonly used
coordinate conjunctions are and, but and or. In addition, the words nor and yet may be used as coordinate conjunctions. In the following table,
each coordinate conjunction is followed by its meaning and an example of its use. Note the use of inverted word order in the clause beginning
with nor. Coordinate Conjunctions and: in addition She tried and succeeded.
Requires both
Words and Phrases 7 (3A W&P, p. 166)

C.A.Fed. 2001. Inclusion of conjunctive and in regulation indicated that all three of the enumerated criteria had to be
demonstrated.Watson v. Department of Navy, 262 F. 3d 1292, certiorari denied 122 S.Ct. 817, 534 U.S. 1083, 151 L.Ed.2d 700.Admin
Law 412.1.
Not or
Words and Phrases 7 (3A W&P, p. 167)

C.A.5 (Tex.) 1988. The word and is to be accepted for its conjunctive connotation rather than as a word
interchangeable with or except where strict grammatical construction would frustrate clear legislative intent.Bruce v. First Federal
Sav. And Loan Assn of Conroe, Inc., 837 F.2d 712Statut 197.

Or
Or can be one does not have to be both
Websters 96 (Revised Unabridged Dictionary, Or, http://dictionary.reference.com/browse/or)

1. One of two; the one or the other; -- properly used of two things, but sometimes of a larger number, for any one.

Exclusive evidence or means only one
Quirk 93 (Randolph, Professor of Linguistics University of Durham, and Sidney Greenbaum, A University
Grammar of English, http://grammar.ccc.commnet.edu/grammar/conjunctions.htm)

OR To suggest that only one possibility can be realized, excluding one or the other: "You can study hard for this exam or
you can fail." To suggest the inclusive combination of alternatives: "We can broil chicken on the grill tonight, or we can just eat leftovers. To
suggest a refinement of the first clause: "Smith College is the premier all-women's college in the country, or so it seems to most Smith College
alumnae." To suggest a restatement or "correction" of the first part of the sentence: "There are no rattlesnakes in this canyon, or so our guide tells
us." To suggest a negative condition: "The New Hampshire state motto is the rather grim "Live free or die." To suggest a negative alternative
without the use of an imperative (see use of and above): "They must approve his political style or they wouldn't keep electing him mayor."
Or does not mean and
Words and Phrases 7 (3A W&P, p. 167)

Ct.Cl. 1878. The word or in a contract will not be construed to mean and, where it connects propositions reasonably in the
alternative. Thus, the word in a contract which binds the contractor to supply so many pounds, more or less, as may be required
for the wants of certain government stations between a certain time, cannot be construed to mean and, and does not entitle the
constractor to furnish all the oats which may be needed at the station.Merriam v. U.S., 14 Ct.Cl. 289, affirmed 2 S.Ct. 536, 107 U.S. 437,
17 Otto 437, 27 L.Ed. 531.

Or Means And
Or means and
Words and Phrases 7 (3A W&P, p. 167)

C.A.2 (Conn.) 1958. Where words in will are placed in the disjunctive, and intent of testator is clear, word or is often construed as
and.Hight v. U.S., 256 F.2d 795.Wills 466.
Of Definitions
-- Related to an object
Oxford Dictionary 10 (Of, http://www.oxforddictionaries.com/definition/of?view=uk)

Pronunciation:/v, ()v/
preposition
1 expressing the relationship between a part and a whole:
with the word denoting the part functioning as the head of the phrase:the sleeve of his coat in the back of the car the
days of the week
-- Associated with
AHD 10 (American Heritage Dictionary, of, http://education.yahoo.com/reference/dictionary/entry/of)

of ( v, v; v when unstressed) KEY
PREPOSITION:
Derived or coming from; originating at or from: customs of the South.
Caused by; resulting from: a death of tuberculosis.
Away from; at a distance from: a mile east of here.
So as to be separated or relieved from: robbed of one's dignity; cured of distemper.
From the total or group comprising: give of one's time; two of my friends; most of the cases.
Composed or made from: a dress of silk.
Associated with or adhering to: people of your religion.
-- Belonging to
Collins 10 (Collins English Dictionary, of, http://www.collinslanguage.com/results.aspx?context=3&reversed=
False&action=define&homonym=-1&text=of)

of prep
1. belonging to, situated in or coming from, because of, the inhabitants of former East Germany, I saw five people
die of chronic hepatitis,
Of Specification
Of requires specification
Macmillan 10 (Dictionary, of, http://www.macmillandictionary.com/dictionary/american/of)

saying which specific thing
a. used for saying which specific thing belonging to a more general type you are referring to
I had a feeling of duty toward him.
She seemed to like the idea of having children.
the month of April
the twin cities of Minneapolis and St. Paul
Todd has the annoying habit of questioning everything I say.
Synonyms or related words for this meaning of of: more
b. used for giving a specific age, amount, value, etc.
She met Charles at the age of 20.
She was a young girl of no more than 13.
Lynn earns a salary of thirty thousand dollars a year.
Teachers have been asking for a pay raise of 4 percent.
Synonyms or related words for this meaning of of: more
Of Whole
Of means whole
CJS 78 (Corpus Juris Secundum, 67, p. 200)

Of: The word "of" is a preposition. It is a word of different meanings, and susceptible of numerous different connotations. It may be used in
its possessive sense to denote possession or ownership. It may also be used as a word of identification and relation, rather than as a word of
proprietorship or possession. "Of" may denote source, origin, existence, descent, or location, or it may denote that from which something issues,
proceeds, or is derived. The term may indicate the aggregate or whole of which the limited word or words denote a part, or of which a
part is referred to, thought of, affected, etc.
Of Specified Origin
Of means derived from
AHD 9 (American Heritage Dictionary, Of, http://dictionary.reference.com/browse/of)

of (v, v; v when unstressed )
prep.
Derived or coming from; originating at or from: customs of the South.
This is a term of exclusion
Nelson 9 (Dorothy W., Circuit Judge Ninth Circuit of the United States Court of Appeals, Doe 1, Doe 2, and
Kasadore Ramkissoon, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. AOL
LLC, Defendant-Appellee, 552 F.3d 1077; 2009 U.S. App. LEXIS 875, 1-16, Lexis)

OVERVIEW: The ISP made publicly available the internet search records of more than 650,000 of its members.
Under a service agreement, all customers agreed to a forum selection clause that designated the "courts of Virginia"
as the fora for disputes between the ISP and its customers. The ISP contended, and the district court agreed, that the
clause permitted plaintiffs to refile their consumer class action in state or federal court in Virginia, but the customers
contended the forum selection clause limited them to Virginia state court, where a class action remedy was
unavailable; this violated California public policy favoring consumer class actions and rendered the forum selection
clause unenforceable. The court held that the use of the preposition "of"--rather than "in"--was determinative and
that the forum selection clause referred to the state courts of Virginia only, not the federal courts in Virginia.
California had declared by judicial decision the same forum selection clause contravened a strong public policy of
California--as applied to California residents who brought claims under California statutory consumer law in
California state court.
Of means of specified origin
Random House 10 (Unabridged Dictionary, Of, http://dictionary.reference.com/browse/of)
of
1
Show Spelled[uhv, ov; unstressed uh v or, especially before consonants, uh] Show IPA
preposition
1. (used to indicate distance or direction from, separation, deprivation, etc.): within a mile of the church; south of
Omaha; to be robbed of one's money.
2. (used to indicate derivation, origin, or source): a man of good family; the plays of Shakespeare; a piece of cake.
Of Term of Exclusion
Of is a term of limitation
Ellis 53 (Judge Advocate United States Army, United States. v. Private Frank Taylor, Jr., United States Army
Board of Review, 11 C.M.R. 428; 1953 CMR LEXIS 1428, 7-31, Lexis)

Appellate defense counsel argued orally that many facts indicated the United States was not at war, for example:
there has been no declaration of war; the Coast Guard is still under the supervision of the Treasury Department
instead of the Navy Department as it usually is during war; here in the United States, Armed Forces personnel are
allowed to wear civilian clothes during off-duty hours; it is not the policy to try Department of the Army civilians
serving with the Army in the field in the United States by courts-martial; the various Army posts throughout the
United States are still open to public visitation; many reservists and National Guard units are not on active service;
and the Table of Maximum Punishments had not been suspended for offenses committed in the United States. He
contended that the ratio of the cases cited in support of the war status of the United States was limited to the locale
of the hostilities, Korea and its adjacent [**6] waters, and was inoperative on offenses committed in the United
States. Finally, he anchored his argument on the interpretation to be given the language in Article 43f(1) (post) of
the Code. He conceded arguendo that the offense at bar fell within the purview of this language, being a fraud
against a United States agency, the Army, but reasoned that the subject language contemplated and embraced only
"hostilities as proclaimed by the President or by a Joint Resolution of Congress." With this interpretation the board
of review cannot agree. The preposition "of" before the word "hostilities" shows plainly that the phrase "of
hostilities" is adjectival , qualifying and limiting the word "termination". The phrase "termination of hostilities" is in
turn modified by the participial phrase "as proclaimed." In our interpretation it is the "termination of hostilities" that
must be proclaimed, and such proclamation provides the initial date of a three-year period in which the suspension
of the statute of limitations continues to operate rather than determines the date of the beginning of the original
suspension (emphasis supplied).

Of is exclusive
Words and Phrases 74 (v. 29)

Word of Exclusion
A deed describing a line as running within four rods of a brook excludes the stread, and means from the side of the stream, and not from the center of it. The word
of, as well as the word from, is used as a term of exclusion. Haight v. Hamor, 22 A. 369, 372, 83 Me. 453.
Earth
Earth is our planet---not another
Oxford 14 Oxford Dictionaries, Earth, http://www.oxforddictionaries.com/us/definition/american_english/earth

NOUN
1 (also Earth) The planet on which we live; the world:
the diversity of life on earth
MORE EXAMPLE SENTENCES
SYNONYMS
1.1The surface of the world as distinct from the sky or the sea:
it plummeted back to earth at 60 mph
MORE EXAMPLE SENTENCES
SYNONYMS
1.2The present abode of humankind, as distinct from heaven or hell.
MORE EXAMPLE SENTENCES
The earth is the third planet from the sun in the solar system, orbiting between Venus and Mars at an average
distance of 90 million miles (149.6 million km) from the sun, and has one natural satellite, the moon. It has an
equatorial diameter of 7,654 miles (12,756 km), an average density 5.5 times that of water, and is believed to have
formed about 4,600 million years ago. The earth, which is three-quarters covered by oceans and has a dense
atmosphere of nitrogen and oxygen, is the only planet known to support life
3
rd
Rock from the Sun
Cambridge 14 Cambridge Dictionaries Online, Earth, http://dictionary.cambridge.org/dictionary/british/earth_1

earth
noun [S or U] (PLANET) // US // (also Earth)
B1 the planet third in order of distance from the sun, between Venus and Mars; the world on which we live:
The Earth takes approximately 3651/4 days to go round the sun.
The circus has been described as the greatest show on earth (= in the world).
The apostrophe-S means it is possessive---referring to oceans of the Earth
Purdue 14 Purdue University Online Writing Lab, The Apostrophe,
https://owl.english.purdue.edu/owl/resource/621/01/

The apostrophe has three uses:
To form possessives of nouns
To show the omission of letters
To indicate certain plurals of lowercase letters
Forming Possessives of Nouns
To see if you need to make a possessive, turn the phrase around and make it an "of the..." phrase. For example:
the boy's hat = the hat of the boy
three days' journey = journey of three days

*** TOPICALITY IMPACTS
Framers Intent Good
Framers intent is the basis of predictability --- without it, its impossible to interpret the topic
Hutchison 8 (Cameron, Assistant Professor of Law University of Alberta, Which Kraft of Statutory
Interpretation, Alberta Law Review, November, 46 Alberta L. Rev. 1, Lexis)

Second, it is not possible to interpret even a single word, much less an entire text, without knowing the purpose of
the statute. 123 To take Hart's "no vehicle in the park" example, if local patriots were to wheel a truck used in World
War II on a pedestal, would this qualify as a core case? This example illustrates that meaning of language in a statute cannot
be divorced from an inquiry into the purpose that a rule serves. When courts are offered competing interpretations,
they must choose the one that is most sensible in connection with its legislative purpose, 124 and makes the statute "a
coherent [and] workable whole." 125 Moreover, the purpose of a statute is not static, but through interpretation, courts engage in a process of
redefining and clarifying the ends themselves. 126 As Fuller puts it, courts must "be sufficiently capable of putting [themselves] in the position of
those who drafted the rule to know what they thought 'ought to be.' It is in the light of this 'ought' that [they] must decide what the rule 'is.'" 127
Legislative intent of the resolution outweighs limits
Clements 5 Judge Jean Harrison Clements, Court of Appeals of Virginia, October 25, 2005, Bryan David Auer v.
Commonwealth of Virginia Court of Appeals of Virginia,
http://www.courts.state.va.us/opinions/opncavtx/0851041.txt

Consequently, the fact that the statute does not expressly enumerate a particular item implies that the item "falls outside of the definition."
Highway & City Freight Drivers, 576 F.2d at 1289; see County of Amherst Bd. of Supervisors v. Brockman, 224 Va. 391, 397, 297 S.E.2d 805,
808 (1992) (holding that the courts "may not add to a statute language" that the legislature intended not be included
therein). Because the word "include" is susceptible to more than one meaning and because it is not immediately clear from the
word's context which meaning is meant to apply in Code 19.2-295.1, we conclude that the statute's provision that "[p]rior convictions
shall include convictions . . . under the laws of any state, the District of Columbia, the United States or its territories" is ambiguous. See
Brown v. Lukhard, 229 Va. 316, 321, 330 S.E.2d 84, 87 (1985) (noting that words are ambiguous if they admit to "being understood in more
than one way" or lack "clearness and definiteness"). See generally Liverpool v. Baltimore Diamond Exch., Inc., 799 A.2d 1264, 1274 (Md. Ct.
Spec. App. 2002) (recognizing that "the term 'includes,' by itself, is not free from ambiguity" because it "has various shades of
meaning," ranging from enlargement and expansion to limitation and restriction); Frame v. Nehls, 550 N.W.2d 739, 742 (Mich.
1996) ("When used in the text of a statute, the word 'includes' can be used as a term of enlargement or of limitation, and the word in and of
itself is not determinative of how it is intended to be used."). "Therefore, we are called upon to construe this
statutory language in a manner that will ascertain and give effect to the General Assembly's intent." Herndon v. St.
Mary's Hosp., Inc., 266 Va. 472, 475, 587 S.E.2d 567, 569 (2003). In seeking to resolve the ambiguity in the statutory language and
discern the legislature's intent, we apply established principles of statutory interpretation. See Va. Dep't of Labor & Industry v. Westmoreland
Coal Co., 233 Va. 97, 101-02, 353 S.E.2d 758, 762 (1987). Consistent with such principles, we interpret the statute so as "to promote
the end for which it was enacted, if such an interpretation can reasonably be made from the language used." Mayhew
v. Commonwealth, 20 Va. App. 484, 489, 458 S.E.2d 305, 307 (1995). Thus, the "statute must be construed with reference to its
subject matter, the object sought to be attained, and the legislative purpose in enacting it; the provisions should receive a
construction that will render it harmonious with that purpose rather than one which will defeat it." Esteban v. Commonwealth, 266 Va. 605,
609, 587 S.E.2d 523, 526 (2003). Furthermore, although "[i]t is a cardinal principle of law that penal statutes are to be construed strictly against
the [Commonwealth]" and "cannot be extended by implication, or be made to include cases which are not within the letter and spirit of the
statute," Wade v. Commonwealth, 202 Va. 117, 122, 116 S.E.2d 99, 103 (1960), "we will not apply 'an unreasonably restrictive
interpretation of the statute' that would subvert the legislative intent expressed therein," Armstrong v. Commonwealth, 263
Va. 573, 581, 562 S.E.2d 139, 144 (2002) (quoting Ansell v. Commonwealth, 219 Va. 759, 761, 250 S.E.2d 760, 761 (1979)).
Framers Intent Bad
Framers intent is arbitrary and should be considered secondary to the best interpretation
Weaver 7 (Aaron, Ph.D. Candidate in Politics and Society Baylor University, An Introduction to Original
Intent, Fall, http://www.thebigdaddyweave.com/BDWFiles/originalism.pdf)

Discovering the original intent behind the religion clauses of the First Amendment is much more difficult than Edwin Meese,
Antonin Scalia or any other 21 Ibid, originalist wants to admit. Contrary to the revisionist history being pushed by originalists who desire
extensive government accommodation of religion, the founders did not always agree with one another. We simply can not
determine with sufficient accuracy the collective intent of the Founding Fathers and the Framers of the Free Exercise Clause and
the Establishment Clause of the First Amendment. Those scholars in search of original intent have returned with strikingly inconsistent
accounts of original intent. Thus, the originalism of Scalia, Meese, and Rehnquist is ambiguous at best and downright dishonest at worst. We do
not know nor can we be expected to accurately determine the intent or understanding of what the First Amendment meant to each person who
cast their vote. After all, delegates to the Constitutional Convention were voting on the text of the First Amendment, not Madisons writings or
the private correspondence of the Framers. The text of the First Amendment reigns supreme. Authorial intent must take a backseat
to the actual text. Justices should examine the text first and scour it for as much meaning as it will generate before
turning to extrinsic evidence of intent. However, original intent is hardly irrelevant but simply subordinate to the text. Extrinsic
evidence does not control the text. The text controls the text.
No impact to intent. The framers knowledge was far more limited than the communitys after months of
research. Their standard is outdated and prevents informed and progressive understanding.
Moore 85 (Michael, Professor of Law University of Southern California Law Center, Interpretation Symposium:
Philosophy of Language and Legal Interpretation: Article: A Natural Law Theory of Interpretation, University of
Southern California, 58 S. Cal. L. Rev. 279, January, Lexis)

My conclusion is that the text has a better claim to being called the "choice of the legislature" than do any legislative
materials. The political ideals of democracy and of institutional competence are thus better served by a court working from the text
alone and not from some "second text" unofficially adopted by some supposed, silent consensus of legislators. That
being so, and liberty and fairness also being better served by looking to the other ingredients in the theory of interpretation, I conclude that
legislative intent has no role to play in interpretation. This conclusion has been defended solely by using the rule of law virtues as
our normative guidelines. This conclusion is supported by the other set of considerations relevant here, namely, the kinds of effects an intent-
oriented theory of interpretation produces. Such a theory produces worse effects than its competitors because it imposes old
ideals upon us. In constitutional law this consideration is so compelling that it swamps all the others in importance. Better
that we fill out the grand clauses of the Constitution by our notions of meaning (evolving, as we have seen, in light of our developing theories
about the world), by our notions of morals, and by two hundred years of precedent. What the founders intended by their language should be of
relevance to us only as a heuristic device to enable us to think more clearly about our own ideals. The dead hand of the past ought not to
govern, for example, our treatment of the liberty of free speech, and any theory of interpretation that demands that it
does is a bad theory. This argument applies to statutory interpretation as well, although with somewhat diminished force. For guiding
one's statutory interpretations by legislative materials will be to judge by ideals as old as those [*358] materials. In the
Keeler case, for example, a 1970 decision was predicated on an 1850 statute, recodified in 1872. Using nineteenth-
century ideas of personhood to decide whether a fetus is a person is not a good idea in the twentieth century. We
have thought more about the problem, and we know more factually and morally than those who drafted the
commission report concluding that fetuses were not human beings. And even if we do not know more than they, we are as entitled to live
under our ideals of personhood as we are to live under our ideals of free speech. For old statutes, thus, the consequentialist arguments against
looking to framers' intent are as strong as they are for the Constitution. The meanings of words, the direction of precedent, and the
nature of goodness are all items about which we can have developing theories. Our admittedly imperfect knowledge
of each of these things can get better. A theory of interpretation built out of these materials thus can accommodate
change and development in our law by court interpretation. A theory emphasizing the enacting body's intention, on
the other hand, is glued to the past . Change can only come by constitutional or legislative amendment. Even apart from the rule of law
virtues, an intentionalist theory should be disfavored on this ground alone.
Grammar
Grammar outweighs --- it determines meaning, making it a pre-requisite to predictable ground and limits
and, without it, debate is impossible
Allen 93 (Robert, Editor and Director The Chambers Dictionary, Does Grammar Matter?)

Grammar matters, then, because it is the accepted way of using language, whatever ones exact interpretation of the term.
Incorrect grammar hampers communication, which is the whole purpose of language. The grammar of standard English
matters because it is a codification of the way using English that most people will find acceptable.
Limits Rowland
Limits outweigh theyre the vital access point for any theory impact --- its key to fairness --- huge research
burdens mean we cant prepare to compete and its key to education --- big topics cause hyper-generics, lack
of clash, and shallow debate --- and it destroys participation
Rowland 84 (Robert C., Debate Coach Baylor University, Topic Selection in Debate, American Forensics in
Perspective, Ed. Parson, p. 53-54)

The first major problem identified by the work group as relating to topic selection is the decline in participation in the National Debate
Tournament (NDT) policy debate. As Boman notes: There is a growing dissatisfaction with academic debate that utilizes a policy proposition.
Programs which are oriented toward debating the national policy debate proposition, so-called NDT programs, are diminishing in scope and
size.4 This decline in policy debate is tied, many in the work group believe, to excessively broad topics. The most obvious
characteristic of some recent policy debate topics is extreme breath. A resolution calling for regulation of land use literally and figuratively covers
a lot of ground. Naitonal debate topics have not always been so broad. Before the late 1960s the topic often specified a particular policy change.5
The move from narrow to broad topics has had, according to some, the effect of limiting the number of students who
participate in policy debate. First, the breadth of the topics has all but destroyed novice debate. Paul Gaske argues that
because the stock issues of policy debate are clearly defined, it is superior to value debate as a means of introducing students to the debate
process.6 Despite this advantage of policy debate, Gaske belives that NDT debate is not the best vehicle for teaching beginners. The problem is
that broad policy topics terrify novice debaters, especially those who lack high school debate experience. They are unable to
cope with the breadth of the topic and experience negophobia,7 the fear of debating negative. As a consequence, the
educational advantages associated with teaching novices through policy debate are lost: Yet all of these benefits fly out the window as rookies in
their formative stage quickly experience humiliation at being caugh without evidence or substantive awareness of the issues that confront them at
a tournament.8 The ultimate result is that fewer novices participate in NDT, thus lessening the educational value of the activity and limiting the
number of debaters or eventually participate in more advanced divisions of policy debate. In addition to noting the effect on novices, participants
argued that broad topics also discourage experienced debaters from continued participation in policy debate. Here, the claim is
that it takes so much times and effort to be competitive on a broad topic that students who are concerned with doing more
than just debate are forced out of the activity.9 Gaske notes, that broad topics discourage participation because of insufficient time to do
requisite research.10 The final effect may be that entire programs either cease functioning or shift to value debate as a way to
avoid unreasonable research burdens. Boman supports this point: It is this expanding necessity of evidence, and thereby research, which
has created a competitive imbalance between institutions that participate in academic debate.11 In this view, it is the competitive
imbalance resulting from the use of broad topics that has led some small schools to cancel their programs.
Precision
Precision is vital to meaningful debates about engagement
Resnick 1 Dr. Evan Resnick, Ph.D. in Political Science from Columbia University, Assistant Professor of Political
Science at Yeshiva University, Defining Engagement, Journal of International Affairs, Spring, 54(2), Ebsco

CONCLUSION
In matters of national security, establishing a clear definition of terms is a precondition for effective policymaking.
Decisionmakers who invoke critical terms in an erratic, ad hoc fashion risk alienating their constituencies. They also
risk exacerbating misperceptions and hostility among those the policies target. Scholars who commit the same error
undercut their ability to conduct valuable empirical research. Hence, if scholars and policymakers fail rigorously to
define "engagement," they undermine the ability to build an effective foreign policy.
Legal precisions outweighs limits and ground --- its a prerequisite to effective policy education
Shannon 2 Bradley Shannon, law at University of Idaho, January 2002 (Washington Law Review, 77 Wash. L.
Rev. 65, Lexis

The first answer to this question is, why should we not care? If proper terminology (of whatever type) is readily available and comprehendible,
why should one not want to use it? Does one really need a reason for not misusing any word, technical or otherwise? In other words, though
many misuses of Rules terminology might not seem to cause serious problems, surely that is not an argument in favor of a
disregard of proper Rules terminology, particularly where the cost of using proper terminology is negligible. 79
The second answer to the question why we should care about the use of proper Rules terminology goes to the cost of using improper
terminology even in seemingly trivial contexts. Understanding legal concepts is difficult enough without the confusion
created when an inappropriate term is used to represent those concepts. And this is true regardless of how minor the
misuse. In some sense, every misuse of legal language impedes the understanding - and, consequently, the progress - of the law.
A2: Aff Flexibility
Strict limits enablecreativity. Beauty emerges from identifying constraints and working within them.
Flood 10 (Scott, BS in Communication and Theatre Arts St. Josephs College, School Board Member Plainfield
Community School Corporation, and Advertising Agent, Business Innovation Real Creativity Happens Inside the
Box, http://ezinearticles.com/?Business-Innovation---Real-Creativity-Happens-Inside-the-Box&id=4793692)

It seems that we can accomplish anything if we're brave enough to step out of that bad, bad box, and thinking "creatively" has come to
be synonymous with ignoring rules and constraints or pretending they just don't exist. Nonsense. Real creativity is put to the test
within the box. In fact, that's where it really shines. It might surprise you, but it's actually easier to think outside the box than within
its confines. How can that be? It's simple. When you're working outside the box, you don't face rules, or boundaries, or assumptions.
You create your own as you go along. If you want to throw convention aside, you can do it. If you want to throw proven practices out the
window, have at it. You have the freedom to create your own world. Now, I'm not saying there's anything wrong with thinking outside the box.
At times, it's absolutely essential - such as when you're facing the biggest oil spill in history in an environment in which all the known approaches
are failing. But most of us don't have the luxury of being able to operate outside the box. We've been shoved into reality, facing a variety of
limitations, from budgets, to supervisors' opinions and prejudices, to the nature of the marketplace. Even though the box may have been given a
bad name, it's where most of us have to spend our time. And no matter how much we may fret about those limits, inside that box is where we
need to prove ourselves. If you'll pardon the inevitable sports analogy, consider a baseball player who belts ball after ball over 450
feet. Unfortunately, he has a wee problem: he can't place those hits between the foul lines, so they're harmful strikes instead of
game-winning home runs. To the out-of-the-box advocates, he's a mighty slugger who deserves admiration, but to his teammates and the fans,
he's a loser who just can't get on base. He may not like the fact that he has to limit his hits to between the foul poles, but that's one of
the realities of the game he chose to play. The same is true of ideas and approaches. The most dazzling and impressive tactic is
essentially useless if it doesn't offer a practical, realistic way to address the need or application. Like the baseball player, we may not
like the realities, but we have to operate within their limits. Often, I've seen people blame the box for their inability or unwillingness to
create something workable. For example, back in my ad agency days, I remember fellow writers and designers complaining about the limitations
of projects. If it was a half-page ad, they didn't feel they could truly be creative unless the space was expanded to a full page. If they were given a
full page, they demanded a spread. Handed a spread, they'd fret because it wasn't a TV commercial. If the project became a TV commercial with
a $25,000 budget, they'd grouse about not having a $50,000 budget. Yet the greatest artists of all time didn't complain about what
they didn't have; they worked their magic using what they did. Monet captured the grace and beauty of France astonishingly
well within the bounds of a canvas. Donatello exposed the breathtaking emotion that lurked within ordinary chunks of
marble. And I doubt that Beethoven ever whined because there were only 88 keys on the piano. Similarly, I've watched the
best of my peers do amazing things in less-than-favorable circumstances. There were brilliant commercials developed with minimal budgets and
hand-held cameras. Black-and-white ads that outperformed their colorful competitors. Simple postcards that grabbed the attention of (and
business from) jaded consumers. You see, real creativity isn't hampered or blocked by limits. It actually flowers in response to challenges. Even
though it may be forced to remain inside the box, it leverages everything it can find in that box and makes the most of every bit of it. Real
creativity is driven by a need to create. When Monet approached a blank canvas, it's safe to say that he didn't agonize
over its size. He wanted to capture something he'd seen and share how it looked through his eyes. The size of the canvas was incidental to his
talent and desire. Think about the Apollo 13 mission. NASA didn't have the luxury of flying supplies or extra tools to the crew. They
couldn't rewrite the laws of physics. Plus, they faced a rapidly shrinking timeline, so their box kept getting smaller and less forgiving. And
yet they arrived upon a solution that was creative; more important, that was successful. The next time someone tells you that
the real solution involves stepping outside the box, challenge him or her to think and work harder . After all, the best
solution may very well be lurking in a corner of that familiar box.
A2: Breadth Good
Depth is more educational than breadth --- studies prove
WP 9 (Washington Post, Will Depth Replace Breadth in Schools? http://voices.washingtonpost.com/class-
struggle/2009/02/will_depth_replace_breadth_in.html)

The truth, of course, is that students need both. Teachers try to mix the two in ways that make sense to them and their students. But a
surprising study certain to be a hot topic in teacher lounges and education schools is providing new data that suggest
educators should spend much more time on a few issues and let some topics slide. Based on a sample of 8,310 undergraduates, the
national study says that students who spend at least a month on just one topic in a high school science course get better grades in a freshman college course in that
subject than students whose high school courses were more balanced. The study, appearing in the July issue of the journal Science Education, is Depth Versus
Breadth: How Content Coverage in High School Science Courses Relates to Later Success in College Science Coursework. The authors are Marc S. Schwartz of the
University of Texas at Arlington, Philip M. Sadler and Gerhard Sonnert of the Harvard-Smithsonian Center for Astrophysics and Robert H. Tai of the University of
Virginia. This is more rich ore from a goldmine of a survey Sadler and Tai helped organize called Factors Influencing College Science Success. It involved 18,000
undergraduates, plus their professors, in 67 colleges in 31 states. The study weighs in on one side of a contentious issue that will be getting national attention this
September when the College Boards Advanced Placement program unveils its major overhaul of its college-level science exams for high school students. AP is
following a direction taken by its smaller counterpart, the International Baccalaureate program. IB teachers already are allowed to focus on topics of their choice.
Their students can deal with just a few topics on exams, because they have a wide choice of questions. APs exact approach is not clear yet, but College Board
officials said they too will embrace depth. They have been getting much praise for this from the National Science Foundation, which funded the new study. Sadler and
Tai have previously hinted at where this was going. In 2001 they reported that students who did not use a textbook in high school physicsan indication that their
teachers disdained hitting every topic achieved higher college grades than those who used a textbook. Some educators, pundits, parents and students will object, I
suspect, to sidelining their favorite subjects and spending more time on what they consider trivial or dangerous topics. Some will fret over the possibility that teachers
might abandon breadth altogether and wallow in their specialties. Even non-science courses could be affected. Imagine a U.S. history course that is nothing but lives
of generals, or a required English course that assigns only Jane Austen. Depth Versus Breadth analyzes undergraduate answers to detailed questions about their high
school study of physics, chemistry and biology, and the grades they received in freshman college science courses. The college grades of students who
had studied at least one topic for at least a month in a high school science course were compared to those of students who did not
experience such depth. The study acknowledges that the pro-breadth forces have been in retreat. Several national
commissions have called for more depth in science teaching and other subjects. A 2005 study of 46 countries found that
those whose schools had the best science test scores covered far fewer topics than U.S. schools.
Especially for high school students
SD 9 (Science Daily, Students Benefit From Depth, Rather Than Breadth, In High School Science Courses,
http://www.sciencedaily.com/releases/2009/03/090305131814.htm)

A recent study reports that high school students who study fewer science topics, but study them in greater depth, have an
advantage in college science classes over their peers who study more topics and spend less time on each. Robert Tai, associate
professor at the University of Virginia's Curry School of Education, worked with Marc S. Schwartz of the University of Texas at Arlington and
Philip M. Sadler and Gerhard Sonnert of the Harvard-Smithsonian Center for Astrophysics to conduct the study and produce the report. The study
relates the amount of content covered on a particular topic in high school classes with students' performance in college-level science classes. "As
a former high school teacher, I always worried about whether it was better to teach less in greater depth or more with no real depth. This study
offers evidence that teaching fewer topics in greater depth is a better way to prepare students for success in college science,"
Tai said. "These results are based on the performance of thousands of college science students from across the United States." The 8,310 students
in the study were enrolled in introductory biology, chemistry or physics in randomly selected four-year colleges and universities. Those who
spent one month or more studying one major topic in-depth in high school earned higher grades in college science than their peers who studied
more topics in the same period of time. The study revealed that students in courses that focused on mastering a particular topic were impacted
twice as much as those in courses that touched on every major topic. The study explored differences between science disciplines, teacher
decisions about classroom activities, and out-of-class projects and homework. The researchers carefully controlled for differences in student
backgrounds. The study also points out that standardized testing, which seeks to measure overall knowledge in an entire discipline, may not
capture a student's high level of mastery in a few key science topics. Teachers who "teach to the test" may not be optimizing their students'
chance of success in college science courses, Tai noted. "President Obama has challenged the nation to become the most educated
in the world by having the largest proportion of college graduates among its citizens in the coming decade," Tai said. "To meet this
challenge, it is imperative that we use the research to inform our educational practice." The study was part of the Factors
Influencing College Science Success study, funded by the National Science Foundation.