Utnif topicality 2017

Regulation = Agency

1NC General

“Regulations” are issued by regulatory agencies under executive and legislative jurisdiction

Two kinds of regulatory agencies exist at the federal level in the United States. Many regulatory agencies are actually part of the executive branch and their top officials are hired and can be fired by the President. These include agencies, such as the Environmental Protection Agency, the various agencies that regulate transportation within the Department of Transportation, and any position within a Cabinet department. All these regulatory agencies are directly responsible to the President

“Funding” must be done by congress

Violation – The aff uses the courts

Vote neg

Limits – there are thousands of courts cases related to education

Ground – courts debates have different disad/cp scenarios which limit out core generics

2NC Interp Ext

Regulation excludes Congress, it’s exclusively agency action under delegated authority

In the narrow sense, regulation is a specific form of subordinate or delegated legislation that is derived from statute. Legislative authority to create this form of law is generally delegated to Cabinet, an individual or to a body (Pal 2014). Unlike statutes, which must be debated and passed by the legislative branch of government, regulations carry the weight of law, but are more nimble. Not subject to the legislative session, regulations are developed and assented to by the delegated body granted the authority to create them.

The Department of Education has empirically done education reform and funding

1. The Department of Education— establishes policies relating to federal financial aid for education, administers distribution of those funds and monitors their use. Like most federal activities, Department of Education programs must first be authorized by Congress through legislation that is signed into law by the president. The Department then develops regulations that determine exactly how a program will be operated. These regulations are published in the Federal Register for public comment and reviewed by Congress. Congress must also vote to appropriate the money that each program will receive annually.

“Regulation” must involve agency action

“Regulation” refers to agency actions

“Regulation” must be created by agencies and cannot be an act of Congress

When we hear that something is against the law, we generally don't question where the law comes from. But 'the law' can mean a lot of things, from general ideas about jurisprudence all the way down to a written ordinance. And while the words 'law' and 'regulation' are often used interchangeably, they can refer to very distinct things.

Letter of the Law

For example, in response to the stock market crash of 1929, Congress passed the Securities and Exchange Act of 1934 in an effort to curb securities fraud and insider trading. The Act is codified in the United States Code as Title 15, Section 78a, and, among other things, prohibits the disclosure of false or misleading information related to securities transactions. The Securities and Exchange Act also created the Securities and Exchange Commission, tasked with enforcing federal securities laws.

Rules of Regulations

Regulations, on the other hand, are standards and rules adopted by administrative agencies that govern how laws will be enforced. So an agency like the SEC can have its own regulations for enforcing major securities laws. For instance, while the Securities and Exchange Act prohibits using insider or nonpublic information to make trades, the SEC can have its own rules on how it will investigate charges of insider trading.

Like laws, regulations are codified and published so that parties are on notice regarding what is and isn't legal. And regulations often have the same force as laws, since, without them, regulatory agencies wouldn't be able to enforce laws.

“Regulation” is delegated legislation made pursuant to statute

Finally, regulation is often defined to encompass only delegated legislation, or rules that are made pursuant to powers granted in a parent statute (Ogus, 1994; Law Reform Commission 1986). This more limited view of regulation as delegated legislation or as "the regs" may or may not include such other rule-like creations as the promulgation of guidelines, codes, rule of procedures, and voluntary codes (Grabosky 1995).

2NC Violation – Must Be Uniform

Regulations are exclusively prescribed and carried out by the DOE and/or Secretary of Education and must be binding across all 50 states

§ 1232. Regulations

(a) "Regulation" defined. For the purpose of this section, the term "regulation" means any generally applicable rule, regulation, guideline, interpretation, or other requirement that--

(1) is prescribed by the Secretary or the Department; and

(2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable program.

(b) Citation of authority. Regulations shall contain, immediately following each substantive provision of such regulations, citations to the particular section or sections of statutory law or other legal authority on which such provision is based.

(c) Uniform application. All regulations shall be uniformly applied and enforced throughout the 50 States.

2NC Violation – Excludes Courts

Legal definitions exclude the courts---regulation is done by agencies, not courts---and they are prophylactic not remedial

Even with the broad methodological and substantive diversity reflected in the essays reproduced in this volume, those that we have selected still do not adequately represent the entire range of social scientific approaches to the study of regulation, or the entire range of social control processes that might be considered spheres of ‘regulation’. All branches of law – criminal law, contract law, tort law, traffic law and so on – have some regulatory function, for they are designed to deter behaviours that have been politically defined as harmful or antisocial, and thereby to encourage socially responsible behaviour. But in conventional legal discourse, which we used in our selection criteria for this volume, the term ‘regulation’ has been reserved for bodies of law that are elaborated through the promulgation of specialized rules, enforced by government agencies and aimed at the behaviour of business firms, other large organizations, and professional service providers. Whereas criminal and civil law typically are enforced via prosecutions and lawsuits against alleged violators, brought after a harmful act or omission has occurred, regulation is primarily prophylactic in purpose, designed to prevent harmful actions before they occur. Furthermore, unlike civil law enforcement, where the initial costs are borne by injured parties who must gather evidence and hire lawyers, in regulatory programmes (as in the enforcement of criminal law by police departments) the government shoulders the cost of investigation and prosecution of complaints.

Excludes Courts

For the purposes of this section, a regulation is defined as "any generally applicable rule, regulation, guideline, interpretation, or other requirement" that is prescribed by the Secretary or ED and that is legally binding with respect to an applicable program. Regulations must contain citations to the particular section of statutory law or other legal authority upon which relevant provisions are based, and all regulations must be uniformly applied and enforced in all 50 states. Although the Administrative Procedure Act, which establishes the process that agencies must follow when enacting regulations, contains an exemption for matters pertaining to public property, loans, grants, and benefits,14 GEPA specifies that this exemption shall apply only to regulations that govern the first grant competition under a new or substantially revised program or if the Secretary determines that the requirements of this subsection will cause "extreme hardship" to the program beneficiaries affected by the regulations.

2NC Interp Ext

Administrative Agencies, the legislative branch, and the executive solely issue regulation

Legal definitions exclude the courts---regulation is done by agencies, not courts---and they are prophylactic not remedial

Even with the broad methodological and substantive diversity reflected in the essays reproduced in this volume, those that we have selected still do not adequately represent the entire range of social scientific approaches to the study of regulation, or the entire range of social control processes that might be considered spheres of ‘regulation’. All branches of law – criminal law, contract law, tort law, traffic law and so on – have some regulatory function, for they are designed to deter behaviours that have been politically defined as harmful or antisocial, and thereby to encourage socially responsible behaviour. But in conventional legal discourse, which we used in our selection criteria for this volume, the term ‘regulation’ has been reserved for bodies of law that are elaborated through the promulgation of specialized rules, enforced by government agencies and aimed at the behaviour of business firms, other large organizations, and professional service providers. Whereas criminal and civil law typically are enforced via prosecutions and lawsuits against alleged violators, brought after a harmful act or omission has occurred, regulation is primarily prophylactic in purpose, designed to prevent harmful actions before they occur. Furthermore, unlike civil law enforcement, where the initial costs are borne by injured parties who must gather evidence and hire lawyers, in regulatory programmes (as in the enforcement of criminal law by police departments) the government shoulders the cost of investigation and prosecution of complaints.

Regulation = Binding

1NC General

A regulation creates a mandatory standard of behavior. A policy statement is distinct – it’s an agency’s interpretation which a court may accept or reject and has no binding norm

A statement of policy may set "forth substantive or procedural . . . property rights, . . . duties, liabilities or obligations . . ., and includes,. . . any document interpreting or implementing any act of Assembly enforced or administered by such agency." Section 102 of the Commonwealth Documents Law, 45 P. S. § 1102.

As emphasized by the Supreme Court of Pennsylvania in Pennsylvania Human Relations Commission v. Norristown Area School District, 473 Pa. 334, 374 A.2d 671 (1977),

[t]he critical distinction between a substantive rule and a general statement of policy is the different practical effect that these two types of pronouncements have in subsequent administrative proceedings. . . . A properly adopted substantive rule establishes a standard of conduct which has the force of law. . . . The underlying policy embodied in the rule is not generally subject to challenge before the agency.

A general statement of policy, on the other hand, does not establish a 'binding norm'. . . . A policy statement announces the agency's tentative intentions for the future. When the agency applies the policy in a particular situation, it must be prepared to support the policy just as if the policy statement had never been issued.

Violation – the affirmative is not binding

Voting issue

2NC Interp Ext

“Regulation” is direct, binding control---broadening it makes the entire field of law topical

2.2 Scope and distinctiveness of the intervention

These narrow and broad conceptions are reflected in the distinction between regulation as “the promulgation of an authoritative set of rules” and as “all the efforts of state agencies to steer the economy” (Baldwin et al. 1998, p. 3). Whereas the former only includes direct intervention, the latter incorporates both direct and indirect forms of intervention. The authors indicate that if we use a broad conception, we can no longer view regulation as a distinctive form of governance (Baldwin et al. 1998, p. 4). The advantage is that “a variety of tools are considered as possible alternatives to traditional ‘command and control’ type regulation […] so that where rulemaking seems to be inappropriate as a means for achieving policy objectives, other tools may be used” (Baldwin et al. 1998, p. 3). A broad conception can, for instance, be found in the work of Breyer, who distinguishes between “classical regulation” – which is of a command-and-control nature – and “alternatives to classical regulation,” which include less restrictive interventions, such as taxation and the use of disclosure requirements (Breyer 1982, Ch. 8). For Breyer, distinguishing between “ ‘regulatory’ action” and “the entire realm of governmental activity” is both difficult and subject to controversy (1982, p. 7).

Stigler (1971) and Mitnick (1980) also advance broad conceptions. Stigler uses the term regulation to refer to a range of policy instruments that can be used to affect business behavior, including market entry control, price setting, taxes, and tariffs (1971, pp. 3–6). Mitnick is primarily concerned with regulation as “the public administrative policing of a private activity with respect to a rule prescribed in the public interest” (1980, p. 7), but emphasizes that “it is possible to distinguish both directive and incentive means, e.g. administrative standards vs. effluent charges or subsidies as means or regulation” (1980, p. 6).

According to Noll, however, such a broad conception makes scholars, government officials, and business people uncomfortable (Noll 1980, p. 14). Emphasizing the importance of conceptual familiarity, Noll conceives regulation as only one of the methods that governments use to control private-sector economic activities (1985, p. 9). As “regulation is not just what regulators do, it is also how they do it,” regulation is characterized by the role of administrative law and procedural rules (Noll 1980, pp. 16–17). Hence, regulation is a method of control where a government agency is assigned the task of “writing rules constraining certain kinds of private economic decisions, using a quasi-judicial administrative process to develop these rules” (Noll 1985, p. 9).

‘Regulation’ is binding

The term ‘regulation’ generally refers to a set of binding rules issued by a private or public body with the necessary authority to supervise compliance with them and apply sanctions in response to violation of them.

2NC Legal Force

Regulation is defined as having the force of law

California Government Code § 815.6 provides as follows: "Where a public entity is under a mandatory duty imposed by an enactment that is designed to protect against the risk of a particular kind of injury, the public entity is liable for an injury of that kind proximately caused by its failure to discharge the duty unless the public entity establishes that it [*77] exercised reasonable diligence to discharge the duty." Plaintiff's tenth claim under this statute is based upon the allegation that Defendants breached various duties owed to her under several enactments, including 42 U.S.C. § 1983, California Constitution, article I, section 1 (right to privacy), the Fourth Amendment to the United States Constitution, and the Federal Fair Housing Act, 42 U.S.C. §§ 3604, 3617. Liability may be imposed on a public entity pursuant to section 815.6 if three factors are met: "'(1) an enactment must impose a mandatory, not discretionary, duty; (2) the enactment must intend to protect against the kind of risk of injury suffered …; and (3) breach of the mandatory duty must be a proximate cause of the injury suffered.'" MacDonald v. California, 230 Cal.App.3d 319, 327, 281 Cal. Rptr. 317 (1991) (quoting California v. Superior Court, 150 Cal.App.3d 848, 854, 197 Cal. Rptr. 914 (1984)). For purposes of section 815.6, an enactment includes a constitutional provision, statute, ordinance, or regulation. See Cal. Gov't Code § 810.6. A regulation is defined as "a rule, regulation, order or standard, having the force of law, adopted by an employee or agency of the United States pursuant to the federal Administrative [*78] Procedures Act." Cal. Gov't Code § 811.6. "A mandatory duty must impose an affirmative duty to take action or carry out measures." Bowden v. Redwood Institute for Designed Education, Inc., 1999 U.S. Dist. LEXIS 2881, 1999 WL 138889. *6 (N.D. Cal. March 9, 1999)(citing Clausing v. San Francisco Unified School Dist., 221 Cal.App.3d 1224, 1240, 271 Cal. Rptr. 72 (1990)). The assertion of a right or prohibition "without specific rules and guidelines for implementation of that right or prohibition cannot create a mandatory duty." See id.

Regulation requires ‘legal force

It means to bring under control of law

“Restriction” means binding control---expanding it to all government influence explodes the topic

Especially in those cases where public services have been liberalized or privatized, regulation represents the main instrument at the disposal of public authorities to achieve this aim. Before proceeding with the analysis, it is worth observing that the notion of 'regulation’ has an uncertain legal meaning, at least under international law. This chapter will use the term in a broad sense, encompassing all the measures taken by public authorities in order to "influenc[e], control[...] and guide economic or other private activities with impact on others".- with the aim of achieving specific socio-economic policy objectives.3 It must be highlighted that the term "public authorities' is meant to cover not just central authorities, but also independent agencies or bodies, as well as local authorities, which, as it will be seen later on, play a major role in the regulation of public services.

A distinction is often made between economic and social regulation, depending on the objectives it pursues.4 Economic regulation mainly aims at correcting market failures* that, according to the neo-classical economic theory, may lead to an inefficient allocation of resources if not properly regulated. Some of these failures6 are particularly relevant with regard to public services, as it is the case of natural monopolies. Indeed, the supply of public services often require the existence of expensive network infrastructure that cannot be duplicated so to allow the entry of new competitors. Therefore, there is the need to avoid that the provider could exploit its monopolistic power, by. for instance, charging excessive fees to end-users.

Regulation performs functions that go beyond the correction of market failures, as it may address distortions that occur even in cases where the market works properly. Indeed, economic efficiency does not ensure a fair distribution of costs and benefits and. consequently, there is the need for the Stale to intervene in order to ensure that public services might contribute to the achievement of fundamental social objectives. This may occur through the imposition of public service obligations upon the provider or the providers. These obligations, which may take different forms and which may have different scopes, are generally geared toward ensuring uffordabilily, geographical coverage and quality of public services' supply.8

“Regulations” are government requirements where non-compliance is penalized

Businesses complain about regulation incessantly, but many citizens, consumer advocates, and nongovernmental organizations (NGOs) think it absolutely necessary to protect the public interest. What is regulation? Why do we have it? How has it changed? This article briefly provides some answers, concentrating on experience with regulation in the United States.

“Regulations” must control by rule or restriction

B. Responses to Information Imperfections

While the term "regulation" generally refers to the use of rules - Black's Law Dictionary defines "regulation" as "the act or process of controlling by rule or restriction" - and often to government entities' use of rules, it is frequently used more broadly in the health care context. n15 Professor Michelle Mello, Carly Kelly, and Professor Troyen Brennan, for example, have defined regulation "to include any organized and deliberate leveraging of power or authority to effect changes in the behavior of health care providers." n16 This Article also uses the term "regulation" and its variants broadly to include any measure intended to intervene in the relationship between a health care provider and a consumer-patient by mandating, incentivizing, or facilitating an action by one party that might affect the nature of its relationship with the other. This definition is intended to capture all measures undertaken by third parties, whether public or private, that have the ultimate aim of altering the quality of care that providers deliver to patients. n17

It must be legally binding

The test is whether there’s explicit punishment for non-compliance

Defining regulation

Regulations relate to fiscal and tax issues, employment legislation, environmental policy, etc. The OECD (1994) defines `regulation' as:

``...A set of `incentives' established either by the legislature, Government, or public administration that mandates or prohibits actions of citizens and enter- prises ... .Regulations are supported by the explicit threat of punishment for non-compliance.''

2NC Limits

Expanding “regulation” beyond control to anything that influences behavior makes the topic endless

A. Difficulties in Defining Regulation

2NC Predictability

Our interpretation is most predictable---scholarly consensus agrees that binding control is a prototypical element of “regulation”

Abstract

Prefer our evidence: it’s most recent and grounded in empirically-driven and methodologically-innovative research

1 Introduction

What our approach has in common with conventional concept analysis is the assessment of influential definitions in the field, and the identification of key conceptual questions. While scholars normally use such assessment to position their own definition in the field, we draw on it to develop the analytical framework for our empirical analysis. For each conceptual question, we analyze empirically whether, and to what extent, there are commonalities in the answers provided by the articles we selected. This implies that if some definition is identified, it is done on the basis of a systematic analysis of the answers to the questions offered in the literature, rather than by us.

2NC Precision

Their interpretation blurs “regulation” into the larger categories of policy and governance, which undermines precise topic-specific education

5 Discussion

What can we now say about the concept? As noted, most articles in our sample did not explicitly define regulation. Our study has, therefore, relied on a process of careful reading, coding, and comparing. Although there are many “maybe” answers, some features stand out. First, regulation is seen as an intentional form of intervention by public-sector actors in economic activities. Private-sector regulators and non-economic activities feature less prominently but still attract attention. Far less attention is paid to public regulatees; hardly any attention is attributed to whether regulation requires organizational separation of regulator and regulatee. Finally, no major disciplinary differences are observed in the way regulation is conceptualized.

Depending on how much importance we wish to attribute to the main concerns of the articles we assessed, we can distinguish two types of definitions that cut across disciplines – an essence-based and a pattern-based definition of regulation. These definitions are not meant to resolve debates once and for all, but they give insight into the conceptualization of regulation in the literature. First, an essence-based definition aims to capture the minimal essence of the concept. It is a classical definition in the sense that it includes – and solely includes – those elements without which regulation loses its identity; that is, those elements that need to be present for a phenomenon to qualify as regulation (Collier & Mahon Jr. 1993). In our study, it excludes those elements that scholars have explicitly excluded from regulation, while incorporating those where the balance is toward inclusion. Accordingly, regulation can be defined as the intentional intervention in the activities of a target population. The intervention, which this definition refers to, can be direct and/or indirect, the activities can be economic and/or non-economic, the regulator may be a public-sector or private-sector actor, and the regulatee may equally be a public-sector or private-sector actor.

This definition allows us to distinguish between instances of regulation and instances that do not fall into that category – primarily, instances of non-intentional intervention and instances where no intervention is involved. However, the minimal definition leads to a rather broad conception of regulation, which makes it hard to distinguish it from the concept of policy. The latter has, for instance, been defined as “intentional action by actors who are most interested in achieving policy outcomes” (Scharpf 1997, p. 36). Defined broadly, regulation may seem to be little more than a substitute for policy. Similarly, regulation may resemble the concept of governance: the essence-based definition does not allow us to regard regulation – and regulatory governance – as a subcategory of governance (see Braithwaite et al. 2007). We should perhaps not be surprised to find that a classical definition is characterized by a high level of abstraction: if the literature has an interest in a wide range of manifestations of a phenomenon called regulation, there can only be agreement on a limited set of constitutive conceptual elements. As Sartori (1970) emphasizes, increases in the number of referents and decreases in the number of elements go hand in hand.

Accepting that regulation has a wide range of referents is not to say that all referents are equally prominent. Our pattern-based definition is not less inclusive than the essence-based one, but it gives insight into the manifestations which regulation scholars are mainly concerned with, and which we consider more central to the concept. Attributing more importance to the variation in emphasis of studies, regulation can be defined as intentional intervention in the activities of a target population, where the intervention is typically direct – involving binding standard-setting, monitoring, and sanctioning – and exercised by public-sector actors on the economic activities of private-sector actors.

Regulation = Compulsory

1NC General

“Education regulation’’ is compulsory measures designed to enhance performance of students and schools---it requires evaluation to test compliance

According to Demailly (2004), the obligation of results in education arises in France in the 1980s, linked to the New Public Management, and can be found under other names, such as accountability. It represents a set of global strategies of educational services in view of the need to adjust them to the requirements of international financial organizations of more effectiveness and suitability to the economic demands of capitalism. It is part of a context of change in education systems and in the rhetoric of management administration, predicting its success and effectiveness. In this case, the educational regulation for results is more flexible as to the processes and enhances autonomy in action execution, but it is rigid as to control through outcome evaluation. It comprises a set of compulsory measures aiming to produce goals and it relies on evaluation systems and indicators established to measure performance, as well as ranking lists of schools as Lessard (2009) points out. This is a common policy in the United States (government-based-accountability), with standardized programs and external certification exams putting pressure on the performance of students and schools. According to Maroy (2010), in regulation by results the tools of action coordination and evaluation are defined centrally, with the goals and outcomes established in advance. In such context, there is a clear influence of the measures taken in international circumstances, representing a modality called transnational regulation, i.e., the set of tools (procedures, techniques, different materials) that are produced and circulate in international forums, in the field of education, and that being considered legitimate, are adopted by politicians in various countries in their educational systems (BARROSO, 2006). One example of such tools is the Programme for International Students Assessment (PISA), conducted by the Organization for Economic Cooperation and Development (OECD), which serves as a tool to compare the equity and efficiency of education systems. According to Lessard (2009), it is possible to talk about the instrumentalization of political action to characterize the set of measures which allow operationalizing changes in education systems under this approach. In a sense, education policies are subordinate to the economic logic, with the implementation of models of control and effectiveness of education systems.

Vote neg –limits and ground – measuring and ensureing an outcome guarantees affs have a significant enough effect to enable link ground and provide predictable limits

2NC Precision

Strict clarity on the definition of “regulation” is key to topic and legal education

People hold strong views about regulation, but do they know what “regulation” means? National Federation of Independent Business (“NFIB”)1 is a milestone in regulation jurisprudence, yet the NFIB Court was divided over the meaning of the term “to regulate.” Disagreeing on whether Congress has authority to mandate minimum health insurance coverage, the Justices presented two opposite, yet firm views about whether the phrase “to regulate” can mean to require activities.2 This fundamental disagreement led the Justices to a debate about the question whether a health insurance mandate is equivalent to “address[ing] the diet problem by ordering everyone to buy vegetables.”3

During the past century, substantial resources have been invested in the politics and scholarship of regulation (see Figure 1).4 Nonetheless, the term “regulation” appears to escape a clear definition. 5 Although regulation has been one of the most controversial topics in law and politics, it has also been one of the most misunderstood concepts in modern legal thinking.

The evasive nature of the term “regulation” is largely a product of confusion between two unrelated matters—the abstract concept of regulation and opinions about the desirable scope of regulatory powers or desirable regulatory policies. People intuitively understand the word “regulation” to mean government intervention in liberty and choices—through legal rules that define the legally available options and through legal rules that manipulate incentives. But too often, ideologies and preexisting beliefs dictate perceptions as to what intervention means and whether intervention is needed. This pattern results in inconsistent preferences for regulation and obscures the understanding of the term. It is not uncommon that individuals who express contempt of government regulation are proponents of intrusive regulation that serves their values,8 while individuals who advocate for government regulation reject notions of regulatory tradeoffs.9 The Supreme Court’s debate over the meaning of the phrase “to regulate” in NFIB illuminates the phenomenon.10 Scholars who grappled with the meaning of the term “regulation” produced various definitions for the meaning of intervention or followed the path of using their own personal beliefs to explain the concept, indirectly creating informal definitions.

A few examples of the confusion between perceptions of regulation and the understanding of the concept as government intervention may be helpful.

Regulation = Not Incentives

1NC General

Regulation is categorically distinct from incentives

Regulation, as an instrument, can be defined both broadly and quite narrowly. In the broad sense, regulation is understood to be a mechanism for compelling action, in contrast to other strategies such as information, [*265] facilitation or incentives (Balch 1980). Regulation consists of "rules of behaviour backed by the direct sanctions and penalties of the state" (Doern and Phidd 1983:306), and can be used both to limit or promote activities (Lemaire 2007). Broad definitions of regulation as a policy instrument can also encompass other rule-like levers that involve government sanctions, including 'guidelines' or 'standards' (Doern and Phidd 1983:307). In this way, regulation is defined as a distinct category of policy instrument: the stick and not the carrot of policy design.

2NC Reg = Not Incentives

Regulation requires a penalty for non-compliance

The term "regulation" has many different meanings, In an abstract a regulation is a rule or norm that is designed to influence a change in an actor's behaviour More technically, a regulation is often defined as a form of subordinate legislation. However, more recently, regulation has become synonymous with a phenomenon known as the delegation of governance powers to specialised institutional bodies, both within and beyond the nation state, that administer specialised bodies of rules. In this chapter, the term "regulation" is used to describe a discrete "system of law" (Feaver 2006). Several criteria define What constitutes a specialised law system With regulatory characteristics. These criteria Include: a specific or specialised body of substantive and procedural rules; an organisational framework and construct that is given the responslbility and delegated governance powers to administer those rules, some form of in-built mechanism to compel compliance with the rules; provision for enforcement and penalty in the case of non-compliance.

Regulation = Broad

C/I Includes Courts

Courts can do regulations

Lawyers frequently use the word “regulation” in reference to rules of administrative agencies. This habit tracks the executive branch’s terminology.14 For example, Executive Order 12,866, which requires federal agencies to engage in cost-benefit analysis when “deciding whether and how to regulate,” defines “regulation” as “an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency.”15 This meaning of the word mirrors another common perception of the term “regulation,” but surely does not capture the entire spectrum of regulatory instruments. Much of our regulatory landscape does not originate in administrative agencies.1

C/I Includes Guidance

“Regulation” includes guidance documents

“Regulation” includes internal agency guidance

n1 There is no widely accepted definition of regulation. The Office of Management and Budget (OMB) defines regulation as a statement by an agency to implement, interpret, or prescribe law or policy or to describe the procedure or practice of an agency. See OMB, Report to Congress on the Costs and Benefits of Federal Regulation 24 (1997). The federal government and the states use similar definitions to establish requirements for the analysis and review of administrative rule making. Therefore, although regulations are generally perceived as agency rules that constrain the behavior of individuals or business, the legal definition of regulation also includes internal agency management. In this paper, the terms "regulation" and "rule" are used interchangeably.

“Regulations” can be created internally without notice-and-comment

n108. References to "regulations" in Subtitle A of the Code are commonly understood to trigger the procedural notice-and-comment requirements of § 553. See infra note 112. The word "regulation," by itself, might not necessarily require an agency to prescribe rules through the notice-and-comment process. For example, various statutes in Subtitle F of the Code instruct the Secretary to issue "regulations" pertaining to agency organization, and the Secretary can fulfill the statutory mandate without observing the notice-and-comment process. See discussion supra note 99 (noting the limited exceptions of § 553). Although some statutory contexts use "rules" and "regulations" interchangeably, this probably is not true of the Internal Revenue Code - the Treasury does attach some significance to the word "regulations." See 26 C.F.R. § 601.601(a)(1) (2006) ("Internal revenue rules take various forms. The most important rules are issued as regulations and Treasury decisions prescribed by the Commissioner and approved by the Secretary or his delegate."). Thus, the statutory term "regulation," when found in Subtitle A of the Code, will almost always indicate that the Secretary must proceed by notice-and-comment rulemaking, although the analytical underpinning of this conclusion is not totally clear. See also infra note 112.

C/I Interpreting Law

Regulation includes any definition used to interpret the law

Moreover, even if we were to agree with Professor Asimow that the Legislature did not consider interpretive regulations to be "quasi-legislative," an agency would arguably still have to adopt these regulations in accordance with the rulemaking procedures of the APA. Government Code section 11346 states that APA rulemaking procedures apply "to the exercise of any quasi-legislative power"; however, the statute does not state the opposite, i.e., that the rulemaking procedures do not apply when an agency adopts rules that are not quasi-legislative. On the other hand, Government Code section 11340.5 makes clear that the rulemaking procedures of the APA apply to any "regulation," and the definition of regulation includes "every rule ... adopted ... to ... interpret ... the law ..." (i.e., interpretive regulations). (Gov. Code, § 11342, subd. (g), italics added.) If the Legislature did not intend the APA to apply to interpretive regulations, we do not think it would have expressly included interpretive regulations in this definition. Furthermore, when the Legislature wanted to create exceptions to the formal rulemaking requirements of the APA, it did so expressly and in separate sections. (Gov. Code, §§ 11346.1, subd. (a), 11343, subds. (a), (b); see also Gov. Code, § 11351; Lab. Code, § 1185.)

C/I Includes Self-Regulation

“Regulation” includes non-state self-regulation

2.3 Nature of the regulator

Finally, Mitnick indicates that although his study mainly focuses on regulation by government, private actors may also regulate (1985, p. 14). Black also explicitly includes self-regulation and other forms of non-state regulation – for instance, transnational regulatory regimes, such as the Forest Stewardship Council – arguing that “[i]f ‘regulation’ remains a concept tied inherently to the state, then in trying to analyse it, we will find contemporary forms of rule hard to understand, if indeed, we recognise them at all” (2002, p. 22).

C/I Includes All Targets

“Regulation” can be broader than just economic issues and includes control of government

2.4 Nature of the regulated activity

Disagreement can also be found when it comes to the question of which activities are subject to regulation. Little disagreement exists in terms of the nature of regulation – it is believed to involve economic, social, and environmental regulation. Economic regulation traditionally involves aspects of competition and utilities regulation (such as price-setting), but can be extended to product licensing and the inspection of business activities. Non-economic regulation may be defined as interventions that seek to reshape social relationships that are not directly characterized by an economic exchange relationship. The main debate centers on the question whether only private-sector activities, or even only economic activities, are subject to regulation. In his analysis, Noll (1980) only refers to the regulation of business activities and, in particular, the regulation of utilities. Mitnick focuses on “the policing of private activity” – that is, activities that may be economic or social in nature – but points out that regulation may also target intra-governmental activities (1980, p. 6). Selznick, in turn, argues, “most regulated enterprise is private, but nominally public agencies, such as colleges, hospitals, or utility companies, are also subject to regulation (1985, p. 364).

Elsewhere, the study of regulation has included both public and private activities. For example, Hood et al. have focused on the regulation of government by government (Hood et al. 1999, 2004; Lodge & Hood 2010; cf. Wilson & Rachal 1977). These studies highlight that regulatory activity involves relationships ranging from traditional public regulation of private activities to private-private, public-public, and even private-public relationships (see Scott 2002).

AT: Binding Control

“Regulation” are standards that influence conduct

“Regulation” is the setting standards---it doesn’t have to be binding

I. Introduction

[FOOTNOTE 30]

n30. Some definitions of "regulation" attempt to encompass such developments. For example, Errol Meidinger, Beyond Westphalia: Competitive Legalization in Emerging Transnational Regulatory Systems, in Law and Legalization in Emerging Transnational Relations 121, 121 (Christian Brutsch & Dirk Lehmkuhl eds., 2007) [hereinafter Meidinger, Beyond Westphalia], defines "regulation" as "a purposive, organized and sustained effort to establish a general and consistent order in a field of human activity." It "typically centres on rules defined in terms of rights and duties, with differentiated official roles and normative justifications ... characterized by a reliance on credentialed experts." Id. Similarly, Julia Black, Enrolling Actors in Regulatory Systems: Examples from UK Financial Services Regulation, Pub. L., Spring 2003, at 63, 65, defines "regulation" as "the sustained and focused attempt to alter the behaviour of others according to defined standards or purposes with the intention of producing a broadly identified outcome or outcomes, and which may involve mechanisms of standard-setting, information-gathering and behaviour-modification." Even more broadly, Stepan Wood defines "regulation" as "all calculated efforts at social control, whether undertaken by state agents or not." Wood, supra note 15, at 229.

“Regulation” is broader than restriction and includes policies that influence or guide actors

More fundamentally, in some situations regulation enhances all choices or even enables choice in the lira place, for example, a market economy cannot function without the provision of a legal or monetary system or without basic infrastructure. Unless the law defines and allocates property rights, exchange activities are not possible. As JtinJit points out. an understanding of regulation can be based on the notion that "regulation could be designed to enable and assure the existence of a market rather than to impede its natural operation".12 A definition of regulation should therefore not focus solely on the concept of restricting private choices for a collective good. Regulation is more adequately understood as a process of guiding and influencing economic actors. Regan defines regulation as "a process or activity in which government requires or proscribes certain activities or behaviour on the parit of individuals and institutions, mostly private, but sometimes public"." This definition is a useful approach to the concept of regulation, which is broad enough to include regulation in most systems. Regulation in its broadest sense should be understood as the process of influencing, controlling and guiding economic or other private activities with impacts on others through various governmental policies and measures. This raises the question, why and how governments regulate, i.e. which regulatory goals are pursued and which instruments are used. Both questions will be analyzed in chapter 2.

AT: Agencies

“Regulation” does not exclusively refer to agencies

[FOOTNOTE 16]

[END OF FOOTNOTE]

Another common perception of “regulation,” or at least a popular reference to regulation, equates the concept with laws that serve interest groups.17 Economist George Stigler popularized this view, arguing that “regulation is acquired by the industry and is designed and operated primarily for its benefit.”18 Richard Posner offered a more refined version of this perception: “[R]egulation [is] a product allocated in accordance with basic principles of supply and demand . . . [and] we can expect a product to be supplied to those who value it the most.”19 But, of course, not all regulations serve industries.20 Even when the regulator is captured by industries, it is far from clear that lack of regulation would be better for the public.21

So what does regulation mean? We return to the starting point—the intuitive understanding of the word “regulation”: government intervention in the private domain or a legal rule that implements such intervention. The implementing rule is a binding legal norm created by a state organ that intends to shape the conduct of individuals and firms.22 The state organ, the regulator, may be any legislative, executive, administrative, or judicial body that has the legal power to create a binding legal norm. This general definition is broader than “restrictions,” “rules promulgated by administrative agencies,” “laws that serve interest groups,” and related common perceptions of the word “regulation.”

AT: Not Incentives

Regulation just has to be direct influence

Funding

Funding = Legislative

1NC General

“Funding” must be done by congress

Violation – the aff doesn’t use congressional action

Vote neg:

Limits – there are thousands of courts cases related to education

Ground – courts debates have different disad/cp scenarios which limit out core generics

2NC Funding = Legislative

Only congress has the power of the purse to provide funding

From this understanding of the structural function of appropriations, we may derive two governing principles: first, a Principle of the Public Fisc, asserting that all monies received from whatever source by any part of the government are public funds, and second, a Principle of Appropriations Control, prohibiting expenditure of any public money without legislative authorization. The two principles are complementary: The Public Fisc principle defines all federal receipts, while the Appropriations Control principle defines all lawful federal expenditures.

Funding = Formula Grants

1NC General

Interpretation: Funding refers to school improvement grants

Pennsylvania began using a formula to distribute classroom funding in fiscal year 2015. In order to construct a consistent time series, classroom funding is defined as including the following line items: basic education funding, school improvement grants, education assistance program, reimbursement of charter schools, the Pennsylvania accountability block grant, and the Ready to Learn grant.

Limits and ground – there are an infinite number of mechanisms and sources that could provide funding which eviscerates predictable limits and negative ground

2NC Interp Ext

“Funding” means money for a particular purpose

This means it must be a formula grant distributed exclusively by the DOE to the states towards a predetermined area

Funding = Money

1NC Funding = Money

“Funding” means money or financial resources in the context of education

Violation – the affirmative doesn’t provide money

Voting issue – to protect limits and ground – all government resources become T and we lose every link based on large federal spending which is the topic’s core controversy

2NC Interp Ext

“Funding” means money or cash

“Funding” means money

funding

1 Money provided, especially by an organization or government, for a particular purpose.

Example sentencesSynonyms

1.1 The action or practice of providing money for a particular purpose.

Example sentences

“Funding” refers only to money or financial resources

“Funding” refers solely to money

[*P60] The ordinary definition of "fund" is "[a] sum of money or other resources set aside for a specific purpose: a pension fund." The American Heritage Dictionary of the English Language 735 (3d. ed. 1992)(emphasis in original). See also Black's Law Dictionary 682 (7th ed. 1999)(defining "fund" as "[a] sum of money or other liquid assets established for a specific purpose"). This definition of "fund" comports with the context in which the term is utilized in chapter 42. The retirement deposit fund is a sum of money set aside for teachers' retirement.

[***480] [*P61] Chapter 42 indicates that the term "fund" is utilized in a financial context. Wisconsin Stat. § 42.33(1) provides, in pertinent part: "The state teachers retirement board shall at all times maintain assets: . . . (b) In the 'Retirement Deposit Fund' equal to the liabilities for member deposits and for state deposits for members of the separate group and the combined group and interest accretions[.]" See also Wis. Stat. § 42.243(5)(c); Wis. Stat. § 42.243(6)(c); Wis. Stat. § 42.45(1)(d); Wis. Stat. § 42.46(1); Wis. Stat. § 42.475 (all describing a member's account in the state retirement fund being credited with member contributions, state deposits, and interest and discussing the withdrawal, payment, and maintenance of such monies).

[*P62] In addition, Schmidt, 153 Wis. 2d at 46, explicitly stated that a teacher who signed a combined group waiver "only waived his right to money which accumulated in his retirement fund through state deposits." (Emphasis added.) Likewise, Wis. Admin. Code § TR 4.01 [**650] (Sept., 1964) specifically distinguishes between "years of teaching experience" being "counted as within the system" and "required deposits" being "paid into the fund," by stating that years of teaching experience are not to be counted within the system until any required deposits plus interest are paid into the fund.

[*P63] In short, the "retirement deposit fund" is a fund comprised of monetary deposits established for the purpose of teacher retirement.

[*P64] Given that § 42.33(1) specifically states that the retirement deposit fund's assets are teacher deposits, state deposits, and accrued interest, the majority's conclusion that "it is reasonable to construe the retirement deposit fund as encompassing more than simply a lockbox for money[]" is entirely unfounded and anything but reasonable. Majority op., P36. The majority's conclusion that a repository of money earmarked for a particular purpose (a fund) can be comprised of something other than money is inexplicable in light of the statutory language. Notably, the majority cites to no statute, administrative rule, or case for the proposition that the "retirement deposit fund" may contain something other than money. It simply declares it to be so. Simply put, nowhere does chapter 42 speak of the retirement deposit fund being credited with, consisting of, or containing anything other than money.

2NC Limits

Broad definitions of “funding” ruin limits---it includes all kinds of transfers

Limiting it to only “money” solves this

2NC Violation – Excludes Tax Credits

“Funding” refers to money in hand

The sufficiency of the evidence is also questioned by appellant's contention that no showing of conversion was made nor that there was proof the property taken was in cash or checks. We think this contention is amply refuted by appellant's own written statement by which she admitted she took funds and spent them for her own purpose. The indictment charges that appellant took "dollars, currency of the United States of America" as was the case in Craig v. State, 95 Fla. 374, 116 So. 272 (Fla.1928). In Craig the court held that evidence of embezzled dollars was the equivalent of evidence of embezzled currency of the United States. The court there simply took judicial notice that currency of this country is expressed in dollars. In the instant case, appellant raises the [**8] point because the witnesses could not tell whether the missing funds were in cash or checks. We do not consider this to be a fatal defect because the appellant supplied the missing description, if any, of the property taken by referring to it in her statement as being "funds" which she took and spent. The word "funds" is defined as including money in hand and pecuniary resources. Random House Dictionary of the English Language, Unabridged Edition. We think the proofs submitted to the jury were sufficient to make a prima facie case of embezzlement under Section 812.10, Florida Statutes, F.S.

Funding = Broad

2AC Counter-Interp

“Funding” is a broad term that includes all money and financial resources given---attempting to arbitrarily limit it wrecks predictability

Neither party asserts that "funding" has a "'gloss' in the [relevant] industry" and thus under Delaware law the term "should be construed in accordance with its ordinary dictionary meaning." See Lorillard Tobacco Co., 903 A.2d at 740 (internal quotation mark and citation omitted). While Tureski argues that he and "others were well aware, through personal experience and general industry knowledge, that the total all-inclusive costs for a clinical trial from start to completion was typically tens (or even hundreds) of millions of dollars," D. 140 at 17-18, this does indicate that the term "funding," as used in the Agreement, has a specific meaning in the industry.

The Supreme Court has considered and described this source as a "colloquial business authorit[y]." See Vance v. Ball State Univ., ___ U.S. ___, 133 S. Ct. 2434, 2444 & n.5 (2013); see also In re Filene's Basement, No. 11-13511-KJC, 2014 WL 172137, at *5 (Bankr. D. Del. Jan. 15, 2014) (considering the source).

Reading the Agreement as a whole, see In re Viking Pump, Inc., 2016 WL 4771312, at *8, Tureski's interpretation of "funding" is also not reasonable given that there is no part of the Agreement that includes or alludes to the four categories of funding he proposes such that an objective third party would not read them into the term. The parties otherwise defined the scope or excluded specific costs and expenses where certain broad terms are used in the Agreement. D. 128-1 (e.g., Sections 1.6(b)(x), 5.7(a), 8.2(a)); 128-2 (e.g., Schedule 3.9 ¶ 195); D. 126 at 17-18; see 2009 Caiola Family Trust v. PWA, LLC, No. C.A. 8028-VCP, 2014 WL 1813174, at *11 (Del. Ch. Apr. 30, 2014) (rejecting plaintiff's interpretation of the section at issue where, among other things, it was inconsistent with other sections of the agreement). As such, if the parties had intended to limit "funding," they could have done so as they had in other parts of the Agreement.

2AC W/M Includes Tax Credits

“Funding” includes tax credits

This bill requires a vehicle parking facility to allow a motorcycle to park in the facility on payment of any applicable charges if the facility is owned, operated, leased, or receives funding from the State or a political subdivision. The bill defines “funding” as any form of assurance, guarantee, grant payment, credit, tax credit, or other assistance.

2AC W/M Resources/Services

“Funding” includes both money and services

1.1.1 Funding Sources

The oxford dictionary 2013 defines funding as an act of providing resources, usually in form of money (financing), or other values such as effort or time (sweat equity), for a project, a person, a business, or any other private or public institutions. Funds are injected into the market as capital by lenders and taken as loans by borrowers. There are two ways in which the capital can end up at the borrower. The lender can lend the capital to a financial intermediary against interest. These financial intermediaries then reinvest the money against a higher rate. The use of financial intermediaries to finance operations is called indirect finance. Lender can also go the financial markets to directly lend to a borrower. This method is called direct finance (Mishkin, 2012).

It includes money or other resources

Definition of fund

1 a : a sum of money or other resources whose principal or interest is set apart for a specific objective

b : money on deposit on which checks or drafts can be drawn —usually used in plural

c : capital

d funds plural : the stock of the British national debt —usually used with the

2 : an available quantity of material or intangible resources : supply

3 funds plural : available pecuniary resources

4 : an organization administering a special fund

“Funding” is more than just money and includes both provision of resources and subsidization

In Breighner, the court examined three parts of the plaintiff's claim that the MHSAA is a state actor. n17 First, it adopted the reasoning of the court of appeals, holding that the MHSAA was not funded by state authority. n18 This court expressly denied the trial court's interpretation of the statutory language, holding that the MHSAA was neither funded "by" nor "through" state authority. n19 The court next turned to the term "funded," and because it was not defined in the statute, the term must be given its plain meaning. n20 The court then held that the plain meaning of the term "funded" meant more than plain receipt of money in exchange for services by examining its definition and those of synonymous words such as "subsidized." n21

[FOOTNOTE 21]

n21. Breighner, 683 N.W.2d at 645 n.2 (concluding that to "fund" under this statute required some type of receipt of an allocation of government resources or subsidization).

2AC W/M Includes Valuable Assets

“Funding” includes the provision of valuable assets---it’s not limited to only monetary instruments

Budovsky's argument fails for several reasons. First, he argues that virtual currencies are not "monetary instruments" and thus transactions in virtual currencies are not "financial transactions." This argument ignores the statutory definition of "financial transaction," which includes not only monetary instruments, but also "funds." Giving effect to every clause in the statutory definition, the term funds has a separate meaning and is not coterminous with the term monetary instrument. See In re Barnet, 737 F.3d 238, 247 (2d Cir. 2013) ("Statutory enactments should . . . be read so as to give effect, if possible, to every clause and word of a statute." (citation omitted)).

Next, Budovsky appears to argue that virtual currencies cannot [*36] be included within the term "funds." This precise argument was rejected recently in a case applying § 1956 to the owner and operator of the website Silk Road, a marketplace for illegal drugs that used the virtual currency Bitcoin. United States v. Ulbricht, 31 F. Supp. 3d 540, 568-70 (S.D.N.Y. 2014). Addressing a pretrial motion to dismiss an indictment, the Ulbricht court found that since the term "funds" is not defined under § 1956, it must be given its ordinary meaning: assets that "can be used to pay for things in the colloquial sense." Id. at 570; see also United States v. Day, 700 F.3d 713, 725 (4th Cir. 2012) (defining funds under § 1956 to include gold since it is an asset of monetary value that is susceptible to ready financial use). The Ulbricht court's reasoning is adopted here.

2AC W/M Includes One-Off Payment

“Funding” includes single payments

In addition, the record presented on summary judgment clearly reveals that Emerald Shares provided express written authority in the brokerage agreement for Trinity Capital to act as its agent "for the limited purpose of procuring funding approval from a bona fide lender or investor or purchaser" to finance the development project. Item 23-7, at 2. The term "funding" is defined in the agreement as:

Misc

Fair Funding Incentive Grants are funding

CAP’s proposal would make the $1 billion available in new funding under Title I for Fair Funding Incentive Grants to be distributed to states; states would then distribute the funds to districts via the existing Title I formula. The grants would provide additional administrative funds for states to develop and implement progressive funding systems. To be eligible to receive a grant under this new funding stream, states would need to commit to match their grant amount with state funds that are directed at inequitably funded low-income districts in order to close across-district funding gaps. This match requirement would be waived for states that can demonstrate that all low-income districts spend more state and local funds than all high-income districts. All states would be required to either continue to match the grant amount with state funds on an annual basis or implement fully progressive funding systems that provide more resources to low-income districts than high-income districts. If this requirement were not met, the state would lose access to the additional funding. States would also publicly report on gaps in actual expenditures between high- and low-income districts and disclose whether these gaps are closing. In addition to receiving a Fair Funding Incentive Grant, states that do not yet have progressive funding systems but commit to develop and implement such systems within five years would receive the authority to reserve an additional 1 percent of their total Title I funding for state-level activities to support these systems. These states would need to demonstrate progress toward increasing funding equity in order to continue to receive these additional funds.

Title I spending is funding

Adding to states’ struggles, federal policymakers have cut ongoing federal funding for states and localities, thereby worsening state fiscal conditions. For example, federal spending for Title I — the major federal assistance program for high-poverty schools — is down 8.3 percent since 2010, after adjusting for inflation. Federal spending on education for disabled students is down 6.4 percent. 8 (See Figure 6.)

Donations count as funding

Grants count as funding

Funding includes to adult education grants

Primary/secondary

Elementary and High School

1NC General

Primary education is elementary school while secondary education is high school

•- Primary Education = Elementary School

•- Intermediate Education = Middle School

•- Secondary Education = High School

Violation – the affirmatives increase doesn’t apply to elementary or high school

Vote Neg

Limits and ground – education debates are radically different from primary, to secondary, to post-secondary education – each one carries its own lit base and controversies which dodge links

Excludes Vocational

1NC General

Primary education is elementary school while secondary education is high school

•- Primary Education = Elementary School

•- Intermediate Education = Middle School

•- Secondary Education = High School

Vote neg:

Limits and ground – education debates are radically different when it comes to vocational training – it has a different lit base and controversies which change direction of links

Elementary K—8

First 8 Years

“Elementary” education is K-8

Elementary Education Degrees Online

Are you a generalist or a specialist?

The term "elementary education" broadly refers to the teaching of students in grades K-8. But, within the field, there is opportunity for a wide variety of specialization in areas such as reading, special education, English as a second language and more.

First 6-8 years of education

noun

Excludes Early Childhood

It excludes early childhood education

Maintaining a strict distinction is key to precision and topic education

What is the Primary Focus of an Early Childhood Education Program?

What is Student Teaching?

What Are the Core Courses That You Will Take When You Study For a Your ECE Degree?

It is crucial to be a patient person at heart when you work with children in preschools, Montessori schools and kindergartens. Unfortunately, patience is not the only skill that you need. To really succeed at teaching students who are in preschool, you need to complete a formal education program that touches on concepts in each of the subjects you need to know. Here are some of the core courses that you will complete in an ECE degree program:

* Language and literacy development

* Cognitive development

* Creative expression

* Social and emotional development

* Executive function

* Physical development and wellness

* Motor development

* Approaches to learning

* Basic subject matter areas like social studies, math, science, and the arts

Elementary Education---Schools

“Elementary education” is formal education in a school

6.2 Elementary Education

“Elementary education” must be in schools

Definition

Elementary Education---Country-Specific Definitions Key

Prefer U.S.-specific definitions---the term varies by country

Method

Secondary Education---Grades

“Secondary education” is schooling in grade levels 6-12

The foundation of the educational system is built by teaching professionals. Teachers in educational institutions are responsible for directing the education of students through the delivery of various educational resources as well as knowledge concerning a wide array of subjects including: reading, writing, science, history, health, mathematics etc.

The process of teaching a particular subject, which is commonly found at the non-elementary levels of education and carried-out by teachers or professors at institutions of higher learning, is referred to as schooling. Furthermore, there are also educational fields and institutions for those who want a more specific vocational skill-set or who would like to be educated in an informal setting. These institutions, such as museums, libraries and the Internet space can be an effective and more personal experience regarding the ability to obtain knowledge.

What is Secondary Education?

Secondary education refers to a specific stage of education; although the definitions vary regarding location, in the most general of definitions, secondary education refers to the stage of learning that directly follows primary school. In the majority of jurisdictions throughout the world, secondary education is the final stage of compulsory education. That being said, in some developed nations, secondary education can also refer to a period of compulsory and a period of non-compulsory (college or university work) education.

This level of education is typically characterized by the transition from the compulsory, comprehensive educational system offered to minors, to the optional or selective tertiary “higher” education for adults. With that in mind, secondary education, in the majority of developed nations, will include university and vocational schools, but depending on the systems, high schools, middle schools and prepatory schools may also be grouped in the secondary classification.

Secondary Education---Age

Education for 11-18 year olds

noun

These examinations are taken after five years of secondary education.

Secondary Education---Excludes Post-HS

Education beyond 12^th Grade is postsecondary---that explodes limits

Together, secondary and postsecondary education comprise the education that a student receives after fifth grade. Before that point, students receive primary or elementary education from kindergarten through fifth grade. Secondary education, along with postsecondary education for some, propels students into adulthood and aims to give them necessary career skills.

Secondary Education

Secondary education refers to schooling that takes place during the middle and high school years, between sixth and twelfth grade. It is divided into courses in English, mathematics, social studies, science and foreign language. For some, secondary education includes electives such as music or drama. In the U.S., public secondary education is free and available to all. Secondary education is compulsory in the U.S. through the age of 16.

Postsecondary

Purposes of Secondary and Postsecondary Schooling

The purpose of secondary education is to ready students to either pursue a postsecondary education or enter into a vocational career that does not require further formal study. Postsecondary education helps students develop skills and expertise they can apply in later professional careers. For example, a student who studies English may pursue a career as an editor. A medical student studies to become a doctor. A computer engineering student may become a computer scientist. The goals are twofold: to help students develop independent reasoning skills and to prepare them for the job market.

Education beyond high school is post-Secondary

Education beyond the 12^th grade is not “Secondary”

(o) Secondary school: (1) A school that provides secondary education, as determined by--

(i) State law; or

(ii) The Secretary, if the school is not in a State.

(2) However, State laws notwithstanding, secondary education does not include any education beyond grade 12.

Secondary Education---Schools

“Secondary education” must be in schools

Definition

Secondary Education---Country-Specific Definitions Key

Prefer U.S.-specific definitions---the term varies by country

End of Secondary School

Twenty-four countries participated (and twenty-one reported data) in the TIMSS assessment of mathematics and science achievement in the final year of secondary school—intended as an assessment of the yield of education systems. The end of upper secondary education is defined differently across countries, and students vary by average age, enrollment rates in any educational program, as well as by the type and length of programs or tracks in which they are enrolled (academic, technical, or apprenticeship). The Appendix describes the structure of the upper secondary systems in the six countries of interest that participated in this assessment.

Elementary Excludes Kindergarten

Primary means elementary

Because I have drawn my examples and issues from the US and the UK, I should make the obligatory comment on linguistic preferences. Where American and British English differ, I have usually preferred American usage; so ‘pupils’ are ‘students’, ‘state schools’ are ‘public schools’ and ‘primary school’ is ‘elementary school’. The one exceptions is that I use ‘secondary school’ to refer to secondary school or, in American terms, the grades that are included in middle and high schools. I've done this not out of any general preference for American usage, but because the American terms in each case fit better with the ordinary language meanings of the terms, and are gaining currency in other Anglophone countries, including the UK.

Primary doesn’t include kindergarten—the plan violates because its [funding and/or regulation] is for kindergarten

The classification distinguishes between seven levels of education ranging from preprimary to tertiary. International definitions of preprimary, primary, and tertiary education are similar to the definitions used in the United States; however, lower and upper secondary education have slightly different meanings.

Preprimary education (level 0), also called early childhood education, usually includes education for children aged 3-5, although in some countries, it starts as early as age 2 and in others continues through age 6. In the United States, preprimary education includes kindergarten. Primary education (level 1) runs from about ages 6-11, or about first through sixth grades in the United States. Specialization rarely occurs in any country before secondary education.

Secondary education covers ages 11 or 12 through 18 or 19 and is divided into two levels: lower and upper secondary (levels 2 and 3). For the purposes of statistical comparability, the United States has defined lower secondary education as grades 7 through 9 and upper secondary as grades 10 through 12. In the United States, lower secondary education is the loose equivalent of intermediate school, middle school, or junior high school; however, in many other countries lower secondary education ends with an examination and constitutes the completion of compulsory education. Upper secondary education immediately follows lower secondary education and includes general (academic), technical, and vocational education, or any combination thereof, depending on the country. An upper secondary attainment level is roughly equivalent to a U.S. high school diploma.

Higher education, also referred to as tertiary education, includes three ISCED levels and is the equivalent of postsecondary education in the United States. Nonuniversity higher education includes education beyond the secondary school level involving programs (e.g., vocational, community

NOTE: For the attainment indicators, a person is classified in the highest level for which they completed the last grade or degree for the level. For example, a U.S. student must complete grade 9 in order to attain a lower secondary education and 2 years of higher education (associate's degree) in order to attain a nonuniversity higher education.

college, and junior college programs) that terminate in less than a 4-year degree. This type of education is at ISCED level 5. ISCED level 6 comprises education programs that lead to a 4-year undergraduate degree. These programs are typically located in universities and other 4-year institutions. The highest level, ISCED level 7, includes graduate and professional degree programs.

ISCED level Definition U.S. equivalent

0 Preprimary Kindergarten and below

1 Primary 1st-6th grades

2 Lower secondary 7th-9th grades

3 Upper secondary 10th-12th grades or first 3 years of

vocational education

5 Higher education Community or junior colleges or vocational

technical institutes (non-university) leading to

an associate's degree

6 Higher education University or other 4-year education institution

(university) leading to a bachelor's degree

7 Higher education A University or professional institute leading to

(university) leading to a master's or doctor's degree

Vote neg:

Elementary Includes Kindergarten

Elementary includes kindergarten

Most who choose to study elementary education move into a career of teaching students at the elementary level. Those with a master's or doctorate may even choose to teach at the college or university level - they would most likely teach courses in teacher preparation programs. Elementary education is typically a general education career path in which all subjects will have to be taught to students in grades kindergarten through five or six (depending on district). In elementary education, degrees can be gained at the bachelor's, master's, or doctorate level. Bachelor's Degree Programs Grand Canyon University Bachelor's in Early Childhood Education: Elementary Education Master's Degree Programs American InterContinental University Master of Education - Elementary Education Grand Canyon University Master of Education - Elementary Education with Licensure Liberty University Master of Education - Elementary Education History of the Field At one point, elementary education encompassed first through eighth grade, which changed to include kindergarten. With the introduction of junior high school, elementary education was lowered to include kindergarten through sixth grade. Those with a degree in elementary education are expected to teach all subjects in grades kindergarten through fifth or sixth grade, depending on the region. Some schools may require elementary school teachers to teach subjects like PE, art, and music as well.

Elementary includes kindergarten, but not preschool

Early childhood education (ECE) focuses on the academic, social and cognitive skills that develop in children from birth through preschool. Elementary education refers to the primary education that comes after preschool but before middle school (typically kindergarten through fifth or sixth grade.) There are definite distinctions between the two sectors that are important to understand. We’re here to help you make an informed decision about early childhood education versus elementary education. We combined government information, real-time job market data and expert insight to provide you a side-by-side comparison below.

Includes Homeschool

General

https://www.thsc.org/home-school-resources/high-school-and-beyond/graduate-homeschool-student/

Broad

Primary Education is Compulsory

Includes Pre-Schools

InterNations No Date (https://www.internations.org/usa-expats/guide/16294-family-children-education/schools-in-the-us-16283)

Increase

Increase ≠ Conditions

1NC Sex Ed

Increase means to make something greater

[ T ] They’ve increased the price of gas by two cents a gallon.

1NC Increase ≠ Conditions

Interpretation – “should increase” means to certainly make something greater

“Should” means certain and immediate

Increase means to make something greater

[ T ] They’ve increased the price of gas by two cents a gallon.

[ I ] Pressure is increasing to make health insurance more widely available.

Violation – the affirmative is conditional

Voting issue – to protect ground--- giving states the option to accept the plan avoids core DAs like spending and politics

Increase = 20-30%

1NC General

Substantial means significant

A significant increase is defined as between 20% and 30%

In August 2009, the EQAO began identifying schools with significant increases in the previous year in the percentage of students achieving level 3 or above on any one assessment. A significant increase is defined as between 20% and 30%, depending on the previous year’s results; a sliding scale is applied because it is expected that schools with a high percentage of students achieving the provincial standard are less likely to achieve a large gain in the following year. For the 2009/10 school year, 39 school boards were contacted regarding schools with increases that met the criteria for investigation. The responsibility for investigation lies with school superintendents, who involve school principals and central board staff in their information search. Most investigations concluded that improved student performance was due to education programs and other initiatives. The quality assurance report prepared by EQAO noted that, in all cases, the schools with significant increases were able to provide rationales that supported the increases, and there was no evidence of irregularities. For its 2011 reporting, the EQAO has started to include guidance to help principals interpret and explain their school results.

Violation – the affirmative doesn’t constitute a significant increase

Voting issue – to protect limits and grounds – there are an infinite number of tiny modifications that are unpredictable and arent significant enough controversies for core generics to link

Increase ≠ Reallocation

1NC Increase ≠ Reallocation

Funding requires a net-increase---that’s distinct from reducing oversight, streamlining regs, or devolution

What Federal and State Policymakers Should Do Federal and state policymakers should resist proposals to increase funding for public education. Historical trends and other evidence suggest that simply increasing funding for public elementary and secondary Education has not led to corresponding improvement in academic achievement. Instead of simply increasing funding for Education, policymakers and school leaders should implement education reforms that improve resource allocation. Members of Congress and federal policymakers should embrace reforms that reduce bureaucracy, streamline regulations, and transfer greater authority over funding to the state and local levels.

Violation – they reallocate resources for implementation

Voting issue – for ground – no net increase in spending means we don’t get any da links for core generics since the aff just moves the money around

2NC Limits

Narrow definitions of increase are preferable and avoid confusion

The election notice provisions serve to inform the voters, and an unnecessarily broad definition of "increase" would lead to potential confusion in contravention of that purpose. *997 Accordingly, we reject the trial court's legal determination that an extension of an expiring tax is equivalent to a tax increase. Consistent with this finding, the additional ballot title requirements of section (3) that apply to tax increases do not apply to Issue 1A. Therefore, we reverse the order of the trial court granting summary judgment for Bruce.

Increase = Broad

2AC C/i

Increase means to make something greater

[ T ] They’ve increased the price of gas by two cents a gallon.

[ I ] Pressure is increasing to make health insurance more widely available.

"Substantial" means of real worth or considerable value --- this is the USUAL and CUSTOMARY meaning of the term

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

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

In

In = Throughout

1NC Sex Ed

“In” means “throughout”

Colo. 1887. In the Act of 1861 providing that justices of the peace shall have jurisdiction “in” their respective counties to hear and determine all complaints, the word “in” should be construed to mean “throughout” such counties. Reynolds v. Larkin, 14, p. 114, 117, 10 Colo. 126.

“United States” means all of the states

Voting issue for limits and ground---debating individual state changes multiples every aff and dodges core DAs to national-level change---makes preparation impossible

1NC General

“In” means “throughout”

Colo. 1887. In the Act of 1861 providing that justices of the peace shall have jurisdiction “in” their respective counties to hear and determine all complaints, the word “in” should be construed to mean “throughout” such counties. Reynolds v. Larkin, 14, p. 114, 117, 10 Colo. 126.

“United States” means all of the states

Voting issue for limits and ground---debating individual state changes multiples every aff and dodges core DAs to national-level change---makes preparation impossible

2NC Interp Ext

“United States” means all of the states

“The” refers to a group as a whole

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

2NC Limits Ev

There are over 89,000 local governments

How Do We Compare with the Rest of the Country?

To see how Washington compares with other states, I looked at the state rankings provided by the Census Bureau’s 2007 Census of Governments. They haven’t provided these yet for the 2012 census. I’m guessing, though, that the overall rankings have not shifted that much in the last five years. In 2007, Washington State ranked 19th in the country with respect to overall numbers of general and special purpose governments (1,845), 33rd in the number of counties (39), 28th in the number of cities and towns (281), and 10th in the number of special purpose districts (1,229). By the way, in 2007, Washington ranked 14th overall in population.

Among the more interesting findings from the 2012 Census of Governments preliminary counts:

There are 89,004 local governments in the U.S., down from 89,476 in 2007

Illinois leads the country in overall units of local government (6,968)

Illinois has the most special purpose districts (4,137)

Illinois also has the most municipal and township governments (2,729)

Texas has the most county governments (254)

Texas also has the most school districts (1,079)

Hawaii has the fewest local governments of any state (21) with three county governments, 17 special districts, and one municipal government

16 territories

You Asked:

Marshall Answered:

Everyone knows that the United States has 50 states. But the U.S. also has a number of territories that have various relationships with the United States.

Puerto Rico is probably the best known of these territories.

View Larger Map

It is not a state, in that it does not have any voting representation in the U.S. house or senate. But residents of Puerto Rico are United States citizens. They do participate in United States payroll taxes like social security, but they don’t have to pay United States income tax. Instead, they pay Peurto Rican income tax. Most U.S. laws apply in Puerto Rico, but Puerto Rico also has its own laws. For more info on the government see: this article. See also: Puerto Rico.

The other U.S. territories are: The U.S. Virgin Islands, American Somoa, Guam, the Northern Mariana Islands and eleven other small islands in the pacific ocean. Many of these small islands have not fared so well under U.S. sovereignty. For example, the Johnson Atoll has been the site of twelve thermonuclear bomb blasts.

2NC Grammar

“United States” is capitalized---referring to the collective, not individual states

Q. Should I capitalize “the states” when used alone (referring to the United States)? I’m copyediting a novel in which the author capitalizes “the States” when used alone. I think it would be lowercased.

A. Actually, “the States” is capped when it means the United States. It’s only when referring to individual states collectively that you should lowercase: “Each of the states elects two senators,” as opposed to “I’m going back to the States.”

It’s a singular noun

We're coming up on the Fourth of July, when the United States is full of barbecues, fireworks, parades, and competitive hot dog eating. But why do we say "the United States is full of..." instead of "the United States are"? On Independence Day, there's no better time to reflect on how the rise of America's national unity was mirrored by its grammatical unity, as "the United States" turned into a singular noun.

The late historian Shelby Foote repeated an oft-told tale for the popular documentary series The Civil War (first broadcast on PBS in 1990):

Before the war, it was said "the United States are." Grammatically, it was spoken that way and thought of as a collection of independent states. And after the war, it was always "the United States is," as we say today without being self-conscious at all. And that sums up what the war accomplished. It made us an "is."

Foote's tidy narrative is just a little too tidy, reiterating conventional wisdom that has been floating around since a couple of decades after the end of the Civil War. In 1887, a Washington Post writer declared that the Civil War "settled forever the question of grammar... The surrender of Mr. Davis and Gen. Lee meant a transition from the plural to the singular." Four years later, clergyman G. H. Emerson wrote that "the change from the plural to the singular was vital, though it has taken a War of Rebellion to make the difference unmistakable." And in 1909, classics scholar and former Confederate soldier Basil Lanneau Gildersleeve stated, in a widely quoted lecture, "It was a point of grammatical concord which was at the bottom of the Civil War — 'United States are,' said one, 'United States is,' said another."

Rather than just accepting such sweeping claims, one writer sought to track the actual shift in usage from "the United States are" to "the United States is." In 1901, former secretary of state John W. Foster contributed an article to the New York Times finding that the transformation from plural to singular was a slow and messy one. In the Constitution, for instance, "the United States" is treated as plural, but so is "the House of Representatives," "the Senate," and "Congress." Over time, usage changed in American English, so that these collective nouns became construed as singular. (In British English, collective nouns can still take plural verb forms.) "The United States" also went the singular route, but its path was complicated by the plural ending -s at the end of "States."

Foster shoots down the popular notion that the Civil War was wholly responsible for the change in thinking. Before the war, there were writers and statesmen who preferred the singular, and afterwards there were still many who held on to the old plural usage. You can see the persistence of the traditional plural treatment of "the United States" in the 13th Amendment, ratified at war's end in 1865:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

In fact, the "United States is/are" debate raged for decades and was hardly settled by the surrender of the Confederacy. An 1895 column in the Indianapolis Journal defended the usage of Secretary of State Richard Olney, who preferred "the United States are." The writer insisted that this was correct usage on grammatical grounds: "Thoroughly as one may believe in the idea of nationality, one cannot ignore the structural principles of the English language." As late as 1909, Ambrose Bierce was clinging to this grammatical defense of "the United States" as plural. In his peevish compendium Write it Right, Bierce griped, "Grammar has not a speaking acquaintance with politics, and patriotic pride is not schoolmaster to syntax."

But Bierce was on the losing side of that argument. Already, as a result of Secretary Foster's careful historical research on the subject, the House of Representative's Committee on Revision of the Laws had ruled in 1902 that "the United States" should be treated as singular, not plural. The tide had finally turned — four decades after the Civil War.

Grammar outweighs --- it determines meaning, making it a pre-requisite to predictable ground and limits – and, without it, debate is impossible

In = Within

2AC C/I

“In” means within --- this is the core meaning

1. preposition indicates place: indicates that something happens or is situated somewhere

2. preposition indicates state: indicates a state or condition that something or somebody is experiencing

The banking industry is in a state of flux.

3. preposition after: after a period of time that will pass before something happens

She should be well enough to leave in a week or two.

4. preposition during: indicates that something happens during a period of time

He crossed the desert in 39 days.

5. preposition indicates how something is expressed: indicates the means of communication used to express something

I managed to write the whole speech in French.

6. preposition indicates subject area: indicates a subject or field of activity

She graduated with a degree in biology.

7. preposition as consequence of: while doing something or as a consequence of something

In reaching for a glass he knocked over the ashtray.

8. preposition covered by: indicates that something is wrapped or covered by something

The floor was covered in balloons and toys.

9. preposition indicates how somebody is dressed: indicates that somebody is dressed in a particular way

She was dressed in a beautiful suit.

10. preposition pregnant with: pregnant with offspring

The cows were in calf.

11. adjective fashionable: fashionable or popular

always knew which clubs were in

12. adjective holding power or office: indicates that a party or group has achieved or will achieve power or authority

voted in overwhelmingly

1AR C/I

“In” means within the limits of

Main Entry: 1in

Pronunciation: 'in, &n, &n

Function: preposition

Etymology: Middle English, from Old English; akin to Old High German in in, Latin in, Greek en

1 a -- used as a function word to indicate inclusion, location, or position within limits

Being enclosed by

in

preposition 1 expressing the situation of being enclosed or surrounded. 2 expressing motion that results in being within or surrounded by something. 3 expressing a period of time during which an event takes place or a situation remains the case. 4 expressing the length of time before a future event is expected to take place. 5 expressing a state, condition, or quality. 6 expressing inclusion or involvement. 7 indicating a person’s occupation or profession. 8 indicating the language or medium used. 9 expressing a value as a proportion of (a whole).

Inclusion within a place

1. (used to indicate inclusion within space, a place, or limits): walking in the park.

2. (used to indicate inclusion within something abstract or immaterial): in politics; in the autumn.

3. (used to indicate inclusion within or occurrence during a period or limit of time): in ancient times; a task done in ten minutes.

4. (used to indicate limitation or qualification, as of situation, condition, relation, manner, action, etc.): to speak in a whisper; to be similar in appearance.

5. (used to indicate means): sketched in ink; spoken in French.

6. (used to indicate motion or direction from outside to a point within) into: Let's go in the house.

7. (used to indicate transition from one state to another): to break in half.

8. (used to indicate object or purpose): speaking in honor of the event.

AT: Throughout

“In” means within, not “throughout”

We do not find any ambiguity in KRS 341.070(1). It is our opinion that the key word in the statute is the word 'in,' preceding the words 'each of three calendar quarters', and if the word is accorded its ordinary and common meaning, the statute does not require simultaneous employment. According to Webster's New International Dictionary, the word 'in,' used with relation to a period of time, means 'during the course of.' The same meaning, expressed in another way, would be 'within the limits or duration of.' Employing this meaning, the statute says that an employer is subject to the Act if, during the course of, or within the limits or duration of each of three calendar quarters, he had in covered employment four or more workers, to each of whom the required amount of wages was paid. This clearly means that the employment need not be simultaneous. Obviously, the word 'in' does not mean 'throughout' or 'for the entire period of,' because then there would be no point in adding the requirement of the payment of a minimum of $50 in wages. In these times, no worker employed for a full calendar quarter would be paid less than $50 in wages. The appellant seeks to read into the statute the words 'at the same time,' following the words 'had in covered employment'. There is no justification for this, unless the word 'in' means 'during any one period of time in.' We are not aware of any authority for ascribing such a meaning to the word 'in'.

“The” means all parts

2. indicating generic class: used to refer to a person or thing considered generically or universally

More Definitions---United States

All of the states

(20) UNITED STATES.—The term ‘‘United States’’ means all of the States.

“United States” refers to all areas of U.S. jurisdiction

1995 U.S. Dist. LEXIS 10241, lexis)

More Definitions---In

“In” means throughout

(Ashton, Reverend and Honorary Canon of Canterbury, “Our Church and Her Services”, p. 67, Google Books)