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2024 Michigan Negative
Intellectual Fugitivity v1 Neg Supplement › Eurocentrism K › Turns Case---2NC

Vickers 19

(Edward Vickers (Professor of comparative education at Kyushu University in Japan, where he holds the UNESCO chair on education for peace, social justice and Global Citizenship), 9-12-2019, "Critiquing coloniality, ‘epistemic violence’ and western hegemony in comparative education – the dangers of ahistoricism and positionality", Taylor & Francis, ) Julia T

Although the ideas in the CER special issue are presented as challenging both the scholarly mainstream and a wider neoliberal or neocolonial establishment, the seriousness of this challenge is doubtful. Exhortations to embrace ‘opacity’ or to ‘think otherwise’ in the name of ‘contesting coloniality’ imply no coherent programme, and suggest an overwhelmingly negative agenda. Meanwhile, far from risking ostracism, the contributors can expect warm endorsement of their views from regulars at the major international conferences. For many in the CIE community in North America and beyond, sweeping critiques of Western ‘hegemony’, ‘coloniality’ and so forth hold a strong appeal; it is those seeking to question the balance or accuracy of such theorising who risk opprobrium. As Merquior wrote of Foucault, Derrida and their postmodernist or ‘deconstructivist’ followers, their ‘skepsis’, ‘highly placed in the core institutions of the culture it so strives to undermine,’ has come to constitute an ‘official marginality’ (Citation1991, 160). The potential – and actual – consequences of this are troubling. Takayama et al call for the WCCES in particular to embrace the agenda of ‘contesting coloniality,’ but one conclusion to be drawn from recent events is that this is already happening, with damaging consequences for civility within the Comparative Education field, and for the wider credibility of its scholarly output.Footnote15 Reducing scholarship to the projection of the scholar’s own positionality can only lead to fragmentation and irrelevance. To quote Merquior again (paraphrasing Hilary Putnam), ‘to demote rationality, in a relativist way, to a mere concoction of a given historical culture is as reductionist as the logical positivist’s reduction of reason to scientific calculus’ (160). What he calls the ‘Elixir of Pure Negation’ (159) is an intoxicating brew, but it is unlikely to inspire coherent or constructive contributions to addressing the pressing problems of our age: climate change, poverty, inequality and the ethical crisis that underpins them all. Indeed, it is very likely to do the opposite. The neoliberal cadres of the OECD or World Bank, along with nationalist autocrats from Beijing to Budapest, will be more than happy for ‘critical scholars’ to fulminate against a vaguely-defined ‘West’ while embracing ‘epistemological diffidence’ (Takayama, Sriprakash, and Connell Citation2017, S18). As one critic of ‘postmodernism’ has put it, the promotion of ‘epistemological pluralism,’ combined with rejection of any ‘settled external viewpoint,’ means that, ‘so far as real-life ongoing politics is concerned,’ postmodernists, along with de-constructivists, decolonialists and their ilk, tend to be ‘passively conservative in effect’ (Butler Citation2002, 61). If ‘decoloniality’ promotes a balkanisation of the Comparative Education field into identity-based cliques that prize ‘opacity,’ the risk is that in practice this will only serve to buttress the status quo. What is urgently needed instead is a rebalancing of the field towards an engagement with the comparative history of colonialism and imperialism.Footnote16 Challenging unreflective Eurocentrism is important, not least in helping to jolt self-styled liberal progressives out of any lingering, ill-founded complacency. But when it involves ahistorical, anti-Western essentialism, decolonial discourse actually threatens the respect for our common humanity necessary to effective scholarly collaboration across cultural boundaries. In the face of the manifold crises today confronting our educational institutions, societies, and the very planet upon which they subsist, we need constantly to remind ourselves that the capacity for evil, or just plain stupidity, is a quality that unites us all, and resolve to confront it together.

2024 Michigan Negative
Intellectual Fugitivity v1 Neg Supplement › Eurocentrism K › Impact---Authoritarianism---2NC

Lewis and Lall 24

(Lewis, A. (Programme Leader for the MA Education and International Development at the UCL Faculty of Education), Lall, M. (Professor of Education and South Asian Studies at the UCL Institute of Education.), From decolonisation to authoritarianism: the co-option of the decolonial agenda in higher education by right-wing nationalist elites in Russia and India. High Educ 87, 1471–1488 (2024). ) Julia T

The decolonial movement was meant to increase debate and liberate the world from the conceptual limitations that remain as entrenched legacies of colonial practices. This is not anti-Westernist, but rather anti-EurocentristFootnote11. Decolonialism encourages deep self-reflection on the architectures and structures of knowledge, to break through the filters on our perception of global inequalities and promote non-Western knowledge producers, particularly from minority backgrounds. However, as we have shown, the co-opted version of decolonialism is superficially anti-Western, wherein complex decolonial scholarship is stripped of intellectual complexity and realigned with nationalist positions for the sake of creating new hegemonies at a national level. Rather than encouraging critical thinking on the parasitic nature of knowledge hierarchies, when decolonial principles are co-opted by nationalist agendas, they are used to promote exclusionary structures, elevating a singular national identity and its political needs at the expense of plural-versality and minority representation. In India and Russia, de-linking is used to cut off engagement with Western academic discourse and reject “Western-influenced” critiques of development, inequality, and authoritarianism. This is done to protect national ways of being based upon state conceptions of traditional values, paradoxically erasing minority voices that do not fit neatly into the unified national narrative as well as silencing critics. The debate in higher education reflects the current key questions on the nature of the Indian and Russian nations—both under respective nationalist governments. When universities are seen as Western or critical of local traditions and schools of thought, the space for critical thinking and democratic debate is ultimately removed, leaving those who oppose Putin and Modi with no safe way to engage with political discourse. With Western Europe and North America aligning themselves narratively with so-called “universal principles” of human rights, freedom of expression, and democracy, Putin and Modi have capitalised on anti-Western turns in Russian and Indian scholarship to reject all calls for increased liberalisation as the slow creep of unwanted alien concepts into national spaces that must be protected from these destabilising ideas. In both cases, anti-Westernism, legitimated through exploitation of well-founded concerns about the problematic neocolonial perpetuation of Western hegemony, has become a convenient justification for increased repression and authoritarianism.

2024 Michigan Negative
Intellectual Fugitivity v1 Neg Supplement › Eurocentrism K › Link---Postcolonialism---2NC

Zhang 23

(Chenchen Zhang (Assistant Professor in International Relations at Durham University), Postcolonial nationalism and the global right, Geoforum, Volume 144, 2023, 103824, ISSN 0016-7185, https://doi.org/10.1016/j.geoforum.2023.103824. () Julia T

Bringing postcolonial critique into discussions of the global right at the current conjuncture is instrumental in two ways. First, it brings into focus postcolonial nationalism as a prevalent political strategy used by right-wing actors in the Global Easts and South to legitimate authoritarian, conservative, and ethnonationalist projects through mobilizing subaltern identities and anti-colonial or anti-imperialist rhetoric. Authoritarian leaders in countries such as Russia, Turkey, and China routinely use criticisms of Western dominance and liberal hypocrisy as a pretext for justifying domestic oppression and their own imperialist pursuits ( Morozov, 2015 , Çapan and Zarakol, 2017 ). In the Philippines, Duterte’s invocation of anti-colonial nationalism has not only helped him win over “ideologically diverse coalitions” as the country navigates the terrain of inter-imperialist rivalry, but also equipped him with responses to Western criticisms of illiberalism and human rights abuses during his presidency ( Nair, 2023 , Regilme, 2021 ). Anti-feminist and homophobic mobilizations in postcolonial settings have long sought to discredit gender equality and LGBTQ movements by equating them to Westernness or coloniality. Conditioned by a semi-alterity to the hegemonic West, conservatives in Central and Eastern Europe present themselves as simultaneously victims to ideologies of the “Western liberal elites” and defenders of “true” European values. Korolczuk and Graff (2018) note that “anti-gender” organizations in Poland employ an anti-colonial frame to reject “gender ideology” as being imposed on them by “Western elites” and imagine Poland as a saviour of “traditional values” and “the West” itself. Similarly, Hungary’s far-right leader Viktor Orbán has claimed that adopting what he calls “Western European liberalism” would mean “spiritual suicide” for Central Europeans 2 and that “the West has moved to Central Europe”. 3 Anti-feminists and misogynists in India, China, and Turkey invoke a more straightforward politics of difference in their association of feminism with Western influence ( Lodhia, 2014 ; Eslen-Ziya, 2022 , Huang, 2022 ). Anti-feminist discourses in these “emerging powers” represent their respective construction of “traditional” values as threatened by the influence of “Western feminism”, which have a religious dimension in Turkey and India and a pronounced geopolitical dimension in the Chinese context. Amidst heightened geopolitical tensions between China and “the West”, the anti-feminist backlash frames feminists as agents of “foreign hostile forces” and antagonistic social movements as an ideological threat to the Chinese regime ( Huang 2022 ; Huang, 2023 ). Common to these developments is a renewed energy of misogynistic nationalism in pushing back against feminist challenges to gender hierarchies and norms through resorting to anxieties of the masculinized nation and framing feminism as anti-national (see also Kaul, 2021 ). From a different perspective on gender and state power in postcolonial regimes, Diazcontextualizes Duterte’s “masculinist decolonial ideology” within a longer, transpacific history of “women’s subjectification under Philippine authoritarianism” and its claims for postcolonial sovereignty ( Diaz, 2019 : 695). Diaz shows that in sanctioning gendered violence at home and denouncing violence against Filipina women abroad, Duterte uses women as a mechanism for projecting narrow conceptions of postcolonial national autonomy even though women remain “marginalized within the structures of the nation” (2019: 697).

2024 Michigan Negative
Intellectual Fugitivity v1 Neg Supplement › Eurocentrism K › Link---“the West”---2NC

Vickers 19

(Edward Vickers (Professor of comparative education at Kyushu University in Japan, where he holds the UNESCO chair on education for peace, social justice and Global Citizenship), 9-12-2019, "Critiquing coloniality, ‘epistemic violence’ and western hegemony in comparative education – the dangers of ahistoricism and positionality", Taylor & Francis, ) Julia T

Is this, though, an exercise in anti-Westernism? Takayama et al disavow the aim of ‘dividing paradigmatic Anglo-European comparativists and other comparativists in the global peripheries’ (S19), while Silova et al call for an ‘understanding of coloniality … as multilayered, interconnected and present in all societies’ (S89). However, their decolonial master-narrative is premised, in what constitutes a second move, on a vague and divisive system of categorisation. It is relevant to note the importance attached to classification by Mignolo, regarded as an authority on coloniality by all these authors, who argues that ‘epistemic racism’ is built on ‘classifications and hierarchies,’ and that ‘those who classify always place themselves at the top of the classification’ (quoted by Silova, Millei, and Piattoeva Citation2017, S84–S85).Footnote2 The categories deployed in the special issue include the ‘West’, ‘Anglo-West’, ‘Anglo-Europe’ and ‘global North.’ Each of these terms has different connotations, which are not clearly spelt out. The ‘West’ presumably encompasses Western Europe, North America and settler-colonial off-shoots such as Australia, but does it extend to Japan or Eastern or Southern Europe? ‘Anglo-West’ or ‘Anglo-Europe’ reference the English-speaking world, apparently excluding non-European societies, while leaving ambiguous the status of non-English-speaking Europeans and their settler-colonial heirs (e.g. in Latin America). The ‘global North’ is a more encompassing category, distinguishing so-called ‘developed’ from ‘developing’ countries. But it seemingly excludes Russia and the post-socialist societies of Eastern Europe and Central Asia, presented here by Silova et al as victims of Western ‘coloniality.’ Deploying these terms interchangeably helps to unite disparate papers under the rubric of ‘contesting coloniality.’ The result is a target for the ‘decolonial’ argument that is large, diffuse, and readily distinguishable from a ‘periphery’ defined by shared experience of oppression or marginalisation. The ‘hierarchies’ associated by Mignolo with ‘coloniality’ are thus inverted, with those classified as victims implicitly assigned moral superiority over the perpetrators. These perpetrators are in turn associated, in a related third move, with a uniformly ‘colonial’ cultural or civilizational unit conceived in highly essentialist terms. The ‘dominant global imaginary,’ argues Stein, is a ‘racialized ordering of humanity’ whereby ‘the white/Euro-descended subject’s “civic-humanist, rational self-conception” is constituted against a racialized “irrational/sub-rational Human Other”’ (Citation2017, S29). Post-war attempts to ‘incorporate official refutations of racialism and colonialism’ are dismissed as mere ploys to disguise the ‘recasting’ of ‘colonial logics’ through development projects framed as a means to help the non-West ‘catch up’ (S30). The object of catch-up is a ‘Western modernity project’ ‘constituted’ by the ‘logic of coloniality,’ so that ‘colonial patterns of power’ continue to define ‘culture, labour, intersubjective relations and knowledge production everywhere’ (Silova, Millei, and Piattoeva Citation2017, S75). ‘The globalizing reach of this [Western] imaginary over the past six centuries,’ has meant, Stein argues, ‘that wherever one is situated within its colonial divisions, it is not possible simply to “opt out” of its unevenly distributed repressive, disciplinary, and biopolitically productive effects’ (Citation2017, S31). In other words, the supreme, inescapable and essential characteristic of the modern West is its ‘coloniality.’ This claim that the modern West is intrinsically ‘colonial’ is twinned with a fourth move: the depiction of ‘colonialism’ or ‘coloniality’ as uniquely ‘Western’ (or ‘Anglo-European,’ etc.). This equation is so taken for granted by the contributors that they hardly bother to spell it out, let alone defend it. When Shahjahan et al refer to ‘imperial powers (whether Spanish, Portuguese, British and [sic.], later on, American),’ their use of brackets reflects this assumption that ‘imperialism’ or ‘colonialism’ are axiomatically Western (Citation2017, S52). Oddly, given that one of the co-editors is Japanese, non-Western forms of colonialism are almost entirely ignored in the special issue. Japan’s own notoriously brutal colonial project receives only one oblique reference. This comes when Kandel is attacked for failing to support a Taiwanese student of his who sought to critique an official Japanese report on ‘Education in Formosa and Korea’ (Takayama, Sriprakash, and Connell Citation2017, S11). Invoking this instance of non-Western colonialism thus serves merely to buttress the case for recasting one of the field’s Western founding fathers as an archetypal colonialist. Neither Japanese ‘coloniality’ nor the related ethnocentricity of mainstream Japanese culture and scholarship – past and present – are otherwise acknowledged. The agenda of contesting a ‘coloniality’ construed as uniquely Western leads to further lapses in historical accuracy. With respect to Soviet Russia, Silova et al assert that ‘even though state-sanctioned racism under socialism employed racial technologies and expertise to differentiate spaces and populations through their contrasting propensities to life and death, these followed less the lines of racial “othering” apparent in former colonies’ (Citation2017, S77). While recognising that in the days of the USSR ‘Russia functioned as an imperial centre that spread its norms and models to the peripheries’ (S91), they nonetheless present Soviet power as somehow less colonial than its ‘Western’ counterpart. Elsewhere in the special issue, Tom et al acknowledge that the dividing line between colonialism and its victims also runs through ‘Northern’ societies, writing that ‘coloniality can be observed in the power the Global North (the white United States and Western Europe) exerts over the Global South (regions such as Asia, Africa and Latin America, regarded as “underdeveloped” or “developing countries,” and racialized populations in the Global North)’ (Citation2017, S125, my emphasis). But the essential dichotomy stands – between ‘the West’ (or ‘North’) as a malevolent hegemon, and its victims, defined primarily in ethno-cultural terms, wherever they are. Finally, this generalised dichotomy underpins a fifth move, linking the ethical standing, authenticity and legitimacy of researchers to their ‘location’ vis-à-vis ‘the West’. Identifying themselves as ‘critical scholars of color’ (Citation2017, S51), Shahjahan et al highlight their ‘multilayered positionality as visible minorities, having ties to countries labelled as “Third World” and working with dissenting perspectives mostly in white settler contexts’ (S58). Tom et al take aim at an ‘epistemic racism’ seen as extending to ‘the addition of some selected “other” scholars, histories or events into Eurocentric scholarship without engaging with their conceptualizations, critiques and consequences.’ They associate this tactic with ‘scholars and educators … who pretend to have transcended the problems of racism and coloniality,’ but ‘continue to enjoy and defend the privilege of epistemic perspective’ (Citation2017, S127). ‘White perspectivity,’ they continue, ‘upholds itself as self-justified educational practice’ (S127), necessitating what Khoja-Moolji calls an emphasis on ‘brown bodies as central to knowledge production’ (Citation2017, S152). ‘Colonial imaginaries of purity and authenticity’ must be abandoned, proclaim Tom et al, but this does not entail ‘a priori rejecting notions of purity and authenticity stemming from “other” onto-epistemological groundings’ (S141). Invoking divisive and essentialising forms of categorisation in the cause of contesting Western coloniality is thus apparently permissible, if it is authentically rooted in ‘subaltern epistemic locations’ (Khoja-Moolji Citation2017, S152). Several contributors demonstrate awareness of the difficulty of characterising as subaltern the ‘location’ of scholars based in prestigious Western universities, some holding influential positions in the CIE field. As of now (2019), two of those featured in this special issue sit on the Advisory Board of CER, while another is on the editorial board of Comparative Education. Silova is currently Vice-President of CIES. She and her co-authors acknowledge that ‘depending on particular circumstances, … we may be positioned as Western “experts,”’ or ‘as non-Western “others” whose expertise is limited to explaining the local context through particular analytical frames’ (Citation2017, S93). Again citing Mignolo (himself based at Duke University), they declare their intention to ‘work within and against dominant forms of knowledge production by carrying the “wound” of coloniality … , but resisting efforts of self-emancipation from the experience of domination that works for, and not against, integration into the same hierarchy’ (S97). If this seems confusing, it is apparently intentionally so, since they assert ‘our right to … opacity’ (S93). In the same vein, they call for ‘border thinking, … where being is “rooted in irremovable contradictions – neither here nor there or both here and there at the same time”’ (S93). The import of this seems to be that those from ‘subaltern’ backgrounds who find themselves working within the structures of ‘Western’ privilege need to ensure that their scholarly agendas remain defined by consciousness of the epistemic ‘wounds’ inflicted by the West on the non-Western core of their identity. A note on my own ‘positionality’ A white, male, public school-and-Oxford-educated British scholar who ventures into a debate framed in these terms is clearly entering a minefield. Individuals such as myself have indeed enjoyed manifold privileges within global academia and beyond. These privileges are related to a web of structures and assumptions that can be termed ‘Eurocentric,’ as well as to legacies of colonialism. In my early career, I benefited from my family’s position in Hong Kong as British rule was winding down. There is more to the Vickers backstory: Irish Catholics here, an Indian ancestor there, working-class Liverpool grandparents, a Jewish great-grandfather, not to mention years spent in China as a lowly educational functionary. I now live in Japan with my Japanese wife and children, working for a Japanese university, where my foreignness entails a complex mix of marginalisation and advantage. But privilege there certainly has been. What, though, is the precise significance of a scholar’s personal ‘location’ for any claims to serious attention from their peers? Silova et al are right to stress that biography, auto-biography and ‘self-ethnography’ are potentially valuable resources for Comparative Education. It is worth recalling that many of the field’s early leaders, such as Nicholas Hans, were refugees or exiles from notably repressive regimes. However, there is an important line to be drawn between biography (or autobiography) as a research tool or resource, and the biographical statement as a certificate of victimhood, granting its holders a privileged voice in particular conversations. It is hard to read the racialised language in the CER special issue without wondering under what circumstances the contributors would consider a ‘white’ European scholar entitled to debate ‘coloniality’.Footnote3 Their representation of the significance of positionality, invoking race, religion and geography, implies the legitimacy of judging scholarship not so much on the basis of what is argued as of who is doing the arguing. The notion that racial, geographical or civilisational labels neatly divide humanity between the ‘subaltern’ and ‘metropolitan,’ and that ‘subalternity’ in itself confers a kind of moral authority, are deeply problematic. I return to this issue, and its implications for Comparative Education as a field, in my concluding section. Before that, however, it is important to consider the empirical basis for the assumptions underpinning the ‘moves’ outlined above. If ‘Western’ modernity is uniquely associated with ‘coloniality,’ encompassing ‘epistemic violence’ against uniformly victimised ‘non-Westerners’, then assertions of non-Western ‘positionality’ may appear more defensible. But do these claims stand up to historical scrutiny? Is it plausible to entertain a neat division of the world between victims and perpetrators of ‘colonialism’ or ‘epistemic violence’? Ethnocentrism, coloniality and ‘Western’ modernity The strongest charge levelled by the CER contributors concerns the ‘Eurocentrism’ of mainstream Anglophone academia. ‘Eurocentrism’ has undeniably been pervasive not just in the Comparative Education field, but across academia more generally. Typically underpinning this is a conviction of Western exceptionalism – the belief that features typically ascribed to ‘Western modernity’ by its cheerleaders: democracy, capitalism, the valuing of individual liberty, the rule of law, notions of ‘human rights’ and of ‘progress’ itself, are gifts from the West to the world. It is this raft of assumptions that the historical anthropologist Jack Goody has labelled The Theft of History (Citation2006). Goody’s point is that none of these concepts is in fact the unique product of post-Renaissance Europe; they have emerged at different times in various guises in multiple societies. Moreover, the forms they took in Europe (and later America) often owed much to cross-cultural influence. For example, the crucial Arabic influence on humanist thought in medieval and early Renaissance Europe is still widely overlooked (as Takayama et al note in their volume introduction). It was in the Muslim-ruled regions of the former Roman Empire that the secular-humanist learning of classical Greece was preserved, elaborated and mingled with influences from India, Central Asia and elsewhere, before finding its way back to Christian Europe. Much later, the vision of a rational, ordered, secular Chinese empire, run on ostensibly meritocratic lines by officials recruited through competitive written examinations, inspired luminaries of the European Enlightenment, including Leibniz and Voltaire. How deep-rooted, then, is ethnocentrism in European culture, and to what extent is this a peculiarly Western trait? Eurocentrism certainly pervaded the Cold War West, and received a further boost from the ‘End of History’ triumphalism of the 1990s. But contributors to the CER special issue perceive ‘six centuries of Western epistemic violence’ (e.g. Stein Citation2017, S42, S31),Footnote4 implying that Eurocentrism is intrinsically bound up with a peculiarly violent and arrogant spirit that has gripped the West since the age of Columbus, if not before. Like much else about their arguments, this view perhaps reflects an ‘America-centric’ preoccupation with the Western hemisphere. The decimation of native peoples across the Americas following the European conquest certainly involved grotesque and extreme violence, whose after-effects are still with us. But did this usher in an era in which Western violence, ‘epistemic’ and actual, was both globally dominant and allied to a uniquely virulent brand of ethnocentrism? Viewing history from the eastern end of Eurasia, this seems highly doubtful. Contemporary Chinese historians typically date their country’s ‘Century of Humiliation’ from the Opium Wars of the 1840s. Leaving aside the debate over the precise role of Western aggression in Qing China’s decline (see Cohen Citation1984), this narrative reflects the huge shock that defeat by the British delivered to elite amour propre. As Wang Zheng observes (Citation2012), this was magnified by a supremely ethnocentric conceit: the belief in the normative status of Chinese civilisation, and its moral and material superiority over ‘barbarian’ societies. That conviction was understandable: half a century before the Opium Wars, when the first official British Embassy was haughtily rebuffed by the Emperor Qianlong, China accounted for around a third of global GDP (Stuenkel Citation2016, 67). When, then, did Eurocentrism become prevalent or pervasive? Shortly before the British humiliation of China, in India Macaulay penned his notorious ‘Minute on Indian Education’ of 1835, recommending the prioritising of English-medium instruction since ‘a single shelf of a good European library’ was worth ‘the whole native literature of India and Arabia’.Footnote5 Exhibit A, perhaps, in any rogues’ gallery of Western ‘epistemic’ arrogance. However, such Eurocentric condescension was less prevalent a century earlier, when European visitors were inclined to be overawed by the splendour and sophistication of the Mughal Empire at its height (Osterhammel Citation2018). Rather, it evolved along with the changing nature and extent of British involvement in Indian society. For example, the attitudes to Indian culture of the late eighteenth-century judge and orientalist scholar, William Jones, were immeasurably more complex, nuanced and respectful than those of Macaulay (Mukherjee Citation1968). Osterhammel dates ‘the rise of Eurocentrism’ to the early nineteenth century (Citation2018). The eighteenth century was ‘an age of balance between little Europe and big Asia’; it was only in the nineteenth century, he writes, that ‘we enter a different world: a dichotomous world of … refinement versus primitivism’ (482), or of science versus superstition. If the global dominance of triumphalist Eurocentrism is rather less than six centuries old, what of its ‘epistemic’ implications and uniqueness? I shall have more to say about both in the following section, but here it is pertinent to make two points: one concerning Eurocentrism’s epistemic content; and the other its ‘colonial’ reach. Ethnocentrism can take multiple forms. Postcolonial writers associate ‘Eurocentrism’ with celebration of the manifold and unique contributions of Western science and civilisation to the modern world. But this ‘imperialist’ or ‘paternalist’ Eurocentrism has its mirror-image in an ‘anti-paternalist’ variant, whereby ‘Eastern societies are granted conditional agency and are unable to auto-generate or self-develop’ (Hobson Citation2012, 6, cited in Stuenkel Citation2016, 52). ‘Anti-paternalist’ West-centrism, like its ‘paternalist’ counterpart, emphasises the centrality of Western agency, but views it as overwhelmingly malevolent. That mindset, in turn, fuels efforts to ‘demonize an idea by erroneously calling it Western’ (Stuenkel Citation2016, 52), something most of the CER contributors do with respect to ‘colonialism’, ‘neoliberalism’ and ‘capitalism’ (e.g. Stein S27) – though, significantly, not socialism.Footnote6 Other postcolonial writers extend this treatment to notions such as democracy, science and human rights, though the CER group seem ambivalent on this score. While imputing Western origins to concepts they evaluate negatively (especially colonialism), they implicitly endorse values such as academic freedom, while seeing them as tainted or distorted by Western power. However, claims of ‘epistemic violence’ indicate a logic of ‘anti-paternalist Eurocentrism,’ since they involve asserting the imposition by the West of constraints on the capacity of non-Westerners to think independently or critically.Footnote7 The special issue article on global university rankings (GURs) exemplifies such ascription of Western origins to disparaged ideas or practices, and of Western agency to their dissemination. Shahjahan et al rightly point up how ‘pressures to conform to a largely arbitrary and Anglocentric set of performance indicators’ have warped higher education (S55), but ignore the agency of non-Western elites (and consumers) in promoting such indicators (see below). Claiming that most arguments for reform of GURs ‘ask only for a change of game rules rather than for game change’ (S64), they disregard critiques of metrics by numerous Western scholars from Andreski (Citation1972) to Wolf (Citation2002), Sandel (Citation2012) and Muller (Citation2018).Footnote8 Having portrayed the fetish for metrics as peculiarly ‘Western,’ they relate it to the dominance in ‘the academy’ of an ‘onto-epistemic grammar’ that ‘intellectualise[s] existence [and] prioritise[s] logical coherence and argumentation’ (S59). If a dysfunctional Western episteme is to blame, it follows (logically) that non-Western cultures may offer healthier alternative visions. We are therefore offered insights from the Dagara people of northern Ghana, who give prominence to ‘elders’ and ‘ancestral knowledge,’ believe that ‘the material is just the spiritual taking on form’ (S57),Footnote9 and view with scepticism the ‘restlessness’ of Westerners and their naïve faith in ‘progress’ (S62). The Dagara, we are told, may thus ‘be concerned’ about our capacity to ‘promote deep existential learning and sustained collective well-being’ (S65). However, the contrast between Dagara ethics and those underlying GURs does not demonstrate that Western culture in toto is inherently or uniformly instrumentalist and antipathetic to sustainability. Observations concerning the distortions of metrics and the unsustainability of a competitive, individualist ethos are commonly made by Western educational researchers and organisations such as UNESCO (Morris Citation2016; MGIEP Citation2017). Invoking indigenous African wisdom in this context serves primarily to posit a spurious and essentialising contrast between sagacious, holistic non-Western traditions and intrinsically dysfunctional ‘Western modernity.’ The underlying implication is that ‘Westerners’ and ‘non-Westerners’ inhabit radically divergent epistemic universes to begin with – or at least did so in some idyllic age before the non-West was blighted by Western colonialism and ‘epistemic violence’. But do (or did) they? Rejecting claims of ‘some radical dissonance between “Western” and “Eastern” (or generally non-Western) thinking,’ the Indian scholar Amartya Sen writes that ‘there are many differences in reasoning within the West, and within the East, but it would be altogether fanciful to think of a united West confronting “quintessentially eastern” priorities.’ Instead, he argues, ‘similar – or closely linked – ideas of justice, fairness, responsibility, duty, goodness and rightness have been pursued in many different parts of the world’ (Citation2010, xiv). This, however, is precisely the kind of dichotomy presented by the discussion in the CER special issue of ‘coloniality’ as a quintessentially Western quality. Here the contributors fall into the ‘trap’ that Goody identifies when he remarks that ‘a hidden ethnocentric risk is to be eurocentric about ethnocentricity’ (Citation2006, 5). A characteristic shared by this ‘anti-paternalist Eurocentrism’ with the ‘paternalist’ variety is to exaggerate, for better or (in this case) worse, the impact of Western influence. But in Asia, even during the height of Western dominance in the ‘long nineteenth century’, ‘the real story,’ according to the historian John Darwin, ‘is one of Asian persistence, and not of Asian defeat’ (Citation2008, 496; cited by Stuenkel Citation2016, 55). Most notably, China not only maintained its statehood in the face of the Western onslaught, but emerged from the ‘century of humiliation’ with its imperial borders largely intact. Even the British Raj, despite its enormous and enduring influence on the political geography, governance and societies of modern South Asia, operated largely through forms of indirect rule, involving manipulation rather than obliteration of indigenous culture. But in contemporary India, China and other parts of Asia, it has been convenient for elites to invoke the dichotomy of Western colonialism and indigenous victimhood, and attribute various ills to continuing Western ‘hegemonism.’ It also suits autocrats to dismiss notions such as ‘democracy,’ ‘human rights’ and ‘civil liberties’ as alien Western ideas wholly or partially incompatible with ‘Asian values’ – the sort of argument Sen dubs the ‘Lee thesis’ (after Singapore’s former leader, Lee Kuan-yew) (Sen Citation1999). The same tactic helps disguise or distract from homegrown forms of ethnocentrism, often allied to projects of internal colonialism that feed off, parallel and, in many cases, predate Western legacies. Highlighting and critiquing these forms of non-Western ‘coloniality’ is particularly urgent at a time when China’s government, for example, is blaming its problems in Hong Kong on a mixture of past indoctrination and present interference by ‘Western colonialists’ – all the while imposing an ever more stringent form of neocolonial domination on restive populations from Xinjiang to the shores of the South China Sea. Civilising missions and ‘epistemic violence’ – Western and non-Western The CER contributors argue that Western cultural or intellectual influence on the ‘non-West’, since it often takes place in a context of power imbalance, should be construed as ‘epistemic violence.’ But there are a number of problems with this view. First, it blurs the important distinction between actual violence and the so-called ‘epistemic’ variety (see discussion of China below). This example of ‘concept creep’ ironically echoes the virulent identity politics of the contemporary USA (Lukianoff and Haidt Citation2018). There, conflating speech acts that some might construe as insulting, demeaning or even mildly objectionable with acts of ‘violence’ has fed a culture of victimhood and ‘safetyism’ that threatens open academic debate. In deploying the term ‘epistemic violence’ with such enthusiasm, the contributors thus evince a mindset peculiarly prevalent at the core of the contemporary ‘West,’ in the USA. A second problem relates to how or where to draw the line between the exchange of ideas and the deployment of culture as a tool of political dominance. Even when cultural influence is clearly allied to the pursuit of political or economic control, as it frequently has been, does this necessarily imply loss of agency on the part of those borrowing or adapting ‘foreign’ ideas? For example, are anti-colonial activists invoking ‘Western’ discourses of democracy or liberty mere dupes of Eurocentric ‘epistemic violence,’ or witnesses to the cross-cultural appeal of such ideas? Indeed, is not the reality of that appeal – for example, in societies such as Hong Kong and Taiwan today – a reflection of the fact that such ideas are not intrinsically or uniquely ‘Western’ at all?

2024 Michigan Negative
Intellectual Fugitivity v1 Neg Supplement › Eurocentrism K › Eurocentrism K---1NC

Tracing the world-making power of self-determination builds solidarity in the face of environmental injustice, global hierarchy, and exploitation.

Ali MEGHJI Lecturer @ Cambridge ’20 “What can the sociology of race learn from the histories of anti-colonialism?” Ethnicities Online First p. SAGE p. 7-13

Getachew’s (2019: 2) book holds that while decolonization is seen as a moment of ‘nation-building [. . .] and the formation of nation-states’, instead, we ought to see anticolonial nationalism itself as an exercise in ‘worldmaking’. In other words, Getachew recasts anticolonial nationalism itself as a transnational process, seeking an equitable remaking of the world to overcome the injustices of colonialism and neo-colonialism. Getachew’s (2019: 5) book thus signals a gestalt shift in the way that she envisages anticolonial nationalism not as ‘marking the collapse of internationalism and the closure of alternative conceptions of a world after empire’, but instead as a direct, transnational confrontation to ‘the legacies of imperial hierarchy with a demand for the radical reconstitution of the international order’.

Through focusing explicitly on Nnamdi Azikiwe, W.E.B. Du Bois, Michael Manley, Kwame Nkrumah, Julius Nyerere, George Padmore, and Eric Williams, Getachew focuses on three forms of anticolonial worldmaking. Firstly, Getachew explores the anticolonial demand for the right to selfdetermination. Central to Getachew’s (2019: 75) argument is that anticolonial nationalists did not simply ‘take up’ the West’s discourse of self-determination and use it to secure their own independence, but – similarly to how Gopal (2019) looks at anticolonial iterations of liberty, freedom, and justice – through an ‘anticolonial appropriation’ such nationalists radically reconceptualised the meaning of self-determination. Thus, as it was first articulated by the League of Nations, self-determination involved ‘the consent of the governed and consultation with subject people’; however, this definition still allowed for colonialism given that ‘racially backwards people’ were said to not yet be capable of self-governance (Getachew, 2019: 42). Years after the League of Nations, the United Nations (UN) Charter of 1945 again evoked ‘human rights and equality of nations [. . .] as founding principles of a new world order’ despite the continuity of colonial rule (Getachew, 2019: 71). By contrast, anticolonial radicals – through forming organisations and conferences such as the League against Imperialism, and the Pan-African Congresses – directly highlighted the hypocrisy of the Westernized definition of self-determination. For instance, Nkrumah and Padmore organised the fifth Pan-African Congress in Manchester, 1945, where the epistemic roots were planted for self-determination to be reconceptualised as a universalist issue of human rights. Through showing how colonialism itself was a violation of human rights, the work of anticolonial nationalists radically shifted the discourse of selfdetermination such that by 1960, when Nkrumah spoke to the UN as the president of Ghana, he was able to use the principle of self-determination to show how colonialism was directly against the UN’s principles, thus leading to the Article 1514 Declaration on the Granting of Independence to Colonial Peoples and Countries.

2024 Michigan Negative
Intellectual Fugitivity v1 Neg Supplement › Eurocentrism K › Eurocentrism K---1NC

The aff treats blackness as in but not of world order. They pose a structural conflict between ordering, sovereignty versus disordering, dispossession, and non-relationality. This narrative denies the world-making capacity of decolonization and the principle of self-determination.

Adom GETACHEW Poli Sci @ Chicago ’19 Worldmaking after Empire p. 14-18

Just three years after Ghana’s achievement of independence, seventeen African states joined the United Nations, marking the high point of decolonization in the Black Atlantic world. In what would come to be called the year of Africa, the newly constituted African bloc in the United Nations successfully led the effort to secure passage of General Assembly resolution 1514, titled “Declaration on the Granting of Independence to Colonial Countries and Peoples.” The declaration described foreign rule as a violation of human rights, reiterated the right to self-determination, and called for the immediate end of all forms of colonial rule.1 Resolution 1514 offered a complete repudiation of foreign rule and rejected any prerequisites for the attainment of independence. Soon after its passage, the resolution formed the basis of a new committee with broad powers to investigate colonial rule and hear petitions from colonial subjects, making colonial rule subject to international scrutiny and to the demands for self-determination. 2

While 1960 marked a radical rupture in the history of modern international society, it has largely been subsumed in a standard account of decolonization where the transition from empire to nation and the expansion of international society to include new states is a seamless and inevitable development. This account of decolonization is premised on the view that anticolonial nationalists appropriated the language of self-determination from the liberal internationalist tradition of Woodrow Wilson in order to secure independence from alien rule. In adopting the language of liberal self-determination, the nationalists of the colonized world are thought to have mimicked the existing institutional forms of the nation-state. And while decolonization is credited with universalizing this state system, its nationalist and statist premises are viewed as anachronistic in a postnational and increasingly cosmopolitan world order.

2024 Michigan Negative
Intellectual Fugitivity v1 Neg Supplement › Eurocentrism K › Eurocentrism K---1NC

The structuralist ontology of the aff represents the West and non-West as distinct essences. Regardless of intent, this Eurocentric discourse produces the West as a hyper-agent that built a singular modern world order.

John HOBSON Politics & IR @ Sheffield AND Alina SAJED Poli Sci @ McMaster ’17 “Navigating Beyond the Eurofetishist Frontier of Critical IR Theory: Exploring the Complex Landscapes of Non-Western Agency” Int’l Studies Review 19 p. 550-552

For the purposes of this article, we are focusing on three strands of critical IR theory: Marxist, poststructuralist, and postcolonial. We understand that some readers may see our grouping together these apparently incommensurable strands of critical theory within IR as problematic. Our defense of this grouping is twofold. First, we feel their incommensurability is unfairly emphasized, given that there are postcolonial scholars who are inspired by both poststructuralist and Marxist approaches (e.g., Inayatullah and Blaney 2004), or those who combine Marxism and postcolonialism (e.g., Pasha 2005; Persaud 2001, 2016; Matin 2013; Gruffydd Jones 2006; Seth 2013; Anievas and Nis¸ancioglu 2015), or those who combine postcolonial and poststructuralist/Foucauldian perspectives (e.g., Grovogui 2006; Jabri 2013). This in itself suggests that the “boundaries” between these critical approaches are fluid and shifting rather than being fixed and impermeable. Second, by grouping these three strands together, we do not imply that they are theoretically and politically equivalent. Rather, we are interested in dealing with two common overarching tendencies that link them up under the loosely defined umbrella of CIRT. First, they launch vehement critiques against the mainstream of the discipline, one of the core critiques being its enduring Westerncentric gaze and its omission of relations of inequality and domination between Western and non-Western worlds. Second, and related to the former, they indicate (in various forms, some more explicit than others) an interest in the agency or condition of the marginalized in world politics. We therefore attend here to the implications of their critiques insofar as they attempt to locate marginalized voices in world politics while also pointing to power asymmetries and relations of inequality between Western and non-Western actors.

We argue that much of Marxist IR frames its critique within a structuralist ontology, which invokes a substantialist conception of the West. As Mustafa Emirbayer (1997) points out, substantialism focuses on objects—for example, societies, nation-states, or civilizations—that are conceived as “preformed self-subsistent entities. While subsequent relations with other such objects are sometimes considered, nevertheless such interactions do not modify the preformed object and therefore do not affect its inner essential nature” (Emirbayer 1997, 282–83; and Jackson 1999; Qin 2010). In the “selfaction” variant, objects are understood “as acting under their own powers” (Dewey and Bentley 1949, 108) independently of all other entities, thereby implying selfgenerating, self-motivating, and self-directed activity. Specifically, a substantialist ontology underpins the top-down structuralist frameworks that large parts of Marxist CIRT deploy. In general, it speaks of Western structuralist logics of power: of men over women under capitalist patriarchy; capital over labor under global capitalism; White over non-White under imperialism/neo-imperialism. While revealing such global hierarchies must indeed constitute part of the antidote to Eurocentrism, nevertheless, when these are reified into ontological absolutes, the space for non- Western agency is necessarily squeezed out or evacuated.

2024 Michigan Affirmative
Topicality › Trademark protection includes counterfeits

Counterfeiting is trademark infringement

Arielle Percival, 2021 - J.D., University of the Pacific, McGeorge School of Law, “Social Networks, Counterfeit, and Contributory Trademark Infringement: Are Social Media Giants Still Protected Ten Years after Tiffany?”, 52 U. PAC. L. REV. 877 (2021). Hein Online, accessed via University of Michigan //DH

Counterfeiting is a form of trademark infringement.71 A person counterfeits an item by making a copy or imitating an item without authorization and attempts to pass the copy off as the genuine product. 72 On the spectrum of copied items, there are those that display/affix a famous trademark to an item to appear as if the item is genuine.73 Alternatively, there are "dupes" or "knock-offs"-i.e., items that are similar in appearance to the genuine item but do not include the inspired item's mark.74 Both instances of copying intend to benefit from the goodwill of the genuine items' mark; however, the sale of dupes is not always trademark infringement, while the sale of counterfeits is always trademark infringement. 75

2024 Michigan Affirmative
Topicality › Trademark protection includes counterfeits

Counterfeit marks are trademark infringement

Gina Boone, 2021 - J.D. Candidate, Fordham University School of Law, 2022; M.P.S., Public Relations and Corporate Communications, Georgetown University, “Designing Dupes: A Legislative Proposal for Holding Online Marketplaces Contributorily Liable for Counterfeit Goods”, 31 FORDHAM INTELL. PROP. MEDIA & ENT. L.J. 1302 (2021). Hein Online, Accessed via University of Michigan //DH

The Lanham Act governs trademark protections in the U.S. and defines trademarks as "any word, name, symbol, or device, or any combination thereof'88 One of its original purposes was to prevent fraud and deception by use of reproductions, copies, or counterfeits of registered marks in commerce.89 It also sought to provide rights and remedies respecting trademarks, trade names, and unfair competition.90 The Lanham Act has defined counterfeit as, "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark."91 To prove direct infringement for counterfeit trademarks under § 1114 of the Lanham Act, a plaintiff must show that the defendant used the mark in commerce without consent and that such use is likely to cause confusion.92 Courts will typically apply these elements in a two-prong test to see if the statute protects the mark and whether it causes confusion to a consumer.93

2024 Michigan Affirmative
Topicality › Trademark protection includes counterfeits

Counterfeiting is first-degree trademark infringement under the Lanham Act

Patricia E. Campbell, 2023 - Law School Professor and Director of the Intellectual Property Law Program at the University of Maryland Carey School of Law “Debugging the Trademark Laws: The Lanham Act and Counterfeit Microelectronics,” 31 TEX. INTELL. PROP. L.J. 211 (2023). Hein Online. Accessed via University of Michigan //DH

When the trademark owner prevails and the defendant is found to have engaged in use of a counterfeit mark, enhanced damages and other remedies are available. Under § 35(b) of the Act, willful use of a counterfeit mark subjects the user of the infringing mark to treble damages. 155 The trademark owner also has the option to elect an award of statutory damages instead of actual damages and profits.156 The purpose of § 35 is "to take all the economic incentive out of trademark infringement."157 However, under the Lanham Act, not all trademark infringement rises to the level of counterfeiting. Counterfeiting is "the act of producing or selling a product with a sham trademark that is an intentional and calculated reproduction of the genuine trademark.", 158 It is "'hard core' or 'first degree' trademark infringement and is the most blatant and egregious form of 'passing off."'159 It has been characterized as an aggravated form of trademark infringement "that seeks to trick the consumer into believing that he or she is getting the genuine article."160

2024 Michigan Affirmative
Topicality › AT: T – domestic

The relevant question to determine ‘domestic’ is whether the use in commerce occurred within the United States

Samuel Alito, 2023 – justice of the US Supreme Court, writing the majority opinion in a 9-0 decision. ABITRON AUSTRIA GMBH ET AL. v. HETRONIC INTERNATIONAL, INC. 6/29, //DH

Because §1114(1)(a) and §1125(a)(1) are not extraterritorial, we must consider when claims involve “domestic” applications of these provisions. As discussed above, the proper test requires determining the provision’s focus and then ascertaining whether Hetronic can “establish that ‘the conduct relevant to [that] focus occurred in the United States.’” Nestlé, 593 U. S., at ___–___ (slip op., at 3–4).

Much of the parties’ dispute in this case misses this critical point and centers on the “focus” of the relevant provisions without regard to the “conduct relevant to that focus.” WesternGeco, 585 U. S., at ___ (slip op., at 5). Abitron contends that §1114(1)(a) and §1125(a)(1) focus on preventing infringing use of trademarks, while Hetronic argues that they focus both on protecting the goodwill of mark owners and on preventing consumer confusion. The United States as amicus curiae argues that the provisions focus on only likely consumer confusion.

2024 Michigan Affirmative
Topicality › AT: T – domestic

The Lanham Act isn’t extraterritorial even though it includes foreign commerce

Samuel Alito, 2023 – justice of the US Supreme Court, writing the majority opinion in a 9-0 decision. ABITRON AUSTRIA GMBH ET AL. v. HETRONIC INTERNATIONAL, INC. 6/29, //DH

With this well-established framework in mind, the first question is whether the relevant provisions of the Lanham Act, see §§1114(1)(a), 1125(a)(1), provide “a clear, affirmative indication” that they apply extraterritorially, RJR Nabisco, 579 U. S., at 337.3 They do not.

It is a “rare statute that clearly evidences extraterritorial effect despite lacking an express statement of extraterritoriality.” Id., at 340. Our decision in RJR Nabisco illustrates the clarity required at step one of our framework. There, we held that the Racketeer Influenced and Corrupt Organizations Act could have extraterritorial application in some circumstances because many of its predicate offenses “plainly apply to at least some foreign conduct” and “[a]t least one predicate . . . applies only to conduct occurring outside the United States.” Id., at 338.

2024 Michigan Affirmative
Topicality › AT: T – domestic

Because the harm occurs domestically, the plan’s a domestic application of the Lanham Act

LAWRENCE K. NODINE, 2022 – counsel of record for the International Trademark Association. “BRIEF OF THE INTERNATIONAL TRADEMARK ASSOCIATION AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY” in the case of ABITRON AUSTRIA GMBH, ET AL., Petitioners, v. HETRONIC INTERNATIONAL, INC. Respondent.

//DH

THE LANHAM ACT PASSES THE SECOND STEP OF THE RJR NABISCO TEST BECAUSE PREVENTING FOREIGN CONDUCT THAT CAUSES DOMESTIC CONFUSION OR INJURES DOMESTIC REPUTATION IS A PERMISSIBLE DOMESTIC APPLICATION OF THE LANHAM ACT.

2024 Michigan Affirmative
Topicality › AT: T – domestic

The harm of infringement occurred to domestic companies – that means the plan’s a domestic protection

LAWRENCE K. NODINE, 2022 – counsel of record for the International Trademark Association. “BRIEF OF THE INTERNATIONAL TRADEMARK ASSOCIATION AS AMICUS CURIAE IN SUPPORT OF NEITHER PARTY” in the case of ABITRON AUSTRIA GMBH, ET AL., Petitioners, v. HETRONIC INTERNATIONAL, INC. Respondent.

//DH

Importantly, the Lanham Act’s focus is not limited to point-of-sale consumer confusion. It is broader, and provides remedies against pre-sale and post-sale confusion, injury to reputation, mistaken affiliation or sponsorship, and dilution. If a foreign actor causes substantial injury in the U.S. in these ways, then it would be a permissible domestic application of the Lanham Act to enjoin or provide compensation for these injuries.

2024 Michigan Affirmative
Topicality › AT: T – domestic

The test is whether a trademark generates US consumer confusion – if an infringing good is advertised in the US, it’s domestic

Ketanji Brown Jackson, 2023 – justice of the US Supreme Court, concurring opinion in a 9-0 decision. ABITRON AUSTRIA GMBH ET AL. v. HETRONIC INTERNATIONAL, INC. 6/29, //DH

Simply put, a “use in commerce” does not cease at the place the mark is first affixed, or where the item to which it is affixed is first sold. Rather, it can occur wherever the mark serves its source-identifying function. So, even after a trademark begins to be “use[d] in commerce” (say, when goods on which it is placed are sold), that trademark is also “use[d] in commerce” wherever and whenever those goods are in commerce, because as long as they are, the trademark “identif[ies] and distinguish[es] . . . the source of the goods.” §1127. Such a use is not free-floating; the trademark is being used by the “person” who put that trademark on the goods “to identify and distinguish” them in commerce and “indicate the[ir] source.” Ibid. This is the “use in commerce” to which §1114(1)(a) and §1125(a)(1) refer.

Because it is “use in commerce”—as Congress has defined it—that “provides the dividing line between foreign and domestic applications of ” these provisions, ante, at 14, the permissible-domestic-application inquiry ought to be straightforward. If a marked good is in domestic commerce, and the mark is serving a source-identifying function in the way Congress described, §1114(1)(a) and §1125(a)(1) may reach the “person,” §1127, who is “us[ing that m]ark as a trademark,” Jack Daniel’s, 599 U. S., at ___ (slip op., at 14). But if the mark is not serving that function in domestic commerce, then the conduct Congress cared about is not occurring domestically, and these provisions’ purely domestic sweep cannot touch that person.

2024 Michigan Affirmative
Topicality › AT: T – domestic

Not specifying in the plan means it’s legally ‘domestic’ – plus the infringing activity occurred in the United States since products were sold to US residents

Samuel Alito, 2023 – justice of the US Supreme Court, writing the majority opinion in a 9-0 decision. ABITRON AUSTRIA GMBH ET AL. v. HETRONIC INTERNATIONAL, INC. 6/29, //DH

“It is a ‘longstanding principle of American law “that legislation of Congress, unless a contrary intent appears, is meant to apply only within the territorial jurisdiction of the United States.”’” Morrison v. National Australia Bank Ltd., 561 U. S. 247, 255 (2010). We have repeatedly explained that this principle, which we call the presumption against extraterritoriality, refers to a “presumption against application to conduct in the territory of another sovereign.” Kiobel v. Royal Dutch Petroleum Co., 569 U. S. 108, 119 (2013) (citing Morrison, 561 U. S., at 265). In other words, exclusively “‘[f]oreign conduct is generally the domain of foreign law.’” Microsoft Corp. v. AT&T Corp., 550 U. S. 437, 455 (2007) (alteration omitted). The presumption “serves to avoid the international discord that can result when U. S. law is applied to conduct in foreign countries” and reflects the “‘commonsense notion that Congress generally legislates with domestic concerns in mind.’” RJR Nabisco, Inc. v. European Community, 579 U. S. 325, 335–336 (2016).

Applying the presumption against extraterritoriality involves “a two-step framework.” Id., at 337. At step one, we determine whether a provision is extraterritorial, and that determination turns on whether “Congress has affirmatively and unmistakably instructed that” the provision at issue should “apply to foreign conduct.” Id., at 335, 337; accord, Kiobel, 569 U. S., at 117 (asking whether Congress “intends federal law to apply to conduct occurring abroad”); Nestlé USA, Inc. v. Doe, 593 U. S. ___, ___ (2021) (slip op., at 3). If Congress has provided an unmistakable instruction that the provision is extraterritorial, then claims alleging exclusively foreign conduct may proceed, subject to “the limits Congress has (or has not) imposed on the statute’s foreign application.” RJR Nabisco, 579 U. S., at 337–338.

2024 Michigan Affirmative
Counterplans › AT: Cancellation of marks CP

Cancellation of marks fails – it won’t incentivize enforcement

Patricia E. Campbell, 2023 - Law School Professor and Director of the Intellectual Property Law Program at the University of Maryland Carey School of Law “Debugging the Trademark Laws: The Lanham Act and Counterfeit Microelectronics,” 31 TEX. INTELL. PROP. L.J. 211 (2023). Hein Online. Accessed via University of Michigan //DH

If Congress were to redefine abandonment to specifically include situations where a trademark owner fails to police its mark against known acts of counterfeiting and infringement, the courts would then be faced with the burdensome task of determining whether a given mark had ceased to identify the source or quality of goods bearing the mark. That determination would involve a "highly factual analysis of consumer perception and identification" of the trademark at issue, 457 and the defendant would be forced to prove that by failing to sue others, the trademark owner caused the mark to lose its significance. The result would be increased uncertainty for trademark owners about the extent to which they are required to police the marketplace against infringers, and counterfeiters would ultimately be rewarded for their own bad acts.

Weakening or canceling trademark registrations of electronic parts manufacturers makes little sense and would be ineffective at addressing the problem of counterfeit electronic parts. First, there is no evidence that, despite widespread counterfeiting, the marks of any electronic parts manufacturers have become generic terms that should be subject to cancellation. To the contrary, it may actually confirm their strength. Sophisticated purchasers typically understand the risks associated with buying on the open market, but they choose to do so anyway. Further, imagine a world in which TEXAS INSTRUMENTS, 458 XIL1NX 45 9 LINEAR,4 60 and INTEL461 were no longer protected and were being used on semiconductor devices and other electronic parts by multiple companies. 462 The level of consumer confusion would escalate exponentially, and every part would be suspect. Having been stripped of their property rights, the former owners of those trademark registrations would have little incentive to authenticate their own products or to cooperate with law enforcement. The "abandonment" approach also ignores other proactive measures by the manufacturers, including developing innovative product features to combat counterfeiting, participating in standards setting organizations, engaging in discussions with industry members and government representatives, and cooperating with law enforcement on criminal prosecutions. Redefining abandonment is not the solution, and "policing" a trademark should take into account more than just the number of infringement suits filed by the trademark owner.

2024 Michigan Affirmative
Counterplans › AT: Blockchain CP

Blockchain makes enforcement against third parties impossible

Michael P. Goodyear, 2024 – Acting Assistant Professor, New York University School of Law. “INFRINGING INFORMATION ARCHITECTURES” UC Davis Law Review (forthcoming) [4-Mar-24, Social Sciences Research Network, //DH

As with their predecessors, blockchain-based information architectures are likely to face significant architectural infringement challenges stemming from users’ infringements and the architecture’s novel aspect (in this case, immutability). With standard user-generated content on the Internet, a platform can easily remove infringing content once it learns of it, thus meeting its copyright law obligations for the DMCA safe harbor and contributory liability.308 But with blockchain, the infringing content or link to the infringing content would be written into the blockchain itself and become a permanent part of content that is distributed to other servers.309 Depending on how the content is structured, a platform may host infringing user-created content but be powerless to remove it due to blockchain’s immutability. While novel risks may exist for other actors too, including NFT owners and network service providers, architectural infringement claims strike at the operation of the information architecture itself, implicating the operating (or hosting) platform.

2024 Michigan Affirmative
Counterplans › AT: Mandate technology CP

Technology-neutral requirements are better – improves flexibility for compliance and ensures bad tech isn’t locked in

John H. Zacharia and Kari Kammel, 2020 - John H. Zacharia is former Assistant Deputy Chief for Litigation for the Computer Crime and Intellectual Property Section of the United States Department of Justice’s Criminal Division. Kari Kammel is the Assistant Director of Education and Outreach at the Center for AntiCounterfeiting and Product Protection at Michigan State University. “HOW CONGRESS PROPOSES TO PROTECT CONSUMERS FROM ONLINE COUNTERFEITS: The Good, the Bad, and the Ugly” September,

//DH

Second, Congress should enact one comprehensive bill that is technology neutral. The dramatic growth of e-commerce and its nefarious uses has come upon the U.S. legal system quickly. With new legislation in the era of technology, thought and consideration needs to be given to whether it will be a valid useful legal framework five years from now, ten years from now, or twenty years from now. E-commerce and the surrounding technologies that are being used with it, such as artificial intelligence, are “law disruptive technologies”.142 Nevertheless, requiring e-commerce platforms to use “proactive technological measures” and other “technological measures” dependent on artificial intelligence makes little sense if the e-commerce platforms have a non-technological proactive measure that may be more effective in preventing the sale of counterfeits on their platforms. In the same vein, specifying use of a particular technology would be problematic if in five to ten years from now another more effective technology comes to market.

2024 Michigan Affirmative
Counterplans › AT: Constructive knowledge PIC

A safe harbor alone won’t reduce counterfeiting – it requires changing the knowledge standard

Austin Church, 2023 – J.D. Candidate, Boston University School of Law “INCORPORATING A DEPOSIT MECHANISM INTO THE DIGITAL MILLENNIUM COPYRIGHT ACT TO FIGHT ONLINE COUNTERFEITING IN E-COMMERCE” BOSTON UNIVERSITY LAW REVIEW [Vol.103:935, Hein Online. Accessed via University of Michigan //DH

Another proposal suggests importing a safe harbor scheme like the DMCA’s scheme for copyright and adding affirmative anticounterfeiting measures to qualify for the safe harbor.127 To fall under the DMCA copyright storage safe harbor, service providers must: (1) have no actual knowledge of specific instances of infringing materials; (2) not have received any financial benefit that is directly attributable to the infringing activity; and (3) promptly takedown any potentially infringing material once notified.128 If a service provider satisfies those requirements, a court will not find the provider contributorily liable for copyright-infringing actions taken by the service provider’s users.129 This proposal suggests bringing a similar scheme to trademarks, largely to increase cooperation between Online Marketplaces and trademark holders.130 However, the different type of harm coming from trademark infringement suggests that an affirmative requirement to take anticounterfeiting measures be added to the safe harbor entrance requirements.131

While this proposal is a good start and would likely have a positive effect, it does not go far enough to reduce online counterfeiting by a meaningful amount. After Tiffany, courts only find Online Marketplaces liable for contributory trademark infringement upon a showing of particular knowledge, so importing that requirement will not provide Online Marketplaces with much more protection.132 Additionally, many Online Marketplaces already take affirmative anticounterfeiting measures (including eBay and Amazon), and counterfeit goods still run rampant on those platforms.133 Therefore, while having that affirmative requirement may help on the margins, it is not enough on its own to fully solve the problem.