“united states” defintions -...

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ENDI 2010 1 File Name ENDI 2010 TOPICALITY FILE INDEX ENDI 2010 TOpicality File Index..................................................1 “United States” Defintions.......................................................3 “Federal Government” Definitions.................................................4 “Should” Defintions..............................................................6 “Should” = Past Tense of Shall...................................................7 A2 “Should” = Past Tense of Shall................................................8 1NC Shell—“Substantially Reduce” = 20 Percent...................................10 “Substantially Reduce” = 20 Percent.............................................11 “Substantially Reduce” = 20 Percent.............................................12 1NC Shell—“Substantially Reduce” = 50 Percent...................................14 “Substantially Reduce” = 50 Percent Extensions..................................15 “Substantially Reduce” = 50 Percent Extensions..................................16 “Substantially Reduce” = 50 Percent Extensions..................................17 1nC SHell—“Substantially Reduce” = 25 Percent...................................19 “Substantially Reduce” = 25 Percent.............................................20 “Substantially Reduce” = 25 Percent.............................................21 “Substantially Reduce” = 70 Percent.............................................23 “Substantially Reduce” = 90 percent.............................................24 “Substantially reduce” can Be Complete/Elimination..............................25 A2 “Substantial” means Complete/Eliminate.......................................26 A2 “Substantially Reduce” must be Numerical/Percentage..........................27 “Substantially Reduce” Definitions (Random).....................................28 “Substantially Reduce” Definitions (Random).....................................29 “Substantially Reduce” Definitions (Random).....................................30 A2 1% Reductions ARen’t Substantial.............................................31 A2 “Substantially” = Arbitrary..................................................32 A2 “Substantially” Refers to the Ends Not Means.................................33 “Substantial” = Considerable....................................................34 “Substantially” = Having Real Worth/Value/Substance.............................35 “Substantially” = Without Material Qualification...............................36 “Substantially” = In the main...................................................37 "Substantial" Should Be Defined on Case-By-Case Basis...........................38 "Substantial" = More Than 50 Percent............................................39 "Substantial" = More Than 50 Percent + Not All/Total/Complete***................40 “substantially” = 80-90 Percent.................................................41 "Substantial" = 40 Percent......................................................42 “Substantial” Presence = Major Military Bases...................................43 A2 HR 4421 / Comprehensive Base Closure Act.....................................44 1NC Shell – “Reduce” excludes Complete Withdrawal...............................46 1NC Shell – “Reduce” requires permanence........................................47 1NC Shell – “Reduce” = No Future Increases in Presence..........................48 1NC Shell – “Reduce” = decrease.................................................49 “Reduce” Definitions............................................................50 “Reduce” Definitions............................................................51 A2 “Reduce” excludes eliminate..................................................52 A2 “Reduce” excludes suspend....................................................53 A2 “Reduce” = restore...........................................................54

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Page 1: “UNITED STATES” DEFINTIONS - Wikispacesendi2010.wikispaces.com/file/view/Topicality+-+Six+Week... · Web view“United States” Defintions 3 “Federal Government” Definitions

ENDI 2010 1File Name

ENDI 2010 TOPICALITY FILE INDEX ENDI 2010 TOpicality File Index..................................................................................................................................1“United States” Defintions..............................................................................................................................................3“Federal Government” Definitions...............................................................................................................................4“Should” Defintions............................................................................................................................................................6“Should” = Past Tense of Shall.....................................................................................................................................7A2 “Should” = Past Tense of Shall..............................................................................................................................81NC Shell—“Substantially Reduce” = 20 Percent..............................................................................................10“Substantially Reduce” = 20 Percent.......................................................................................................................11“Substantially Reduce” = 20 Percent.......................................................................................................................121NC Shell—“Substantially Reduce” = 50 Percent..............................................................................................14“Substantially Reduce” = 50 Percent Extensions................................................................................................15“Substantially Reduce” = 50 Percent Extensions................................................................................................16“Substantially Reduce” = 50 Percent Extensions................................................................................................171nC SHell—“Substantially Reduce” = 25 Percent..............................................................................................19“Substantially Reduce” = 25 Percent.......................................................................................................................20“Substantially Reduce” = 25 Percent.......................................................................................................................21“Substantially Reduce” = 70 Percent.......................................................................................................................23“Substantially Reduce” = 90 percent.......................................................................................................................24“Substantially reduce” can Be Complete/Elimination........................................................................................25A2 “Substantial” means Complete/Eliminate........................................................................................................26A2 “Substantially Reduce” must be Numerical/Percentage............................................................................27“Substantially Reduce” Definitions (Random).......................................................................................................28“Substantially Reduce” Definitions (Random).......................................................................................................29“Substantially Reduce” Definitions (Random).......................................................................................................30A2 1% Reductions ARen’t Substantial......................................................................................................................31A2 “Substantially” = Arbitrary....................................................................................................................................32A2 “Substantially” Refers to the Ends Not Means..............................................................................................33“Substantial” = Considerable......................................................................................................................................34“Substantially” = Having Real Worth/Value/Substance...................................................................................35“Substantially” = Without Material Qualification..............................................................................................36“Substantially” = In the main......................................................................................................................................37"Substantial" Should Be Defined on Case-By-Case Basis.................................................................................38"Substantial" = More Than 50 Percent....................................................................................................................39"Substantial" = More Than 50 Percent + Not All/Total/Complete***.........................................................40“substantially” = 80-90 Percent..................................................................................................................................41"Substantial" = 40 Percent...........................................................................................................................................42“Substantial” Presence = Major Military Bases...................................................................................................43A2 HR 4421 / Comprehensive Base Closure Act..................................................................................................441NC Shell – “Reduce” excludes Complete Withdrawal.....................................................................................461NC Shell – “Reduce” requires permanence.........................................................................................................471NC Shell – “Reduce” = No Future Increases in Presence.............................................................................481NC Shell – “Reduce” = decrease..............................................................................................................................49“Reduce” Definitions........................................................................................................................................................50“Reduce” Definitions........................................................................................................................................................51A2 “Reduce” excludes eliminate.................................................................................................................................52A2 “Reduce” excludes suspend...................................................................................................................................53A2 “Reduce” = restore....................................................................................................................................................541NC Shell – “Its” Excludes private military contractors...................................................................................56“Its” Definitions.................................................................................................................................................................57A2 Private contracts = agents of the federal government...............................................................................58A2 Private contractors aren’t “Its”............................................................................................................................591NC Shell – “Presence” = physical presence/ excludes “virtual” presence.............................................61“Presence” excludes virtual presence......................................................................................................................621NC Shell – “Presence” = Visibly Linked to military objectives....................................................................63“Presence” = Visibly linked to military objectives..............................................................................................64

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ENDI 2010 2File Name“Presence” = Visibly linked to military objectives..............................................................................................651NC Shell – “Presence” = Troops..............................................................................................................................66“Presence” = Troops.......................................................................................................................................................67“Presence” = Troops.......................................................................................................................................................68“Presence” = Troops.......................................................................................................................................................691NC Shell – “Presence” = Non-Combat Activities...............................................................................................70“Presence” = Non-Combat Activities........................................................................................................................71“Presence” = Non-Combat Activities........................................................................................................................72“Presence” = Non-Combat Activities......................................................................................................................73A2 “Presence” = More Than Troops.........................................................................................................................74A2 Your definition says “forward” presence..........................................................................................................75“Presence” Definitions (Laundry List)......................................................................................................................76“Presence” Definitions (Laundry List)......................................................................................................................77“Presence” Definitions (Laundry List)......................................................................................................................78“Presence” Definitions (Laundry List)......................................................................................................................79“Presence” Definitions (Laundry List)......................................................................................................................80“Presence” = Military Infrastructure/Assets.........................................................................................................81“Presence” = Military Infrastructure/Assets.........................................................................................................82“Presence” = Temporary Visits...................................................................................................................................83“Presence” Icludes Virtual Presence........................................................................................................................84“Presence” Includes Virtual Presence......................................................................................................................85“Presence” Includes Training......................................................................................................................................86“Presence” = Bilateral Agreements..........................................................................................................................87A2 “Presence” ≠ Weapons............................................................................................................................................88A2 “Presence” = Non-Combat Activities.................................................................................................................89A2 Greer’s Definition of PResence.............................................................................................................................90A2 Presence = Only Deterrence.................................................................................................................................91A2 Definitions of “Forward Presence”......................................................................................................................92“Police Presence” = civilian public police forces................................................................................................95“Police Presence” Definitions.......................................................................................................................................96“And/Or” Definitions........................................................................................................................................................98“And/Or” Definitions........................................................................................................................................................99“And” Definitions.............................................................................................................................................................100“Or” ≠ AND.......................................................................................................................................................................101“Or” Definitions...............................................................................................................................................................103“Or” = And.........................................................................................................................................................................104“In” = Within....................................................................................................................................................................106"In" = Throughout..........................................................................................................................................................107"In" Definitions (Randomness)...................................................................................................................................108“South Korea” Definitions...........................................................................................................................................110“Japan” Definitions.........................................................................................................................................................111“Afghanistan” Definitions............................................................................................................................................112“Iraq” Definitions............................................................................................................................................................113“Kuwait” Definitions......................................................................................................................................................114“Turkey” Definitions......................................................................................................................................................115

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“UNITED STATES” DEFINTIONS “United States” means of or from the United States of North America

Webster’s Third New International Dictionary 1961 p. 2501

Of or from the United States of North America

“United States” means the federal government

Ballentine's Legal Dictionary and Thesaurus 1995 p. 689

the federal government

"United States" means the sovereign state called the "United States"

Ballentine's Legal Dictionary and Thesaurus 1995 p. 689

a sovereign nation or sovereign state called the “United States”

"United States" means the territory over which the sovereign nation of the "United States" exercises sovereign power

Ballentine's Legal Dictionary and Thesaurus 1995 p. 689

the territory over which this sovereign nation called the “United States” exercises sovereign power

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“FEDERAL GOVERNMENT” DEFINITIONS “federal government” means the United States government

Black’s Law Dictionary 99 (Seventh Edition) p.703

The U.S. government—also termed national government

"federal government" means the national government, not the states or localities

Black’s Law Dictionary 99 (Seventh Edition) p.703

A national government that exercises some degree of control over smaller political units that have surrendered some degree of power in exchange for the right to participate in national political matters

“federal government” means the government of the United States of America

Ballentine's Legal Dictionary and Thesaurus 1995 p. 245

the government of the United States of America

Federal means the political unit created by the states, not the states themselves:

Oxford English Dictionary, 1989 (2ed. XIX); Pg. 795

Of or pertaining to the political unity so constituted, as distinguished from the separate states composing it.

Federal is the central government not the states:

American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 647

federal—3. Of or relating to the central government of a federation as distinct from the governments of its member units.

Federal refers to a government in which states form a central government:

American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 647

federal—1. Of, relating to, or being a form of government in which a union of states recognizes the sovereignty of a central authority while retaining certain residual powers of government.

Federal government is all three branches:Henry Black (Ed.) BLACK’S LAW DICTIONARY, 90, p. 695 “[Government ] In the United States, government consists of the executive, legislative, and judicial branches in addition to administrative agencies. In a broader sense, includes the federal government and all its agencies and bureaus, state and county governments, and city and township governments.”

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“SHOULD” DEFINTIONS Should refers to what should be NOT what should have been:

Oxford English Dictionary, 1989 (2ed. XIX), pg. 344

Should An utterance of the word should. Also, what ‘should be’.

Should means an obligation or duty:

American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 1612

Should—1. Used to express obligation or duty: You should send her a note.

Should expresses an expectation of something:

American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 1612

Should—2. Used to express probability or expectation: They should arrive at noon.

Should expresses conditionality or contingency:

American Heritage Dictionary of the English Language, 1992 (4ed); Pg. 1612

Should—3. Used to express conditionality or contingency: If she should fall, then so would I.

“should” expresses duty, obligation, or necessity

Webster’s Third New International Dictionary 1961 p. 2104

Used in auxiliary function to express duty, obligation, necessity, propriety, or expediency

“Should” means IMMEDIATE action

Summers 94 (Supreme Court Justice @ Oklahoma Supreme Court, "Kelsey v. Dollarsaver Food Warehouse of Durant," 11/8, http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=20287#marker2fn14)

The legal question to be resolved by the court is whether the word "should"13 in the May 18 order connotes futurity or may be deemed a ruling in praesenti.14 The answer to this query is not to be divined from rules of grammar;15 it must be governed by the age-old practice culture of legal professionals and its immemorial language usage. To determine if the omission (from the critical May 18 entry) of the turgid phrase, "and the same hereby is", (1) makes it an in futuro ruling - i.e., an expression of what the judge will or would do at a later stage - or (2) constitutes an in in praesenti resolution of a disputed law issue, the trial judge's intent must be garnered from the four corners of the entire record.16 Nisi prius orders should be so construed as to give effect to every words and every part of the text, with a view to carrying out the evident intent of the judge's direction.17 The order's language ought not to be considered abstractly. The actual meaning intended by the document's signatory should be derived from the context in which the phrase to be interpreted is used.18 When applied to the May 18 memorial, these told canons impel my conclusion that the judge doubtless intended his ruling as an in praesenti resolution of Dollarsaver's quest for judgment n.o.v. Approval of all counsel plainly appears on the face of the critical May 18 entry which is [885 P.2d 1358] signed by the judge.19 True minutes20 of a court neither call for nor bear the approval of the parties' counsel nor the judge's signature. To reject out of hand the view that in this context "should" is impliedly followed by the customary, "and the same hereby is", makes the court once again revert to medieval notions of ritualistic formalism now so thoroughly condemned in national jurisprudence and long abandoned by the statutory policy of this State.

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ENDI 2010 7File NameIn praesenti means literally "at the present time." BLACK'S LAW DICTIONARY 792 (6th Ed. 1990). In legal parlance the phrase denotes that which in law is presently or immediately effective , as opposed to something that will or would become effective in the future [in futurol]. See Van Wyck v. Knevals, 106 U.S. 360, 365, 1 S.Ct. 336, 337, 27 L.Ed. 201 (1882).

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“SHOULD” = PAST TENSE OF SHALL Should means the past tense of shall

Collins English Dictionary 09 (Collins English Dictionary, tenth edition, 2009, “should”, p. 1515)

Should. Vb. The past tense of shall: used as an auxiliary verb to indicate that an action is considered by the speaker to be obligatory (You should go) or to form the subjunctive mood with I or we (I should like to see you; if I should be late, go without me). See also shall.

***Don’t run this…it’s dumb…

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A2 “SHOULD” = PAST TENSE OF SHALL **Traditional rules governing the use of should are obsolete in modern grammar: should is now used to express conditional future events

American Heritage Dictionary of the English Language, 1992 (4ed); pg. 1612

Usage Note Like the rules governing the use of shall and will on which they are based, the traditional rules governing the use of should and would are largely ignored in modern American practice. Either should or would can now be used in the first person to express conditional futurity: If I had known that, I would (or somewhat more formally, should) have answered differently. But in the second and third persons only would is used: If he had known that, he would (not should) have answered differently. Would cannot always be substituted for should, however. Should is used in all three persons in a conditional clause if I (or you or he) should decide to go. Should is also used in all three persons to express duty or obligation (the equivalent of ought to ): I (or you or he) should go. On the other hand, would is used to express volition or promise: I agreed that I would do it. Either would or should is possible as an auxiliary with like, be inclined, be glad, prefer, and related verbs: I would (or should) like to call your attention to an oversight. Here would was acceptable on all levels to a large majority of the Usage Panel in an earlier survey and is more common in American usage than should. Should have is sometimes incorrectly written should of by writers who have mistaken the source of the spoken contraction should’ve. See Usage Notes at if, rather, shall.

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1NC SHELL—“SUBSTANTIALLY REDUCE” = 20 PERCENT A. Definition--"substantial reduction" means 20 percent

Magee v. Dir 02 (Magee v. Dir., 80 Ark. App. 162., lexis)

The general rule is that a substantial pay reduction gives an employee good cause for quitting. Yet, there is no set percentage or bright-line rule that makes a reduction in pay "substantial." The weight of authority, however, appears to be that a reduction of over 20 percent is so substantial as to compel an employee to quit a job and have good cause to do so, but a reduction of less than 20 percent is not .  

B. Violation—the Aff plan doesn't reduce US military or policy presence by 20 percent (or insert plan-specific explanation)

C. Standards

1. Bright-line—Affirmatives that require a 20 percent reduction in military or police presence are topical—those than require less than 20 percent are NOT

2. Ground—mandating that Affirmatives require reduce military or police presence by 20 percent is vital for Negative disad and kritik link ground and counterplan ground in the form of offsets or smaller percentage reductions

3. Limits—forcing Affirmatives to reduce presence by 20 percent is critical in preventing a proliferation of Affirmatives that only marginally reduce US military or policy presence

D. Topicality is a voting issue—tells the Negative what to and what not to prepare for in debates

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“SUBSTANTIALLY REDUCE” = 20 PERCENT "substantial reduction" means approximately 20 percent

Words and Phrases 2002 (Volume 40A) p. 559

Pa.Cmwlth. 1996. Approximately 20% decrease in school district’s enrollment during previous ten years constituted “substantial decrease” in enrollment under Public School Code

Anything below 20 percent doesn't constitute a "substantial reduction"

Jennings 02 (John, Judge @ Arkansas Court of Appeals, Magee v. Dir., 80 Ark. App. 162)

"Good cause is a cause that would reasonably impel an average, able-bodied, qualified worker to give up his or her employment." Garrett v. Director, 58 Ark. App. 7, 944 S.W.2d 865 (1997). HN2

We will affirm the Board's decision on a question of fact if it is supported by substantial evidence. Rankin v. Director, 78 Ark. App. 174, 79 S.W.3d 885 (2002). Substantial evidence is such evidence as a reasonable mind might accept as adequate to support a conclusion. Walls v. Director, 74 Ark. App. 424, 49 S.W.3d 670 (2001). In the case at bar the Board of Review stated: HN3 The general rule is that a substantial pay reduction gives an employee good cause for quitting. Yet, there is no set percentage or bright-line rule that makes a reduction in pay "substantial." The weight of authority, however, appears to be that a reduction of over   [**3]   twenty percent is so substantial as to compel an employee to quit a job and have good cause to do so, but a reduction of less than twenty percent is not. . . .In this case, restoring the claimant's salary to its previous level amounted to a reduction of approximately eleven- percent. The Board finds that this reduction is not substantial and does not constitute good cause for quitting the employment.

20 percent reductions are considered "substantial"

Carrasco 94 (Enrique, Associate Professor, University of Iowa, College of Law, Summer, 30 Stan. J Int'l L. 221)

n221. See Ribe et al., supra note 144, at 7. In Chile, for example, the distributive impact of stabilization measures was decidedly regressive. Predictably, the post-1982 economic measures in Chile resulted in a substantial reduction (20% per capita) of public social expenditures, mainly in health, education and housing. These types of expenditures, however, benefitted the lowest forty percent of the income group in Chile. Real wages fell by more than 20% at the outset of the adjustment phase and remained close to that level for several years thereafter. Construction and industrial workers, as well as underpaid public sector employees, suffered disproportionate losses in this regard. More than 50% of the unemployed were in the lowest 20% of the income group. Consumption per capita dropped by 15% as a result of the stabilization. By 1988, the share of total consumption by households in the highest 20% of the income group stood at 54.6% compared to a 12.6% share for the lowest forty percent of the income group. Carrasco, supra note 1, at 359. Chile's adjustment in the 1970s also resulted in a widening of the gap between the rich (e.g., the grupos) and the poor. See id. at 313.

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“SUBSTANTIALLY REDUCE” = 20 PERCENT 20 percent reductions are "substantial"

Eschbach 86 (Judge, US 7th Circuit Court of Appeals, Schuneman v. United States, 783 F.2d 694, lexis)

n5 Few would dispute that a 20 percent reduction in income of $6,520 is substantial to a person who earns at most $32,600 per year.

Reductions over 20 percent are "substantial"

Dannin 95 (Ellen, associate professor at California Western School of Law, 16 Berkeley J. Emp. & Lab. L. 1, lexis)

n269 Of this package, economist Brian Easton comments: Thus the substantial reductions in unemployment benefits--some of the cuts were over 20 percent--plus harsher entitlement conditions, were intended to reinforce the changes in industrial law, by keeping unskilled wage rates lower, and--it was hoped--so generating extra jobs. Unfortunately the fiscal impact of the package--involving substantial reductions in social welfare spending--collapsed a fragile economy into its sharpest post-war contraction, so the harsher welfare measures and the changes in the industrial relations law, compounded the social pressures of an economic downturn.

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1NC SHELL—“SUBSTANTIALLY REDUCE” = 50 PERCENT A. Interpretation – presence refers to the totality of US military power in a country

Blechman et al, 97 – President of DFI International, and has held positions in the Department of Defense, the U.S. Arms Control and Disarmament Agency, and the Office of Management and Budget (Barry, Strategic Review, Spring, “Military Presence Abroad in a New Era: The Role of Airpower,” p. 14)

The highly complex nature of military presence operations, with manifestations both psychological and physical, makes their effects difficult to identify and assess. Nonetheless, presence missions (whether employing forces stationed abroad or afloat, temporarily deployed or permanently based overseas, or based in the United States) are integral parts of U.S. defense strategy. Through routine presence operations, the United States seeks to reinforce alliances and friendships, make credible security commitments to crucial regions, and nurture cooperative political relations. More episodically, forces engaged in presence operations can dissuade aggressors from hostile demands, help prevent or contain regional crises, and, when conflict erupts nonetheless, provide an infrastructure for the transition to war.Given its multifaceted nature, neither practitioners nor scholars have yet settled on a single definition of presence. Technically, the term refers to both a military posture and a military objective. This study uses the term “presence” to refer to a continuum of military activities, from a variety of interactions during peacetime to crisis response involving both forces on the scene and those based in the United States. Our definition follows that articulated by the U.S. Joint Chiefs of Staff: “Presence is the totality of U.S. instruments of power deployed overseas (both permanently and temporarily) along with the requisite infrastructure and sustainment capabilities.”2

AND A substantial reduction in presence requires at least a 50% decrease

Comprehensive Base Closure Reform and Recovery Act, 92 (1992 H.R. 4421 ; 102 H.R. 4421, text of the Comprehensive Base Closure Reform and Recovery Act of 1992, introduced by Olympia Snowe, lexis)

TITLE I-ENVIRONMENTAL RESTORATION AT MILITARY INSTALLATIONS TO BE CLOSEDSEC. 101. CLEANUP SCHEDULE FOR CERTAIN BASES ON SUPERFUND NATIONALPRIORITIES LIST.  (a) CLEANUP SCHEDULE FOR CERTAIN BASES ON NATIONAL PRIORITIES LIST.-(1)With respect to each military installation described in subsection (b)-      (A) before the installation is closed or substantial reductions in its operations have occurred, at least 75 percent of the remedial action required on the installation pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) shall be completed; and      (B) not later than two years after the installation is closed or substantial reductions in its operations have occurred, all of the remedial action required on the installation pursuant to such Act shall be completed.  (2) For purposes of paragraph (1), substantial reductions in the operations of a military installation shall be considered to have occurred if more than 50 percent of the personnel assigned to the installation, including employees and members of the Armed Forces, have been reassigned and moved to another installation.

B. Violation – the affirmative is a minor reduction in presence

C. Voting issue –

1. limits – allowing minor reductions allows countless variations of small affs likes reducing a single type of intelligence gathering or a covert op in Afghanistan or arms sales to Japan; it makes adequate research impossible

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2. negative ground – topic disads won’t link to minor modifications, and generic ground is vitally important to protect since there are 6 different countries with diverse literature bases

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“SUBSTANTIALLY REDUCE” = 50 PERCENT EXTENSIONS A substantial reduction in military personnel is greater than 50%

THOMAS.gov, 92 – Summary of H.R.4421, the Comprehensive Base Closure Reform and Recovery Act of 1992 (http://thomas.loc.gov/cgi-bin/bdquery/z?d102:HR04421:@@@L&summ2=m&)

Comprehensive Base Closure Reform and Recovery Act of 1992 - Title I: Environmental Restoration At Military Installations To Be Closed - Requires, with respect to each military installation which is on the National Priorities List (for substantial environmental cleanup) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and which is to be closed under Federal base closure Acts or otherwise by the Department of Defense (DOD): (1) that at least 75 percent of the environmental remedial action required under Federal law be completed before the installation is closed or substantial reductions in its operations have occurred; and (2) that all of the required remedial action be occurred no later than two years after such installation is closed or substantially reduced. Defines a "substantial reduction" as the reassignment of more than 50 percent of its personnel.

Substantial reduction is at least 50%

Pallone, 3 – US Congressional Representative (Text of H.R. 3189, introduced by Pallone, to amend Title XVII of the Social Security Act,” 9/25, http://www.theorator.com/bills108/hr3189.html)

`(7) SUBSTANTIAL REDUCTION- The term `substantial reduction'-- `(A) means, as determined under regulations of the Secretary and with respect to a qualified beneficiary, a reduction in the average actuarial value of benefits under the plan (through reduction or elimination of benefits, an increase in premiums, deductibles, copayments, and coinsurance, or any combination thereof), since the date of commencement of coverage of the beneficiary by reason of the retirement of the covered employee (or, if later, January 6, 2004), in an amount equal to at least 50 percent of the total average actuarial value of the benefits under the plan as of such date (taking into account an appropriate adjustment to permit comparison of values over time); and `(B) includes an increase in premiums required to an amount that exceeds the premium level described in the fourth sentence of section 602(3).'

"substantial reduction" means 50 percent

Davignon v. Clemmey 01 (Davignon v. Clemmey, 176 F. Supp. 2d 77  )

The court begins the lodestar calculation by looking at the contemporaneous billing records for each person who worked on the plaintiff's case. The absence of detailed contemporaneous time records, except in extraordinary circumstances, will call for a substantial reduction in any award or, in egregious cases, disallowance. What is a "substantial reduction"? Fifty percent is a favorite among judges.    

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“SUBSTANTIALLY REDUCE” = 50 PERCENT EXTENSIONS Substantial reduction means 50 percent

Morse 03 (Stephen, Ferdinand Wakeman Hubbell Professor of Law & Professor of Psychology and Law in Psychiatry, University of Pennsylvania, Fall, 1 Ohio St. J. Crim. L. 289, lexis)

I propose that the amount of punishment reduction should be inversely related to the seriousness of the crime: the fixed reduction would be smaller for more serious crimes and vice versa. Defendants who commit more serious crimes and are therefore more dangerous would be incarcerated proportionately longer than defendants convicted of less serious crimes. In all cases, however, the reduction would have to be substantial to reflect substantially reduced culpability. Consider by analogy the typical penalty difference between second-degree murder and manslaughter, which often provides for a fifty percent reduction . The law already provides for substantial mitigation reduction for the most serious crimes.

In the context of energy and environmental policy, reductions of 50 percent are considered "substantial"

Slawson 86 (David, Torrey H. Webb Professor of Law, University of Southern California, May, 59 S. Cal. L. Rev. 672, lexis)

a. Studies concluding that we are underestimating the severity of the injuries we already know: The law requires that the EPA periodically review its standards concerning the components of air pollution. 49 The last time it reviewed its standards for ozone was in 1979, when it weakened its so-called "primary" standard 50 for this component by raising it   [*689]   from.08 parts per million ("ppm") to.12 ppm. 51 The reduction was by fifty percent, which, of course, is substantial . Yet, according to a 1982 Brookings Institution study, the governmental review processes that led to the change were neither scientifically sound nor fair. Errors in the process led the EPA to underestimate ozone's long-term ill effects. 52

In the context of energy policy, substantial reduction means over 50 percent

Reitze and Davis 93 (Arnold and Arnold, Elyce Zenoff Research Professor of Law and Director of the LL.M. program in environmental law @ George Washington University + Associate @ Brown, Rudnick, Freed & Gesmer, P.C., Fall, 21 B.C. Envtl. Aff. L. Rev. 1, lexis)

Other requirements are similar to those imposed on new sources but are not as stringent. PM limits are thirty-four and sixty-nine mg/dscm for very large and large plants, respectively. SO[2] reductions must be seventy percent for very large plants and fifty percent for large plants; HCl reductions must be ninety percent for very large plants and fifty percent for large plants. 315 These new limits represent a substantial reduction in emissions if complied with, even though they only apply to the largest MSW incinerators. This is because this portion of the combustor universe deals with most of the wastes that are incinerated. The air pollutants that these regulations require removed still must go somewhere. The problem is that "somewhere" is increasingly difficult to find.

Substantial reduction means up to 50 percent

Utility Europe 10/1/00 (lexis)

Web-enabled purchasing, or e-procurement, provides opportunities for European utilities to make substantial cost reductions. For example, they are looking at price reductions in the range of 5-10 per cent on materials and services, and reduced inventory costs of up to 50 per cent were mentioned by those surveyed as targets for web-enabled procurement.

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“SUBSTANTIALLY REDUCE” = 50 PERCENT EXTENSIONS In the context of environmental and energy policy, substantial reduction means 50 percent

Fontaine 93 (Peter, Attorney, U.S. Environmental Protection Agency, Office of Enforcement, 18 Colum. J. Envtl. L. 31, lexis)

Integrated permits coordinate the permitting processes of various media and consolidate into a single document every relevant and applicable pollution standard. Increased regulatory stringency and diminished resources have already prompted several states, 299 and a number of European nations, 300 to move toward integrated permit systems because they are more efficient and make better environmental sense. In Massachusetts, the success of the Blackstone Project in identifying cross-program environmental problems and opportunities for pollution prevention may lay the groundwork for an integrated permit system. New Jersey is currently implementing an eighteen month pilot program, with funding and assistance from the EPA, that involves the development of a single multimedia permit for three companies which volunteered to test the concept. 301 One noteworthy fact is that the project incorporates pollution prevention as the principal focus of the permits as opposed to the more traditional "end-of-pipe" controls. 302 Pollution prevention opportunities and corresponding permit limits will be identified and established following internal audits to quantify total pollutant-loadings to all environmental media. The project is mandated by New Jersey's Pollution Prevention Act, which established a five-year goal of reducing the generation of hazardous substances by fifty percent . 303 According to one of the companies participating in the project, anticipated benefits include not only substantial reductions in pollution but also substantial administrative and transactional efficiencies as the permits currently held by the facility (totalling more than sixty) will be cut to one. 304

In the context of energy policy, reductions of 55 percent are considered "substantial"

Grumet 98 (Jason, Executive Director of the Northeast States for Coordinated Air Use Management, Summer, 11 Tul. Envtl. L.J. 375, lexis)

In contrast, substantial NOx reductions (55 percent) can be achieved from electric utilities for under $ 500 per ton and the 85 percent reductions proposed by the EPA can be achieved for under $ 1,700 per ton. 99 These figures are conservative. Many anticipate the actual costs of these controls will be less than $ 1,000 per ton, once control technologies are optimized and a regional trading program is implemented. Concerns over their own fiscal "bottom lines" and basic equity has led other industries to break the code of silence and quietly work to support the control of NOx pollution from utilities. Although denied from the outset, it was commonly understood that the primary goal of the OTAG was to build the case for utility controls. Had all the industrial interests joined together and abandoned the process, the OTAG effort would have been substantially weakened if not scuttled altogether. One of the main reasons other industries stayed in the process was to prevent the utilities from once again escaping regulation. 100 This persistence and the greater cost effectiveness of utility controls seems to have paid off. In the proposed action under Section 110, the EPA proposes to reduce total state NOx emissions by 35 percent on average. The EPA proposes that states fulfill this cumulative NOx reduction obligation by achieving on average a 13 percent additional reduction in NOx emissions from on-highway vehicles, a 14 percent additional reduction from non-road sources (construction and agricultural equipment, trains, lawnmowers, etc.), a 33 percent additional  [*405]  reduction from non-utility stationary sources, and a 69 percent additional reduction from electric generating utilities. 101

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1NC SHELL—“SUBSTANTIALLY REDUCE” = 25 PERCENT A. Interpretation—“Substantially reduce” means at least 25 percent

US Code, 10 (TITLE 10. ARMED FORCES SUBTITLE A. GENERAL MILITARY LAW PART IV. SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 148. NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE REINVESTMENT, AND DEFENSE CONVERSION SUBCHAPTER II. POLICIES AND PLANNING, Current as of 5/17/10, lexis)

   "(f) Definitions. For purposes of this section:      "(1) The term "major defense program" means a program that is carried out to produce or acquire a major system (as defined in section 2302(5) of title 10, United States Code).      "(2) The terms 'substantial reduction' and 'substantially reduced', with respect to a defense contract under a major defense program, mean a reduction of 25 percent or more in the total dollar value of the funds obligated by the contract.".

B. The Affirmative doesn’t reduce US military or police presence by 25 percent

C. Voting issue

1. limits – allowing minor reductions allows countless variations of small affs likes reducing a single type of intelligence gathering or a covert op in Afghanistan or arms sales to Japan; it makes adequate research impossible

2. negative ground – topic disads won’t link to minor modifications, and generic ground is vitally important to protect since there are 6 different countries with diverse literature bases

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“SUBSTANTIALLY REDUCE” = 25 PERCENT Reductions of 20 to 25 percent are "substantial"—reductions of less than 15 percent aren't

Thompson v. Brown Printing Co 94 (Thompson v. Brown Printing Co., 1994 Minn. App. LEXIS 1051, lexis)

20-25 percent pay reduction is substantial but less than 15 percent is not sufficient to show good cause to quit. An employee's difficulties with his manager did not constitute good cause to quit where upper management promptly responded to the employee's complaint and the manager ceased swearing. An employee's complaints, such as being left out of meetings, having his managerial powers taken away, and being chastised by his supervisor, do not constitute harassment. Irreconcilable differences with a co-worker, personality conflicts, and job frustrations do not constitute good cause to quit. 

"substantial reduction" means at least 25 percent—legal doctrine proves

Rouse 82 (Judge, California Court of Appeals, Maitland v. Employment Development Dept., 130 Cal. App. 3d 331, lexis)

Support for defendants' position is found in Bunny's Waffle Shop v. Cal. Emp. Com. (1944) 24 Cal.2d 735, 743 [151 P.2d 224], where the California Supreme   [***5]   Court held that HN2 a "substantial reduction in earnings" (in that instance a 25 percent wage cut) would generally be regarded as good cause for leaving employment. (P. 743.) Plaintiff has directed our attention to no authority, nor are we aware of any, for the proposition that a far smaller reduction in wages , such as plaintiff's 7-2/3 percent reduction, would constitute good cause for voluntarily leaving employment. The conclusion that such a reduction would not furnish good cause for leaving one's employment is especially compelling here in view of plaintiff's own testimony that the wage reduction would not have caused her to quit her job, without first obtaining other employment, but for her belief that she was eligible for unemployment compensation benefits.

Substantial reduction means between 20 and 30 percent

Money Marketing 5/13/04 (lexis)

Sesame is setting out its stall in a bid to attract new members, offering professional indemnity premium cuts of 20 per cent to firms joining its network as well as promising existing members substantial reductions in their PI costs .The mega-network says some members will see their PI premiums cut by up to 30 per cent, with over 90 per cent seeing premiums fall by a fifth.

Substantial reduction means 25 percent

Precision Marketing 2/28/03 (lexis)

Like any industry, we have key objectives. These usually focus on getting more advertisers to use the medium. And the year-on-year growth figures show that we are achieving this. Yet in the same breath we hear that sectors like charities have shown a 25 per cent reduction in mailing volume over the past few years. Why? Because our short-termist philosophy does not deal with the fundamentals. If charities are seeing substantial reductions in volume, will this not filter through to other sectors?

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“SUBSTANTIALLY REDUCE” = 25 PERCENT Substantial reduction means at least 24 percent

Frost 98 (Christopher, Professor of Law, Saint Louis University School of Law, Winter, 72 Am. Bankr. L.J. 103, lexis)

While the fast track system is widely touted as a method of reducing the costs of Chapter 11, thus making reorganization available to small debtors, the approach also has significant governance benefits. Managers recognizing that a day of reckoning is close at hand will have less incentive to delay the case in hopes of a turnaround in the debtor's business fortunes. The data regarding fast track procedures certainly shows that the procedure moves cases through Chapter 11 more quickly. A study of Chapter 11 cases before and after Bankruptcy Judge Mund of the Central District of California instituted a fast track procedure show a substantial reduction in the median time to confirmation (24.1 percent), conversion (44.1 percent), dismissal (53.5 percent),   [*127]   and in the total days in Chapter 11 (45.4 percent) . 96

Substantial reduction means 28 percent

Luna 97 (Erik, Member of the California Bar, Winter, 46 DePaul L. Rev. 483, lexis)

Through education and social coercion, Americans have begun to kick the most addictive drug on earth - nicotine. Between 1965 and 1987, the proportion of adults smoking cigarettes dropped twenty-eight percent. 565 "We have seen a substantial reduction in the use of tobacco over the last thirty years," argues political commentator William F. Buckley, "and this is not because tobacco became illegal but because a sentient community began, in substantial numbers, to apprehend the high cost of tobacco to human health." 566 Federal Judge Robert W. Sweet adds, "If our society can learn to stop using butter, it should be able to cut down on cocaine." 567 Education and social disapproval are the answer, not self-righteous paternalism.

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“SUBSTANTIALLY REDUCE” = 70 PERCENT Substantial reduction means 75 percent—environmental studies prove

Natural Resources Conservation Service 04 ("Highly Erodible Land Conservation Compliance," www.nrcs.usda.gov/programs/compliance/helcindex.html)

A Substantial Reduction in Soil Erosion is defined as:Generally, a 75% reduction of the potential erodibility (PE), not to exceed two (2) times the soil loss tolerance (T) level for the predominant highly erodible soil map unit in the highly erodible field.

Substantial reduction means at least 70 percent—crime statistics prove

Petersilia 97 (Joan, professor of criminology, law, and society in the School of Social Ecology, University of California at Irvine, 22 Crime & Just. 149, lexis)

Gerstein et al. (1994, p. 33) conclude: "Treatment was very cost beneficial: for every dollar spent on drug and alcohol treatment, the state of California saved $ 7 in reductions in crime and health care costs. The study found that each day of treatment paid for itself on the day treatment was received, primarily through an avoidance of crime. The level of criminal activity declined by two-thirds from before treatment to after treatment. The greater the length of time spent in treatment, the greater the reduction in crime. Reported criminal activity declined before and after treatment as follows: mean number of times sold or helped sell drugs (-75 percent), mean number of times used weapon/physical force (-93 percent), percent committing any illegal activity (-72 percent), and mean months involved in criminal activity (-80 percent)."Regardless of type of treatment modality, reduction in crime was substantial and significant (although participants in the social model recovery programs had the biggest reduction). In the California study, the most effective treatment programs cost about $ 12,000 per year, per client (Gerstein et al. 1994). UCLA researchers recently concluded: "It seems that drug abuse treatment mandated by the criminal justice system  [*192]  represents one of the best and most cost-effective approaches to breaking the pernicious cycle of drug use, criminality, incarceration, and recidivism" (Prendergast, Anglin, and Wellisch 1995).

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“SUBSTANTIALLY REDUCE” = 90 PERCENT Substantial reduction means 90 percent—environmental policy proves

Menell 90 (Peter, Acting Professor of Law, University of California at Berkeley School of Law, 1990 COLUM. BUS. L. REV. 399, lexis)

n43 For example, in the four years following Allied Chemical Corporation's structural changes, see supra note 22, employee injuries fell seventy-five percent. See Coffee, supra note 22, at 456. 3M Company has also achieved substantial reduction in environmental degradation through its internal incentive programs. See 3 M Announces Plan to Cut Hazardous Releases by 90 Percent , Emphasize Pollution Prevention, 20 Env't Rep. (BNA) at 441-42 (June 16, 1989); Ling, supra note 22, at 129.

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“SUBSTANTIALLY REDUCE” CAN BE COMPLETE/ELIMINATION

Total closures meet "substantial reduction"

Sathre 86 (Constance, Legal Intern, Office of the General Counsel, National Oceanic and Atmospheric Administration, Spring, 16 Envtl. L. 731, lexis)

United States scientists predict that the agreement will reduce the Japanese interception of North American salmon by approximately twenty to thirty percent. 61 Total closure of the Bering Sea area to the mothership fleet should result in substantial reductions in the number of salmon intercepted from the Yukon-Kuskokwim River area. The revised research and enforcement provisions are perhaps the most significant aspects of the agreement, since they will contribute to our knowledge of the landbased fisheries, and will provide the basis for future negotiations.

Government bans can be considered substantial reductions in consumption—tobacco ad bans prove

Polin 88 (Kenneth, LL.M. Candidate, New York University, 1990, Fall, 17 Hofstra L. Rev. 99, lexis)

Thus, because advertising serves to attract new product users 238 as well as perhaps to increase consumption by present consumers, and since tobacco advertising has not been established without bias to have the extraordinary effect to the contrary, a ban of tobacco advertising should serve the substantial government interest in the reduction of tobacco use, 239 and is, therefore, valid as "reasonably" based. 240

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A2 “SUBSTANTIAL” MEANS COMPLETE/ELIMINATE Substantial is distinct from ALL or FULL or COMPLETE

Sucaet 97 (Michael, practices law at the Bloomfield Hills, Michigan law firm of Vestevich, Mallender, DuBois & Dritsas, P.C, Winter, 1997 Det. C.L. Rev. 1203, lexis)

It is no easy task to comply with all of these conditions. The process can be lengthy and expensive. There are, however, benefits. The USEPA Policy lists three major incentives to encourage auditing, disclosure, and prompt corrections. A gravity based penalty is defined as that portion of a penalty above a regulated entity's economic benefit obtained through the noncompliance. n40 The penalties are intended to reflect the seriousness of the violation. The first incentive identified by the USEPA Policy is that gravity based penalties can be reduced by seventy-five percent.  n41 That is, a regulated entity may pay only twenty-five percent as a gravity based penalty. The company must satisfy all conditions discussed above to qualify for the seventy-five percent reduction.   n42 Substantial compliance is not sufficient . The USEPA expressly reserved the right to collect any economic benefit realized by the regulated entity as a result of the non-compliance.  n43

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A2 “SUBSTANTIALLY REDUCE” MUST BE NUMERICAL/PERCENTAGE

Federal courts agree—substantially shouldn't be defined precisely to a numerical value such as 80 or 90 percent

Curtin 03 (United States Circuit Judge of the Western District of New York, Gateway Equip. Corp. v. United States, 247 F. Supp. 2d 299, lexis)

While the court agrees that the meanings of limitation and impairment refer to restriction and reduction, it does not agree with the uncited definition of "substantial" as an order of magnitude equivalent to 80 or 90 percent. Random House Unabridged Dictionary 1897 (2d ed. 1993) defines "substantial" as "of ample or considerable amount quantity, size," a much less precise definition than offered by the government. It is clear that the CB-4000 can and does transport its load over the public highway in the course of traveling to a job [**33]  site. The question is whether that transportation function is substantially limited by its special design in the type of material it can haul, and whether there are other factors that substantially limit/ impair its use for over-the-road distance hauling.

Percentage-based definitions of a "substantial reduction" are flawed—ignore how multiple variations interact

Lord 95 (Senior Judge, Commonwealth Court of Pennsylvania, KAOLIN MUSHROOM FARMS, INC. v. UNEMPLOYMENT COMPENSATION BD. OF R..., 669 A.2d 438, lexis)

While a reduction of ten percent in wages may not be substantial in some instances, and while there is admittedly language in Steinberg Vision Associates noting that "a 14.2% wage reduction is at the cusp," of having a substantial impact, I cannot agree that a ten percent reduction in the wages of a mushroom picker making $ 6 per hour is not a substantial reduction. I cannot accept the notion of a percentage-based "cusp" because I am convinced that the percentage varies with the wage--the less the wages, the more impact any percentage reduction has.

There exists a distinction between numerical and actual substantial reductions

Stewart 03 (Andrew, JD @ William S. Richardson School of Law, Summer, 4 Asian-Pacific L. & Pol'y J. 307, lexis)

Although Prime Minister Sato ultimately succeeded in returning Okinawa to Japan, the final terms of the reversion were not what many Okinawans, and many Japanese, had hoped for. 258 Following a series of negotiations with the United States, streams of domestic allegations and criticisms, 259 and minor compromises between the LDP and fragmented  [*349]  opposition parties, 260 Okinawa was officially returned to Japan on May 15, 1972. 261 Although the base reduction resulting from the reversion appeared numerically substantial , it only amounted to 5,000 square meters of land returned to Okinawan landowners, of which seventy-five percent had not been used for bases . 262 Furthermore, Japan stationed 6,800 of its Self-Defense Force (SDF) troops in Okinawa following the reversion, while no major U.S. units were withdrawn from the islands. 263 In the end, Okinawan reversion was a showcase for adorning Sato's political legacy 264 and an opportunity for the LDP's conservative wing to revive national pride by removing the Okinawan blemish from the country's collective memory. 265 It was not the liberation from military colonialism that many Okinawans had been hoping for. 266

An action that materially advances governmental interests can be considered a "substantial reduction"

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ENDI 2010 31File NameHalberstam 99 (Daniel, Attorney Advisor, Office of Legal Counsel, U.S. Department of Justice, April, 147 U. Pa. L. Rev. 771, lexis)

If applied with respect to tobacco advertising, Central Hudson would demand that the restrictions materially advance, and be reasonably tailored to advance, a substantial government interest. If preventing gambling by Puerto Rico residents, and assisting states in preventing their citizens from playing out-of-state lotteries each suffices to justify the restriction of commercial speech, the reduction of the number of smokers should be deemed "substantial " in this calculus as well. If we accept the government's claims about the individual health consequences and the public health costs of tobacco consumption, then the government's interest in reducing the incidence of smoking would easily seem substantial. The central question, then, under Central Hudson would be whether a ban on tobacco advertising (or a more limited restriction) furthers that goal and is reasonably tailored to doing so.

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“SUBSTANTIALLY REDUCE” DEFINITIONS (RANDOM) 17 percent reduction is "substantial"

Design Week 10/24/02 (lexis)

People in other functions were not quite this lucky though. New business directors' pay fell 5 per cent across the country, which is perhaps curious given the shortage reported by many recruitment agencies, unless they have benefited from more advantageous incentive- based packages that have cut basic pay levels. Managing directors have felt the pinch too. In our sample, managing directors' salaries fell 17 per cent beyond London .While our data gave London managing directors an average rise of just 4 per cent, just over inflation, other data - particularly that from the big marketing services networks - points to substantial reductions in managing directors' salaries , which are most closely linked to group performance anyway.

Reductions of 43 percent are considered substantial

Sellers 84 (Joseph, Director of the Public Education Legal Services Project, 27 How. L.J. 1471, lexis)

In 1954, the Supreme Court decided Bolling v. Sharpe, 9 a companion case with Brown v. Board of Education 10 and three other state cases. In Bolling, the Court held that the District's racially segregated public school system violated the due process clause of the Fifth Amendment. 11 At the time Bolling was decided, the public school enrollment in the District of Columbia was approximately half white. After desegregation was mandated, the number of white students began declining while the black enrollment rose rapidly. By 1967, white students constituted only about seven percent of the total enrollment . 12 Although it is unclear to what extent the drop in white enrollment was caused by desegregation, the substantial reduction in white students attending the D.C. public schools has made   [*1474]   integration impractica l, if not impossible. 13

Reductions of 95% constitute "substantial reduction"

Inbau 99 (Fred, Summer, 89 J. Crim. L. & Criminology 1293, lexis)

The court accepted the opinion of Florida Rock's expert, noting that the decline in fair market value from $ 10,500 to $ 500 per acre constituted a "substantial reduction in valu e." 81 Yet the court also observed that this ninety-five percent reduction "in and of itself is not a sufficient basis for concluding that a taking has occurred." 82 The court then stated it also must inquire into "the owner's opportunity to recoup its investment" 83 to determine whether compensation was required. 84 It observed that Florida Rock had purchased the property for mining purposes and that the property owner could recoup its investment only by engaging in this activity. 85 The regulation thus resulted in a substantial impact on Florida Rock's investment. 86 The court concluded that a taking had occurred, 87 and the Government appealed for a second time to the Court of Appeals for the Federal Circuit.

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“SUBSTANTIALLY REDUCE” DEFINITIONS (RANDOM) Reductions of 37% are "substantial"

Afilalo 02 (Ari, Assistant Professor of Law, Rutgers-Camden School of Law, Summer, 34 N.Y.U. J. Int'l L. & Pol. 749, lexis)

The United States recently put forth its proposal for the adoption in the Doha Round of new agricultural rules. 141 The U.S. proposal includes a series of suggested international trade laws that should improve the developing countries' conditions and move toward eliminating the agricultural selective-exit strategy. 142 In the realm of trade-distorting domestic support, the United States is arguing for gradual elimination of all such subsidies. 143 The United States is pushing for the adoption of a formula that will limit trade-distorting support to five percent of the total value of the agricultural production of a given contracting party over a five-year period. 144 Under the U.S. view, the Doha Round will fix a date whereby all trade-distorting support will be phased out. 145 The United States is also advocating a substantial reduction in the tariff rates for agricultural goods. 146 Currently, the world average of tariffs on agricultural products is sixty- two percent, and the U.S. average  [*788]  tariff on such goods is twelve percent. 147 The U.S. proposal would call for the application of a formula to reduce all agricultural tariffs to below twenty-five percent over a five-year period, with the highest tariffs reduced first. 148 The United States proposes that WTO members agree to a date for the ultimate elimination of all tariffs on agricultural products. 149

Reductions of 3 percent can be considered "substantial"

Bailey and Greenberg 98 (Michael and Aaron, Department of Psychology @ Northwestern, Summer, 92 Nw. U.L. Rev. 1225, lexis)

Without a control group created via random assignment, one must be cautious in drawing inferences from a study. It is not obvious, in such cases, what an appropriate comparison would be. Two sources of data provide recidivism rates for comparison with castrated sex offenders. First, several of the studies have provided recidivism rates of their subjects prior to castration. Most of these recidivism rates have greatly exceeded fifty percent, probably because recidivists are more likely to be recommended for castration. Second, studies have examined sex offender recidivism directly. The best relevant study of this question followed 136 extrafamilial child molesters (defined as an adult male having sex with a girl below the age of fourteen or a boy below the age of sixteen when at least five years older than the victim and unrelated to him or her), who were released from a Canadian maximum security psychiatric facility. 25 Of one hundred and thirty-six subjects followed (over an average of 6.3 years), thirty-one percent were convicted of another sex offense, and an additional twenty-seven percent were returned to the institution due to misbehavior, which was typically sex-related. These figures suggest that the sex offenders in the castration studies would have been likely to reoffend if not castrated, and that the average postcastration recidivism rate of three percent was a substantial reduction.

9 percent reductions can be considered "substantial"

Sybert 94 (Richard, Executive Director of the California Center for Public Policy, Fall, 31 San Diego L. Rev. 945, lexis)

Since 1968 immigration levels have soared, and in the 1980s the number of newcomers surpassed that noted in 1905-1914. When even a conservative estimate is made of illegal entries, the total number entering the country over the 1980s exceeded nine million. . . . In marked contrast to the first decade of the 20th century when about 85 percent of all immigrants came from Europe, by the 1980s only 15 percent came from Europe while some 80 percent came from

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ENDI 2010 34File NameLatin America, the Caribbean, and Asia. . . . The 76 percent Anglo share of the 1990 national population marked a substantial reduction from the 85 percent share in 1950 . 28

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“SUBSTANTIALLY REDUCE” DEFINITIONS (RANDOM) Reductions between 30 and 40 percent are considered "substantial"

Cummings 78 (United States Circuit Judge of the Seventh Circuit, United States v. Mowat, 582 F.2d 1194, lexis)

The import of these justifications recently was reaffirmed in Aluli v. Brown, 437 F. Supp. 602 (D.Haw.), in which Mowat, Ritte, Sawyer, other individuals and the Ohana sued Government officials to enjoin bombing activities on the Island of Kahoolawe. In refusing to grant an injunction enjoining defendants from using live ordinance on Kahoolawe, Judge Wong's unreported opinion of September 15, 1977, stated (at p. 17): "Defendants have testified that the military readiness of the Third Fleet would be reduced by 30 to 40 percent. Although no measurement standards were cited in arriving at these figures, the court finds that the reduction would nevertheless be substantial. Alternative sites were considered and rejected by defendants. The reasons given for their rejection seem reasonable. Considering the potential loss of military preparedness, this court finds that the balance of hardships tip decidedly toward the defendants.  [**31]  "

10 percent reductions are "substantial"

Sexton 85 (Judge, Court of Appeal of Louisiana, Second Circuit, Nason v. Louisiana Dep't of Employment Sec., 475 So. 2d 85, lexis)

In Robertson , the court found that a forty percent reduction in wages was a sufficiently substantial reduction to thereby entitle the claimant to unemployment compensation.In Jantzen of Louisiana, Inc. v. Blache, 464 So.2d 33 (La. App. 3d Cir. 1985), the court found that a claimant who was employed as a machine operator, compensated at a fixed rate for each unit produced, suffered a substantial reduction when the rate for each finished product was reduced from $ .95 to $ .54, thus entitling the claimant to unemployment compensation.The jurisprudence cited serves only as a guide to assist us in determining whether this ten percent reduction is indeed substantial. While we cannot say precisely at what level a reduction in pay becomes substantial, we are of the view that this reduction of just under ten percent had a significant impact on appellant's economic status. We thus determine that the reduction at issue is sufficiently substantial   [*88]   as a matter of law to be good cause for leaving the employment.  

Substantial reduction means between 30 and 50 percent

Williamson 95 (Richard, Professor of Law, University of Miami, Winter, 28 Cornell Int'l L.J. 71)

n59. The U.S. Senate has voted its consent to ratification of the START I agreement which will require substantial reductions in strategic nuclear weapons . See START I, supra note 41. Thirty to fifty percent reductions in strategic systems are needed for the United States and the four relevant states of the former Soviet Union to meet the START I limits. The START Treaty: Hearings Before the Senate Comm. on Foreign Relations, 102d Cong., 2d Sess. 49 (1992) (prepared statement of Ronald F. Lehman II, Director, Arms Control and Disarmament Agency). The START I agreement entered into force December 5, 1994, following Ukraine's accession to the NPT. Message to the Senate Transmitting the Strategic Arms Reduction Talks Treaty, 27 Weekly Comp. Pres. Doc. 1726 (Nov. 25, 1991) (President's transmittal to Senate); Statement of Senate Ratification of the Strategic Arms Reduction Treaty, 28 Weekly Comp. Pres. Doc. 1836 (Oct. 1, 1992) (Senate ratification); Remarks at a Nuclear Agreement Signing Ceremony in Budapest, 30 Weekly Comp. Pres. Doc. 2464 (Dec. 5, 1994). U.S. and Russian leaders have reached agreement on a START II treaty, under which they will reduce their total strategic warheads to 3,500 and 3,000 respectively. START II was signed by U.S. President Bush and Russian President Yeltsin on January 3, 1993. The treaty provides for a further two-thirds

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ENDI 2010 36File Namereduction in the nuclear arsenals of each country. Treaty with the Russian Federation on Further Reduction and Limitation of Strategic Offensive Arms, Jan. 3, 1991, U.S.-Rus., S. Treaty Doc. No. 1, 103d Cong., 1st Sess. (1993) [hereinafter START II]; see Ann Devroy, Bush and Yeltsin Sign Treaty to Slash Nuclear Arsenals, Wash. Post, Jan. 4, 1993, at A1; Keeping START's Promise, Wash. Times, Jan. 6, 1993, at G2. That will be a dramatic reduction, certainly far better than even the most optimistic arms control advocates could realistically have hoped for only a few years ago.

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A2 1% REDUCTIONS AREN’T SUBSTANTIAL Reductions of less than one percent can be substantial—level of personal reliance is key

Luttig 93 (Judge, US 4th Circuit Court of Appeals, Baltimore Teachers Union v. Mayor of Baltimore, 6 F.3d 1012, lexis)

n8 To the extent that the magnitude of the ensuing economic loss from an impaired contract (as opposed to the nature of the right impaired) is relevant to the question of the substantiality of the impairment, we reject the City's contention that an annual salary reduction of .95% is insubstantial. Based upon an annual salary of $ 25,000, this amount could represent a substantial portion of a monthly mortgage or rental payment, or weeks of food. Indeed, because individuals plan their lives based upon their salaries, we would be reluctant to hold that any decrease in an annual salary beyond one that could fairly be termed de minimis could be considered insubstantial. See, e.g., Association of Surrogates v. New York, 940 F.2d 766, 772 (2d Cir. 1991) (A 10% reduction in salary over 20 weeks prompted court to remark that "the affected employees have surely relied on full paychecks to pay for such essentials as food and housing."), cert. denied, 117 L. Ed. 2d 107, 112 S. Ct. 936 (1992) ("Surrogates"); Association of Surrogates v. New York, 79 N.Y.2d 39, 588 N.E.2d 51, 54, 580 N.Y.S.2d 153 (N.Y. 1992) (10% reduction in salary over 10 weeks "not an insubstantial impairment to one confronted with monthly debt payments and daily expenses for food and the other necessities of life"); cf. Sniadach v. Family Fin. Corp., 395 U.S. 337, 342 n.9, 23 L. Ed. 2d 349, 89 S. Ct. 1820 (1969) ("For a poor man to lose part of his salary often means his family will go without the essentials." (internal quotations omitted)).

One percent reductions can be "substantial" if the degree of reliance is extremely high

Lee 94 (Thomas, September, 72 N.C.L. Rev. 1633, lexis)

The Fourth Circuit easily concluded that the city had entered contracts with its employees upon enacting the Ordinance of Estimates, 31 and that the   salary reductions constituted an impairment of these contracts. 32 Second, the court determined that the nearly one-percent pay reduction was substantial 33 because the level of compensation was a contractual inducement upon which the plaintiffs had especially relied. 34

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A2 “SUBSTANTIALLY” = ARBITRARY Substantially must be given meaning even if arbitrary – contextual uses are key

Devinsky 02 (Paul, IP UPDATE, VOLUME 5, NO. 11, NOVEMBER 2002, “Is Claim "Substantially" Definite?  Ask Person of Skill in the Art”, http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/c2c73bdb-9b1a-42bf-a2b7-075812dc0e2d.cfm)

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

"substantial" is a relative term—context must be used to define

Words and Phrases 2002 (Volume 40A) p. 464

Cal. 1956. “Substantial” is a relative term, its measure to be gauged by all the circumstances surrounding the matter in reference to which the expression has been used

"substantial" has no exact meaning—context is key

Words and Phrases 2002 (Volume 40A) p. 483

The word “substantial” is susceptible to different meanings according to the circumstances, and is variously defined as actual, essential, material, fundamental, although no rule of thumb can be laid down fixing its exact meaning

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A2 “SUBSTANTIALLY” REFERS TO THE ENDS NOT MEANS “substantial” refers to the nature of use, NOT the ends resulting from such use

Words and Phrases 2002 (Volume 40A) p. 450

C.A.9 (Cal.) 1969. Under statute providing that purchased property will be considered used for investment credit purposes only if substantial use is made, “ substantial” refers to nature of use, not to profit made from use

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“SUBSTANTIAL” = CONSIDERABLE "substantial" means of real worth or considerable value—this is the USUAL and CUSTOMARY meaning of the term

Words and Phrases 2002 (Volume 40A) p. 458

D.S.C. 1966. The word “substantial” within Civil Rights Act providing that a place is a public accommodation if a “substantial” portion of food which is served has moved in commerce must be construed in light of its usual and customary meaning , that is , something of real worth and importance; of considerable value; valuable, something worthwhile as distinguished from something without value or merely nominal

"substantial" means considerable in amount or value

Words and Phrases 2002 (Volume 40A) p. 453

N.D.Ala. 1957. The word “substantial” means considerable in amount, value, or the like, large, as a substantial gain

Substantially- to a great or significant extent

Compact Oxford English Dictionary, 8 (“substantially”, 2008, http://www.askoxford.com/concise_oed/substantially?view=uk)

substantiallyadverb 1 to a great or significant extent. 2 for the most part; essentially.

Substantial- considerable in quantity

Merriam-Webster, 8 (“substantial”, 2008, http://www.merriam-webster.com/cgi-bin/dictionary?book=Dictionary&va=substantially)

Main Entry: sub·stan·tial1 a: consisting of or relating to substance b: not imaginary or illusory : real, true c: important, essential2: ample to satisfy and nourish : full <a substantial meal>3 a: possessed of means : well-to-do b: considerable in quantity :   significantly great <earned a substantial wage>4: firmly constructed : sturdy <a substantial house>5: being largely but not wholly that which is specified <a substantial lie>

Of ample or considerable amount, quantity, or size

Random House Unabridged Dictionary, 6 (Dictionary.com Unabridged, “substantial”, http://dictionary.reference.com/search?q=substantially&r=66)

1. of ample or considerable amount, quantity, size, etc.: a substantial sum of money.2. of a corporeal or material nature; tangible; real.3. of solid character or quality; firm, stout, or strong: a substantial physique.4. basic or essential; fundamental: two stories in substantial agreement.5. wealthy or influential: one of the substantial men of the town.6. of real worth, value, or effect: substantial reasons.7. pertaining to the substance, matter, or material of a thing.8. of or pertaining to the essence of a thing; essential, material, or important.

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ENDI 2010 41File Name9. being a substance; having independent existence.10. Philosophy. pertaining to or of the nature of substance rather than an accident or attribute.

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“SUBSTANTIALLY” = HAVING REAL WORTH/VALUE/SUBSTANCE

"substantial" means actually existing, real, or belonging to substance

Words and Phrases 2002 (Volume 40A) p. 460

Ala. 1909. “Substantial” means “belonging to substance; actually existing; real; *** not seeming or imaginary; not elusive; real; solid; true; veritable

"substantial" means having substance or considerable

Ballentine's Legal Dictionary and Thesaurus 1995 p. 644

having substance; considerable

“substantial” means having worth or value

Ballentine's Legal Dictionary and Thesaurus 1995 p. 644

having worth or value

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“SUBSTANTIALLY” = WITHOUT MATERIAL QUALIFICATION Substantially is without material qualification

Black’s Law Dictionary 1991 [p. 1024]

Substantially - means essentially; without material qualification.

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“SUBSTANTIALLY” = IN THE MAIN Substantially means including the main part

WORDS AND PHRASES, 1964, p. 818.

“Substantially” means in substance; in the main; essentially; by including the material or essential part.

"substantial" means in the main

Words and Phrases 2002 (Volume 40A) p. 469

Ill.App.2 Dist. 1923 “Substantial” means in substance, in the main, essential, including material or essential parts

Substantially means in the most important or basic way

MacMillan Dictionary, 10 (Macmillan English Dictionary - a free English dictionary online with thesaurus and with pronunciation from Macmillan Publishers Limited, http://www.macmillandictionary.com/dictionary/american/substantially)

Substantially1 by a large amount or degreeWe have substantially increased the number of programs.The city has grown substantially.2 very strongly made or builta substantially built brick house3. in the most important or basic wayThe two women hold substantially equivalent positions in the two companies.

Substantially means essentially

Encarta, 09 (Encarta World English Dictionary, http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861716589)

sub·stan·tial·lyadverb  Definition:   1. considerably: in an extensive, substantial, or ample way2. essentially: in essence

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"SUBSTANTIAL" SHOULD BE DEFINED ON CASE-BY-CASE BASIS

"Substantial" should be defined on a case-by-case basis

Edlin 02 (Aaron, Professor of Economics and Law, University of California Berkeley School of Law, January, 111 Yale L.J. 941, lexis)

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

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"SUBSTANTIAL" = MORE THAN 50 PERCENT Substantial means more than 50 percent

GRAND CANYON AIR v FAA 98 (caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=dc&navby=case&no=971003a)

"Substantial" may well be defined as meaning "more than half." See Webster's Third New International Dictionary 2280 (1993) ("being that specified to a large degree or in the main") (4th meaning).

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"SUBSTANTIAL" = MORE THAN 50 PERCENT + NOT ALL/TOTAL/COMPLETE***

Substantial means more than half, but NOT all, wholly, or totally

Bailey v. United States 98 (Bailey v. United States, 39 F. Supp. 2d 1132, lexis)

n4 To do this, the court will need a working definition of the terms "substantial" and "substantially." Courts have given these terms widely different meanings, depending on the context. See Victor v. Nebraska, 511 U.S. 1, 19, 114 S. Ct. 1239, 1250, 127 L. Ed. 2d 583 (1994) ("substantial" means either "not seeming or imaginary" or "that specified to a large degree" in the context of a reasonable doubt instruction, citing Webster's Third New International Dictionary 2280 (1981)); Kluener v. Commissioner of Internal Revenue, 154 F.3d 630, 637 (6th Cir. 1998) ("substantial" means something less than a preponderance, but more than a mere reasonable basis, citing 26 C.F.R. P1.6662-4(d)(3) (1997)); Id., at 639 ("substantial" means "considerable" or "ample"); Canyon Air Tour Coalition v. Federal Aviation Administration, 332 U.S. App. D.C. 133, 154 F.3d 455, 474 (D.C. Cir. 1998) ("substantial" may well be defined as meaning "more than half," "being that specified to a large degree or in the main," "not seeming or imaginary," "considerable in amount"); York Products, Inc. v. Central Tractor Farm & Family Center, 99 F.3d 1568, 1572-73 (Fed. Cir. 1996) ("substantially" means "considerable in . . . extent," citing American Heritage Dictionary Second College Edition 1213 (2d ed. 1982) or "largely but not wholly that which is specified," citing Webster's Ninth New Collegiate Dictionary 1176 (9th ed. 1983)); Koch v. United States, 47 F.3d 1015, 1021 (10th Cir. 1995) ("substantially" means "justified in substance or in the main -- that is, justified to a degree that could satisfy a reasonable person." (citations omitted)); Laitram Machinery, Inc. v. Carnitech, 884 F. Supp. 1074, 1085 (E.D.La. 1995) (definition of "substantially" in a patent case is a jury question); C.E. Equipment Co., Inc. v. United States, 17 Cl. Ct. 293, 299 (1989) ("substantially" means "less than totally"); Darlington v. Studebaker-Packard Corporation, 191 F. Supp. 438, 439 (N.D. Ind 1961) ("The word 'substantially' is a relative term and should be interpreted in accordance with context of claim in which it is used."). At trial, the court will expect the parties to propose appropriate definitions for these terms for the court to use in deciding this case.

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“SUBSTANTIALLY” = 80-90 PERCENT Substantially means 80-90 percent

Curtin 03 (United States Circuit Judge of the Western District of New York, Gateway Equip. Corp. v. United States, 247 F. Supp. 2d 299, lexis)

The regulations do not define "substantially," "limited," or "impaired." The government cites Webster's Ninth New College Dictionary for the definitions of "limit" and "impairment" as suggesting "meanings equivalent to restriction and reduction, respectively." Item 30, p. 3, n.1. It posits that the word "substantially" suggests "an order of magnitude equivalent to 80% or 90%." Id. It concludes that "using those definitions, 'substantially limited' and 'substantially impaired' means that there must be an 80%-90% restriction and/ or reduction of use by virtue of the design of the CB-4000." Id.

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"SUBSTANTIAL" = 40 PERCENT Substantial should be defined as 40 percent—best avoids vagueness

Schwartz 04 (Arthur, Lawyer @ Schwartz + Goldberg, 2002 U.S. Briefs 1609, lexis)

In the opinion below, the Tenth Circuit suggested that a percentage figure would be a way to avoid vagueness issues. (Pet. App., at 13-14) Indeed, one of the Amici supporting the City in this case, the American Planning Association, produced a publication that actually makes a recommendation of a percentage figure that should be adopted by municipalities in establishing zoning  [*37]  regulations for adult businesses. n8 The APA's well researched report recommended that the terms " substantial" and "significant" be quantified at 40 percent for floor space or inventory of a business in the definition of adult business. n9 (Resp. Br. App., at 15-16)

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“SUBSTANTIAL” PRESENCE = MAJOR MILITARY BASES Substantial means major military bases. Eland 07 (Ivan Eland, Ph.D. in Public Policy and Director of Defense Policy Studies at the Cato Institute, 6/11/07, “The U.S. Military Presence in South Korea Is Not a Model for Iraq”, http://webcache.googleusercontent.com/search?q=cache:R7jepIGVfiQJ:www.americanchronicle.com/articles/29324+substantial+%22military+presence%22&cd=3&hl=en&ct=clnk&gl=us&client=safari)

The Bush administration has decided its new model for a long-term solution in Iraq is Korea. It’s an attempt to stifle the inevitable comparisons of the Iraq quagmire to Vietnam and a way to justify the eventual reduction of U.S. forces in Iraq (to take the heat off Republican candidates in the 2008 elections), while retaining a substantial U.S. military presence by establishing three or four long-term major military bases. The plan would ultimately be a disaster for the United States.

Substantial means major bases or supplies in a country. Rogers 02(Paul Rogers, editor and professor of peace studies at Bradford University, 1/14/02, “US entrenchment across central Asia”, http://webcache.googleusercontent.com/search?q=cache:fdPLasZokqoJ:www.opendemocracy.net/conflict/article_86.jsp+substantial+%22military+presence%22&cd=6&hl=en&ct=clnk&gl=us&client=safari)

These developments in the Gulf are in addition to the substantial US presence in the region for the ten years prior to 11 September. These include major bases and pre-positioned supplies in Saudi Arabia, Kuwait and Bahrain and the huge logistics supply centre and air base on Diego Garcia in the Indian Ocean.

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A2 HR 4421 / COMPREHENSIVE BASE CLOSURE ACT HR 4421 was never enacted – it’s not federal lawBill Tracking Report, 92 (Bill Tracking Report for the Comprehensive Base Closure Reform and Recovery Act of 1992, 1992 Bill Tracking H.R. 4421; 102 Bill Tracking H.R. 4421, lexis)

COMPREHENSIVE BASE CLOSURE REFORM AND RECOVERY ACT OF 1992SPONSOR: Representative Olympia J. Snowe R-MEDATE-INTRO: March 10, 1992LAST-ACTION-DATE: March 10, 1992STATUS: Not Enacted TOTAL-COSPONSORS: 0 CosponsorsSYNOPSIS: A bill to establish a comprehensive recovery program for communities businesses, and workers adversely affected by the closure or realignment of military installations.

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1NC SHELL – “REDUCE” EXCLUDES COMPLETE WITHDRAWAL

A. Interpretation - Reduce excludes eliminate

Words and Phrases 02 (vol 36B, p. 80)

Mass. 1905. Rev.Laws, c.203, § 9, provides that, if two or more cases are tried together in the superior court, the presiding judge may “reduce” the witness fees and other costs, but “not less than the ordinary witness fees, and other costs recoverable in one of the cases” which are so tried together shall be allowed. Held that, in reducing the costs, the amount in all the cases together is to be considered and reduced, providing that there must be left in the aggregate an amount not less than the largest sum recoverable in any of the cases. The word “reduce,” in its ordinary signification, does not mean to cancel, destroy, or bring to naught, but to diminish, lower, or bring to an inferior state.—Green v. Sklar, 74 N.E. 595, 188 Mass. 363.

B. Violation – the affirmative completely eliminates US military or police presence

C. Voting issue –

1. limits – they create six more affirmatives and explode the topic literature base; we have to be accountable for the entire peace movement and answer critical affs which require distinct strategies

2. predictability – our evidence signifies the ordinary meaning of reduce; moving beyond the ordinary meaning of words sets a precedent to interpret the all other words unpredictably

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1NC SHELL – “REDUCE” REQUIRES PERMANENCE A. Reduce means permanent reduction – it’s distinct from “suspend”

Reynolds 59 – Judge (In the Matter of Doris A. Montesani, Petitioner, v. Arthur Levitt, as Comptroller of the State of New York, et al., Respondents [NO NUMBER IN ORIGINAL] Supreme Court of New York, Appellate Division, Third Department 9 A.D.2d 51; 189 N.Y.S.2d 695; 1959 N.Y. App. Div. LEXIS 7391 August 13, 1959, lexis)

Section 83's counterpart with regard to nondisability pensioners, section 84, prescribes a reduction only if the pensioner should again take a public job. The disability pensioner is penalized if he takes any type of employment. The reason for the difference, of course, is that in one case the only reason pension benefits are available is because the pensioner is considered incapable of gainful employment, while in the other he has fully completed his "tour" and is considered as having earned his reward with almost no strings attached. It would be manifestly unfair to the ordinary retiree to accord the disability retiree the benefits of the System to which they both belong when the latter is otherwise capable of earning a living and had not fulfilled his service obligation. If it were to be held that withholdings under section 83 were payable whenever the pensioner died or stopped his other employment the whole purpose of the provision would be defeated, i.e., the System might just as well have continued payments during the other employment since it must later pay it anyway.  [***13]  The section says "reduced", does not say that monthly payments shall be temporarily suspended; it says that the pension itself shall be reduced. The plain dictionary meaning of the word is to diminish, lower or degrade. The word "reduce" seems adequately to indicate permanency .

B. Violation – the aff only suspends a military operation, it doesn’t reduce it

C. Voting issue –

1. limits – allowing suspension effectively doubles the size of the topic – all currently run affs can be suspended or reduced

2. negative ground – allowing suspension destroys our disad links, it allows them to say that the possibility of resuming presence deters or signals that the US is still committed

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1NC SHELL – “REDUCE” = NO FUTURE INCREASES IN PRESENCE

A. Reduce means to diminish in size – this excludes refusing to accept future increases

Guy 91 - Circuit Judge (TIM BOETTGER, BECKY BOETTGER, individually and as Next Friend for their Minor Daughter, AMANDA BOETTGER, Plaintiffs-Appellees, v. OTIS R. BOWEN, Secretary of Health and Human Services (89-1832); and C. PATRICK BABCOCK, Director, Michigan Department of Social Services (89-1831), Defendants-Appellants Nos. 89-1831, 89-1832 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 923 F.2d 1183; 1991 U.S. App. LEXIS 671)

The district court concluded that the plain meaning of the statutory language does not apply to the termination of employment one obtains on his own. A termination, the court held, is not a refusal to accept employment. In this case, the plain meaning of the various words suggests that "refuse to accept" is not the equivalent of "terminate" and "reduce." As a matter of logic [**18]  and common understanding, one cannot terminate or reduce something that one has not accepted. Acceptance is  [*1189]  a pre-condition to termination or reduction. Thus, a refusal to accept is a precursor to, not the equivalent of, a termination or a reduction. n3 n.3 This distinction is also reflected in the dictionary definitions of the words. "Accept" is defined in anticipatory terms that suggest a precondition ("to undertake the responsibility of"), whereas "terminate" and "reduce" are defined in conclusory terms ("to bring to end, . . . to discontinue"; "to diminish in size, amount, extent, or number."). See Webster's New Collegiate Dictionary (9th ed. 1985).

B. Violation – the affirmative prevents a planned deployment, it doesn’t reduce an existing deployment

C. Voting issue –

1. limits – they explode the topic, they force us to prepare for all current military presence and every possible proposal to increase presence. Any aff that has a card saying some deployment is “likely” meets their burden for a new aff

2. negative ground – they destroy our disads, all of our links are to existing deployments

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1NC SHELL – “REDUCE” = DECREASE A. Reduce means decrease – excludes the possibility or result of increasing

Friedman 99 – Senior Circuit Judge, US Court of Appeals for the Federal Circuit (CUNA MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. 98-5033 UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT 169 F.3d 737; 1999 U.S. App. LEXIS 1832; 99-1 U.S. Tax Cas. (CCH) P50,245; 83 A.F.T.R.2d (RIA) 799 February 9, 1999, Decided, lexis)

B. CUNA's position has another fatal flaw. Section 808 is captioned "Policy Dividends Deduction," and § 808(c) states:(1) In generalExcept as limited by paragraph (2), the deduction for policyholder dividends for any taxable year shall be an amount equal to the policyholder dividends [**15]  paid or accrued during the taxable year.(2) Reduction in case of mutual companiesIn the case of a mutual life insurance company, the deduction for policyholder dividends for any taxable year shall be reduced by the amount determined under section 809."The amount determined" under § 809, by which the policyholder dividend deduction is to be "reduced," is the "excess" specified in § 809(c)(1). Like the word "excess," the word "reduced" is a common, unambiguous, non-technical term that is given its ordinary meaning. See San Joaquin Fruit & Inv. Co., 297 U.S. at 499. "Reduce" means "to diminish in size, amount, extent, or number." Webster's Third International Dictionary 1905. Under CUNA's interpretation of "excess" in § 809(c), however, the result of the "amount determination" under § 809 would be not to reduce the policyholder dividends deduction, but to increase it. This would directly contradict the explicit instruction in § 808(c)(2) that the deduction "be reduced." The word "reduce" cannot be interpreted, as CUNA would treat it, to mean "increase."

B. Violation – the affirmative doesn’t cause a net reduction, they result in a increase

C. Voting issue –

1. limits – allowing the aff to effectually increase military presence explodes our research burdens

2. negative ground – their affirmative creates a result that destroys all of our disad links, which stem from the net reduction in presence

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“REDUCE” DEFINITIONS Reduce means to diminish to a smaller number

Oxford English Dictionary 89 (online, at Emory)

reduce, v.26. a. To bring down, diminish to a smaller number, amount, extent, etc., or to a single thing.

Reduce means to make smaller

Webster’s 93 (Webster’s Third New International Dictionary, online at Emory)

reduce   vb  -ED/-ING/-Sb (1)  : to diminish in size, amount, extent, or number : make smaller: LESSEN, SHRINK

Reduce means to lessen

Oxford English Dictionary, 89 (online, at Emory)

reduce, v.b. To lower, diminish, lessen.

Reduce means to decrease

Encarta World Dictionary 07 (http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861700111)

reduceDefinition:1. transitive and intransitive verb decrease: to become smaller in size, number, extent, degree, or intensity, or make something smaller in this way

Reduce means to diminish in size

Merriam Webster Online Dictionary 08 (http://www.merriam-webster.com/dictionary/reduce)reducetransitive verb1 a: to draw together or cause to converge : consolidate <reduce all the questions to one> b (1): to diminish in size, amount, extent, or number <reduce taxes> <reduce the likelihood of war> (2): to decrease the volume and concentrate the flavor of by boiling <add the wine and reduce the sauce for two minutes> c: to narrow down : restrict <the Indians were reduced to small reservations> d: to make shorter : abridge

Reduce means to make smaller

Cambridge Advanced Learner’s Dictionary 08 (http://dictionary.cambridge.org/define.asp?key=66270&dict=CALD)

reduceverb [I or T] to make something smaller in size, amount, degree, importance, etc:Do nuclear weapons really reduce the risk of war?The plane reduced speed as it approached the airport.My weight reduces when I stop eating sugar.We bought a television that was reduced (from £500 to £350) in the sales.To make a thicker sauce, reduce the ingredients by boiling for 5 minutes.I reduced the problem to a few simple questions.

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“REDUCE” DEFINITIONS Reduce means to weaken

American Heritage 10 (American Heritage Dictionary of the English Language, http://education.yahoo.com/reference/dictionary/entry/reduce)

re·duceVERB:re·duced, re·duc·ing, re·duc·es VERB:tr.1. To bring down, as in extent, amount, or degree; diminish. See Synonyms at decrease.2. To bring to a humbler, weaker, difficult, or forced state or condition; especially:

a. To gain control of; conquer: "a design to reduce them under absolute despotism" (Declaration of Independence). b. To subject to destruction: Enemy bombers reduced the city to rubble. c. To weaken bodily: was reduced almost to emaciation. d. To sap the spirit or mental energy of.e. To compel to desperate acts: The Depression reduced many to begging on street corners. f. To lower in rank or grade. See Synonyms at demote.g. To powder or pulverize.h. To thin (paint) with a solvent.

Reduce is to make smaller

Collins English Dictionary 09(Collins English Dictionary, tenth edition, 2009, “should”, p. 1515)

Reduce. Vb. 1. To make or become smaller in size, number, extent, degree, intensity, etc.

Reduce is to restore

Oxford English Dictionary 89(The Oxford English Dictionary, second edition, volume XIII, 1989, p. 431)

Reduce. V. to bring back, restore, replace.

Reduce is to conquer and control

Webster’s Dictionary 83(Webster’s contemporary American Dictionary of the English Language, 1983, p. 592)

Reduce. V. To gain control of; conquer

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A2 “REDUCE” EXCLUDES ELIMINATE Reduce includes elimination

US Code 09 (26 CFR 54.4980F-1, lexis)

  § 54.4980F-1 Notice requirements for certain pension plan amendments significantly reducing the rate of future benefit accrual.(c) Elimination or cessation of benefits. For purposes of this section, the terms reduce or reduction include eliminate or cease or elimination or cessation.

Reduce can include an elimination

Federal Register 10 (26 CFR 1.411(d)-3, Current as of 5/19/10, lexis)

(7) Eliminate; elimination; reduce; reduction. The terms eliminate or elimination when used in connection with a section 411(d)(6)(B) [26 USCS § 411(d)(6)(B)] protected benefit mean to eliminate or the elimination of an optional form of benefit or an early retirement benefit and to reduce or a reduction in a retirement-type subsidy. The terms reduce or reduction when used in connection with a retirement-type subsidy mean to reduce or a reduction in the amount of the subsidy. For purposes of this section, an elimination includes a reduction and a reduction includes an elimination.

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A2 “REDUCE” EXCLUDES SUSPEND Reduce is a form of suspension

Widener 01 – Judge for US Court of Appeals for the Fourth Circuit (CARRINGTON GARDENS ASSOCIATES, I, A VIRGINIA LIMITED PARTNERSHIP, Plaintiff-Appellant, v. HENRY G. CISNEROS, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, Defendant-Appellee, 1 Fed. Appx. 239; 2001 U.S. App. LEXIS 634, 1/17, lexis)

Under the regulation, 24 C.F.R. § 886.123, the payments to Carrington could have been stopped for good, the contract terms aside. For construction of the contract terms, we adopt the wording of the opinion of the district court for the next three paragraphs of this opinion which follow:The plain meaning of the word "withhold" is "to retain in one's possession that which belongs to or is claimed or sought by another. . . . To refrain from paying that which is due." Black's Law Dictionary 1602 (6th ed. 1990). Using this common meaning of "withhold," HUD clearly has the authority to retain housing assistance payments. But, the HAP Contract's withhold remedy also limits how long [**7]  the funds may be retained. The housing assistance payments may be retained only "until the default under this Contract has been cured." Tr. Ex. 8, § 26. Once the default is cured, HUD may no longer keep the retained funds. This remedy, therefore, creates a trust type relationship where HUD has the authority to keep the withheld funds on the owner's account only while the owner is in default and thereafter must pay out the withheld funds when the default is cured.In contrast, the reduce-or-suspend remedy suggests a more permanent forfeiture of funds. The word "suspend" means "to interrupt; to cause to cease for a time; to post pone; to stay, delay, or hinder; to discontinue temporarily, but with an expectation or purpose of resumption." Black's Law Dictionary 1446 (6th ed. 1990). "Reduce" means "to diminish in size, amount, extent, or number." Webster's Third New International Dictionary 1905 (1981). <3> Based on these definitions, "reduce" is merely a less radical form of "suspend."Under the common meanings of "reduce" and "suspend," HUD has the authority to discontinue housing assistance payments entirely or diminish the size of the payments while Carrington Gardens [**8]  is in default. Like the withhold remedy, this remedy limits how long payments may be discontinued or diminished -- only "until the default under this Contract has been cured." Tr. Ex. 8, § 26. After the default has been cured, therefore, HUD must resume full housing assistance payments. Unlike the withhold remedy, however, under the plain language of the reduce-or-suspend remedy, HUD is under no obligation to pay out any discontinued or diminished funds. The words "suspend" or "reduce" furnish no inference or suggestion that HUD is obligated to retain suspended or reduced funds on the owner's account until a default is cured. This language in the HAP Contract speaks  [*243]  only to HUD's obligation to begin full payments after the default is cured. JA 546-548.

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A2 “REDUCE” = RESTORE Defining reduce as restore is archaic and obsolete

Webster’s 93 (Webster’s Third New International Dictionary, online at Emory)

reduce   vb  -ED/-ING/-S2 archaic a  : to lead back : cause to return

» reduce the Protestants within the pale of the Romish Church- Nicholas Tindal«

b  : to restore to righteousness: SAVE »if any of these erring men may be reduced, I have my end- John Milton«

3 a obs : REDIRECT »with these words reduce they thoughts that roam- William Austin«

b obs   : to bring back » reduce , replant our bishop president- Edward Dering«

c  : to bring to a specified state or condition by guidance or leadership»his task was to reduce to order the economic and political chaos following war- W.L.Fleming«

4 archaic a  : to cause to recur

»traitors that would reduce these bloody days again- Shak.«

b  : to restore to a former condition» reduce them to their former shape- Jonathan Swift«

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1NC SHELL – “ITS” EXCLUDES PRIVATE MILITARY CONTRACTORS

A. Interpretation – its implies ownership

Glossary of English Grammar Terms 2005 (http://www.usingenglish.com/glossary/possessive-pronoun.html)

Mine, yours, his, hers, its, ours, theirs are the possessive pronouns used to substitute a noun and to show possession or ownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.)

B. Violation – private military contractors aren’t owned by the government, they are independent

C. Voting issue –

1. limits – including PMCs doubles our Iraq and Afghanistan research, and it’s a huge, entirely separate body of research that risks overstretch

2. negative ground – few of our generic disads to presence apply to PMCs, because the aff maintains all normal US presence

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“ITS” DEFINITIONS Its means belonging to it

Oxford English Dictionary 89 (2nd Ed., Vol. VIII, “its,” pg. 150)

Its, poss. pron. A. As adj. possess. pron. Of or belonging to it, or that thing; also refl., Of or belonging to itself, its own.B. As absolute possessive. The absolute form of prec., used when no sb. Follows: its one, its ones.

Its means of itself

The Oxford American Dictionary and Language Guide 99 (Oxford University Press, Inc., “its,” pg. 523)

Its poss. pron. Of it: of itself

Its shows possession

The American Heritage Dictionary of the English Language 2006 (4th Ed., “its,” pg 930)

Its: adj. The possessive form of it. Used as a modifier before a noun: The airline canceled its early flight to New York.

Its shows possession of belonging

Oxford Modern English Dictionary 1996 (2nd Ed., “its,” pg. 528)

Its poss.det. of or belonging to it or itself

Its means possession

Encarta 09 (Encarta World English Dictionary, http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861622735)

its [ its ] adjective  Definition:   indicating possession: used to indicate that something belongs or relates to something

The park changed its policy.

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A2 PRIVATE CONTRACTS = AGENTS OF THE FEDERAL GOVERNMENT

Private contractors are distinct entities from the federal government

Barbier 7 – US District Judge (Carl, TIEN VAN COA, ET AL VERSUS GREGORY WILSON, ET AL CIVIL ACTION NO: 07-7464 SECTION: J(1) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA 2007 U.S. Dist. LEXIS 87653, lexis)

As to federal question jurisdiction, Defendants state that P&J was the prime contractor for USACE and Gregory Wilson was its employee, with both parties acting under the control and direction of USACE, thus invoking derivative immunity from state tort claims. As such, Plaintiffs' claims should have been brought under the FTCA and are governed exclusively thereunder.However, in their motion to remand, Plaintiffs argue that as an independent contractor, P&J is not an employee of the federal government, and consequently does not enjoy derivative immunity and cannot invoke the FTCA. Plaintiffs cite United States v. New Mexico in support of the notion that private contractors, whether prime or subcontractors, are not government employees nor are they agents of the federal government. 455 U.S. 720, 102 S. Ct. 1373, 71 L. Ed. 2d 580 (1982). According to the Court, "[t]he congruence of professional interests between the contractors and the Federal Government is not complete" because "the contractors remained distinct entities pursuing private ends, and their actions remained  [*4] commercial activities carried on for profit." Id. at 740; see also Powell v. U.S. Cartridge Co., 339 U.S. 497, 70 S. Ct. 755, 94 L. Ed. 1017 (1950).

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A2 PRIVATE CONTRACTORS AREN’T “ITS” Its means associated with

Compact Oxford English Dictionary 10 (http://www.askoxford.com/concise_oed/its?view=uk) its  • possessive determiner 1 belonging to or associated with a thing previously mentioned or easily identified. 2 belonging to or associated with a child or animal of unspecified sex.

Its means related to

MacMillan Dictionary 10 (http://www.macmillandictionary.com/dictionary/american/its)

Its is the possessive form of it.belonging or relating to a thing , idea, place, animal, etc. when it has already been mentioned or when it is obvious which one you are referring to

Private contractors are agents of the US government

Ausness 86 – Professor of Law, University of Kentucky (RICHARD, Fall, “Surrogate Immunity: The Government Contract Defense and Products Liability.”, 47 Ohio St. L.J. 985, Lexis)

The United States Supreme Court affirmed the circuit court's ruling. The Court reasoned that the immunity that protected officers and agents of the federal government acting within the scope of their authority should be extended to private contractors who also acted on the government's behalf. n71 According to the Court: ". . . [I]t is clear that if this authority to carry out the project was validly conferred, that is, if what was done was within the constitutional power of Congress, there is no liability on the part of the contractor for executing its will." n72 The court also observed that the landowner could have sought compensation from the government for his injury in the court of claims. n73 Apparently, it thought that the plaintiff had attempted to circumvent the accepted statutory procedure by suing the contractor instead of the government. n74

Over the years, courts have advanced various theories to explain the government contract doctrine. For example, the Court in Yearsley suggested that the contractor partakes of the government's immunity because it has acted as an agent of the government. In fact, some courts have limited the government contract defense to situations where there is an actual agency relationship between the contractor and the government.

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1NC SHELL – “PRESENCE” = PHYSICAL PRESENCE/ EXCLUDES “VIRTUAL” PRESENCE

A. Interpretation -Presence means visible stationing of forces

PATTERSON ‘8 – US Navy Reserve Captain (Mark, “DEFEND THE APPROACHES!”, httpwww.dtic.mil/cgi-bin/GetTRDoc?AD=ADA486738&Location=U2&doc=GetTRDoc.pdf, dheidt)

Throughout history, U.S. maritime strategy has evolved in response to the realities of a changing world. As world geo-political dynamics change, US national priorities may change and with it the threats, risks and potential operating environment for the nations’ armed forces. In response, the Navy (including the Marine Corps) develops new strategies or modifies existing ones to support US national strategy and priorities. One constant since the end of World War II has been the enduring principle of forward presence as a mainstay of US maritime strategy. The term presence encompasses many activities from port visits to stationing ships within sight of shore to full scale operations.1 For this paper, presence is the visible positioning or stationing of ships, aircraft and/or personnel for the purpose of influencing, assuring or engaging other state actors or non-state actors. The scope of this definition includes the full range of traditional and emerging military missions, including port visits, training (personnel and forces), Theater Security Cooperation Programs (TSCP), personnel exchanges, humanitarian assistance and limited or full scale permissive and non-permissive military operations.

B. Violation – the aff doesn’t effect forces actually in the topic countries, it just targets intangibles like “US commitment”

C. Voting issue –

1. Limits – they explode the topic, they allow debates over the US military umbrella or arms sales or even how the US approaches military consultation

2. Negative ground – we lose core disads to troop reductions, like troop shift or appeasement

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“PRESENCE” EXCLUDES VIRTUAL PRESENCE Presence requires physically being present

Coe 97 - Professor, Criminal Law Department, The Judge Advocate General's School, United States Army (Gregory, 1997 Army Law. 25, “Restating Some Old Rules and Limiting Some Landmarks: Recent Developments in Pre-Trial and Trial Procedure”, April, lexis)

Reviewing the Manual for Courts-Martial, the Army court held that the speakerphone procedure violated the law because of the logical definition of presence, the policy reasons why physical presence is required to conduct a court-martial, and the military judge's justification for conducting the arraignment by speakerphone. n171 The court determined that the Manual for Courts-Martial nowhere defines "presence" in the applicable provisions. n172 Looking to the plain meaning of the word in Webster's Dictionary, the Army court held that presence meant "the fact or condition of being present." n173 According to Webster's, "present" means "being in one place and not elsewhere, being within reach, sight, or call or within contemplated limits, being in view or at hand, being before, beside, with, or in the same place as someone or something." n174

Presence refers to deployed forces, not virtual forces

Politz, 99 – Circuit Judge, US Court of Appeals, Fifth Circuit (UNITED STATES of America, Plaintiff-Appellee, v. Salvador Vargas NAVARRO; Samuel Pasqual Edmondson, Defendants-Appellants. 169 F.3d 228, http://openjurist.org/169/f3d/228)

FED. R. CRIM. P. 43. The first step in interpreting the Rule is to consider the plain, ordinary meaning of the language of the Rule. See United States v. Ron Pair Enters., Inc., 489 U.S. 235, 241, 109 S.Ct. 1026, 1030, 103 L.Ed.2d 290 (1989). The definition of "presence" in Black's Law Dictionary is:Act, fact, or state of being in a certain place and not elsewhere, or within sight or call, at hand, or in some place that is being thought of. The existence of a person in a particular place at a given time particularly with reference to some act done there and then.BLACK'S LAW DICTIONARY 1065 (5th ed.1979) (emphasis added). The whole dictionary definition suggests that the common-sense meaning of "presence" is physical existence in the same place as whatever act is done there. The Webster's definition suggests a similar meaning. The Webster's Third New International Dictionary defines "presence" as:The fact or condition of being present: the state of being in one place and not elsewhere: the condition of being within sight or call, at hand, or in a place being thought of: the fact of being in company, attendance or association: the state of being in front of or in the same place as someone or something.WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 1793 (1981). This dictionary defines "present" as: [B]eing in one place and not elsewhere: being within reach, sight, or call or within contemplated limits: being in view or at hand: being before, beside, with, or in the same place as someone or something.Id. Although the dissent emphasizes the phrase "within sight or call," the common-sense understanding of the definition is that a person must be in the same place as others in order to be present. The plain import of the definitions is that a person must be in existence at a certain place in order to be "present," which is not satisfied by video conferencing.

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1NC SHELL – “PRESENCE” = VISIBLY LINKED TO MILITARY OBJECTIVES

A. Interpretation - Presence requires visibile links to deterrenceGreer, 91 - Lieutenant Colonel, US Army (Charles, “The Future of Forward Presence”, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA234227&Location=U2&doc=GetTRDoc.pdf)

To establish a conceptual framework for this paper, I developed the following definition of forward presence within the context of national defense: the visible employment of US military personnel and/or military material as a deterrent outside of the continental United States (OCONUS) at any point along the operational continuum short of involving major US conventional forces in combat.My simplistic definition could be subject to endless scholarly debate. It includes small unit combat operations of limited scope and duration and peacetime contingency operations such as Desert Shield in Saudi Arabia, but it excludes the subsequent combat operation designated Desert Storm. It includes our military activities in Alaska and Hawaii. It excludes any diplomatic, economic, social or psychological activities that do not have a military component.The term “employment” in the definition could be criticized as denoting action or movement which could exclude what some may term passive measures such as storage of material or unmanned (i.e., automated) sites or systems. However, there is always some activity associated with these so-called passive measures (e.g., maintenance, data collection, etc), and the term employment also encompasses emplacement.The more controversial aspect of my definition lies in the terms “deterrent” and “visible.” Deterrence is “the prevention from action by fear of the consequences. Deterrence is a state of mind brought about by the existence of a credible threat of unacceptable counteraction.” Once major conventional forces are engaged in protracted combat operations, it is clear that deterrence, by definition, has failed.Visibility is inextricably linked to deterrence. Visible to whom? To those we wish to deter. This is reminiscent of the old philosophical question, “If a tree falls deep in the forest and there is no one there to hear it, does it make a sound?” In the case of forward presence, the answer is “no.”Target audience is the key to the concept of visibility. A target audience may be the world at large, the senior leadership of a specific country or movement, the control cell of a terrorist organization or countless other possibilities. Therefore, forward presence, by definition, also includes covert activities using military personnel and/or material, as long as the activity is visible to the targeted audience and deters that group or individual from taking an undesired action. An invisible presence is both contradictory and serves no useful deterrent purpose, which goes to the heart of the issue. Deterrence is the ultimate purpose of forward presence.

B. Violation – the aff doesn’t decrease a deterrent role of the US military in the target country

C. Voting issue –

1. limits – they explode the topic to include anything and everything the US military does, including military musical groups and public relations exercises

2. negative ground – the topic is about changing US military strategy, we should get the deterrence disad every debate because the topic requires strategic realignment. They make the topic bidirectional – they can decrease troops but maintain the overall military commitment to a country with a more efficient military

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“PRESENCE” = VISIBLY LINKED TO MILITARY OBJECTIVES Presence requires decreasing perceived operational capability – not just numerical reductions in troops

Bloomfield 6 – senior adviser at the Center for Strategic and International Studies (CSIS) and president of Palmer Coates LLC. He served as Assistant Secretary of State for Political Military Affairs from May 2001 to January 2005 (Lincoln, “Reposturing the Force: U.S. Overseas Presence in the Twenty-first Century,” ed: Lords, http://www.usnwc.edu/Publications/Naval-War-College-Press/Newport-Papers/Documents/26-pdf.aspx)

Central to the new initiative was the idea that capability and commitment could no longer, and should no longer, be measured in numbers. It was not intuitively obvious to a nonmilitary audience in Asia that, for example, anticipated reductions of forces permanently stationed in the Republic of Korea would coincide with an actual strengthening of the potential combat power the United States could bring to bear against North Korea (or the Democratic People’s Republic of Korea, the DPRK). As South Korean newspapers wondered aloud whether Washington was reducing its security commitment to their country, the North certainly grasped that the United States was increasing its precision-strike power around the Korean Peninsula while reducing its own forces’ exposure to DPRK firepower amassed just north of the Demilitarized Zone, and it denounced the American reconfiguration. If potential adversaries were quick to recognize the military advantages to the United States of the planned new force posture, the larger Asian audience could not be made to think differently overnight. America’s role as the essential stabilizing force in Asia had long encouraged the region to equate numerical presence with commitment and capability. To overcome lingering doubts in Europe and Asia, the United States will have to demonstrate its commitment to the role of ultimate security guarantor through its actions over several years as the GDPR posture changes are implemented.

Presence refers to the totality of US military power linked to an explicit military objective

Blechman et al 97 – President of DFI International, and has held positions in the Department of Defense, the U.S. Arms Control and Disarmament Agency, and the Office of Management and Budget (Barry, Strategic Review, Spring, “Military Presence Abroad in a New Era: The Role of Airpower,” p. 14)

The highly complex nature of military presence operations, with manifestations both psychological and physical, makes their effects difficult to identify and assess. Nonetheless, presence missions (whether employing forces stationed abroad or afloat, temporarily deployed or permanently based overseas, or based in the United States) are integral parts of U.S. defense strategy. Through routine presence operations, the United States seeks to reinforce alliances and friendships, make credible security commitments to crucial regions, and nurture cooperative political relations. More episodically, forces engaged in presence operations can dissuade aggressors from hostile demands, help prevent or contain regional crises, and, when conflict erupts nonetheless, provide an infrastructure for the transition to war.Given its multifaceted nature, neither practitioners nor scholars have yet settled on a single definition of presence. Technically, the term refers to both a military posture and a military objective. This study uses the term “presence” to refer to a continuum of military activities, from a variety of interactions during peacetime to crisis response involving both forces on the scene and those based in the United States. Our definition follows that articulated by the U.S. Joint Chiefs of Staff: “Presence is the totality of U.S. instruments of power deployed overseas (both permanently and temporarily) along with the requisite infrastructure and sustainment capabilities.”2

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“PRESENCE” = VISIBLY LINKED TO MILITARY OBJECTIVES Presence is a question of military strategy – not troops alone

Dismukes 95 – analyst with the Center for Naval Analyses (Bradford, “The U.S. Military Presence Abroad”, Strategic Review, Spring, p. 49)

As a result of decisions by the Clinton Administration, reaffirming and strengthening policies adopted by President Bush, U.S. military “overseas presence” has become a major factor affecting the deployment of U.S. forces. The requirements established by overseas presence are now part of the rationale for future force structure. Presence—deploying and operating forces forward to influence, short of combat, what foreign governments think and do—plays a crucial role in a national strategy of “engagement and enlargement.” Operating ground, air, and sea forces overseas is a linchpin of the national strategy: unless the United States does so successfully, the strategy could fail, yielding an isolationist alternative and greater risks for U.S. security and economic interests.

Presence must be visibleDecamp 92 - MAJOR, UNITED STATES MARINE CORPS (William, “MARITIME PREPOSITIONING FORCES (MPF) IN CENTRAL COMMAND IN THE 1990s: FORCE MULTIPLIER OR FORCE DIVIDER?,”http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA249957&Location=U2&doc=GetTRDoc.pdf

Presence missions are meant to deter aggression, preserve regional balances, deflect arms races, and prevent power vacuums. They also cement alliances and signal that our commitments are backed by action.1 The National Security Strategy specifically called forsome measure of continuing presence [in the Middle East) consistent with the desires and needs of our friends. We will work with our friends to bolster confidence and security through such measures as exercises, prepositioning of heavy equipment, and an enhanced naval presence.2CINCCENT was asking for nothing more than the National Security Strategy had already mandated.The policy marked regional crises as the predominant military threat, and indicated that their demands, as well as the requirements of forward presence will determine the size and structure of the future forces of the United States. The ability to project our power will underpin our strategy more than ever. We must be able to deploy substantial forces and sustain them in parts of the world where prepositioning equipment will not always be feasible, where adequate bases may not be available (at least before a crisis) and where there is a less developed industrial base and infrastructure to support our forces once they have arrived.Applying the policy to the ARG/MAGTF mix in the Persian Gulf, the CJCS decreed a continuous presence of an ARG/MAGTF. Webster defines presence as "the fact or condition of being present," and present as "being in view or at hand."'4 The Navy decided, in effect, by their choice of ARG/MAGTF/MPS mix, to split the force; therefore, the force that will actually be present in the Persian Gulf will not be the force the CJCS ordered, but a smaller force less capable. The whole force would not exist until the arrival of the fly-in echelon (FIE). In spirit at least, this seems contrary to the implicit preference for self-sustaining forces and a power-projection capability in places like those described in the passage, whose description fits the Middle East.Eliminating the choice of visible presence through the choice of a deployment option that necessitates it, on the ground, nullifies the benefits of logistic self-sufficiency and immunity from political constraints, typically enjoyed by naval forces. There is a fine line between deterrence and provocation, and a visible presence on the ground in the Middle East could cross that line, place the force in danger, and inhibit future U.S. regional access and influence.

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1NC SHELL – “PRESENCE” = TROOPS A. Interpretation – Substantially means including the main part

WORDS AND PHRASES, 1964, p. 818.

“Substantially” means in substance; in the main; essentially; by including the material or essential part.

Presence refers to personnel stationed in a region

The Oxford Essential Dictionary of the U.S. Military 2 (by Oxford University Press, Inc. All rights reserved, republished and cited as “US Military Dictionary” at: http://www.answers.com/topic/presence)

US Military Dictionary: presencen.a group of people, especially soldiers or police, stationed in a particular place: maintain a presence in the region.

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“PRESENCE” = TROOPS Presence means armed forces

Oxford English Dictionary 89 (The Oxford English Dictionary, second edition, volume XII, 1989, “presence”, Clarendon press-oxford, p. 394)

e. Politics. The maintenance by a nation of political interests and influence in another country or region; spec. the maintenance of personnel, esp. armed forces on the soil of an allied or friendly state; concr., armed forces stationed in this way. Also transf., denoting the representation of a nation’s interests at an event.

Bases are the main part of the US military presence

Lutz 9 – professor of International Studies at Brown (Catherine, The Bases of Empire: The Global Struggle Against U.S. Military Posts, p. 6, google books)

Bases are the literal and symbolic anchors, and the most visible centerpieces, of the U.S. military presence overseas. To understand where those bases are and how they are being used is essential for understanding the United States’ relationship with the rest of the world, the role of coercion in it, and its political economic complexion. The United States’ empire of bases – its massive global impact and the global response to it – are the subject of chapters in this book. Unlike the pundits and the strategic thinkers who corner the market on discussions of the U.S. military, these authors concentrate on the people around those bases and the impact of living in their shadow. The authors describe as well the social movements which have tried to call the world’s attention to the costs those bases impose on them without their consent. In this introduction, I ask why the bases were established in the first place, how they are currently configured around the world and how that configuration is changing, what myths have developed about the functions U.S. overseas bases serve, and, finally, introduce the global movement to push back or expel the bases altogether.

Presence requires stationing forces within a country

Harmon 3 – US Army Major (William, “The Korean Question: Is There a Future for Forward-Based American Forces in a Unified Korea?,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA415880&Location=U2&doc=GetTRDoc.pdf) (All bolding is in the original)

In American security writings and military doctrine the term “forward presence” describes military forces that are stationed, permanently or on a rotational deployment, in a territory or nation other than the United States. In American National Security, by Amos A. Jordan, William J. Taylor Jr., and Michael J. Mazarr, the term is used as follows:Forward presence, or the forward deployment of forces, can now be more usefully thought of as one component of a larger strategy – one that acknowledges the global role of the United States and the need to remain engaged, visible, and with forces deployed outside the United States that are prepared to respond to contingencies in all corners of the globe. 9 In this definition the authors have identified key components of forward presence, namely the flexibility gained by reducing deployment times and the assurance provided to allies (and potential enemies alike) by the engagement and visibility of the forces.

Military or police presence refers to stationed personnel within a placeCompact Oxford English Dictionary, 10 (http://www.askoxford.com/concise_oed/presence?view=uk)

presence

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ENDI 2010 76File Name  • noun 1 the state or fact of being present. 2 the impressive manner or appearance of a person. 3 a person or thing that is present but not seen. 4 a group of soldiers or police stationed in a particular place: the USA would maintain a presence in the region .

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“PRESENCE” = TROOPS Presence refers to the stationing of personnel

American Heritage Dictionary 09 (http://education.yahoo.com/reference/dictionary/entry/presence)

pres·ence1. The state or fact of being present; current existence or occurrence.2. Immediate proximity in time or space.3. The area immediately surrounding a great personage, especially a sovereign.4. A person who is present.5. a. A person's bearing, especially when it commands respectful attention: "He continues to possess the presence, mental as well as physical, of the young man" (Brendan Gill). b.The quality of self-assurance and effectiveness that permits a performer to achieve a rapport with the audience: stage presence. 5. A supernatural influence felt to be nearby.7. The diplomatic, political, or military influence of a nation in a foreign country, especially as evidenced by the posting of its diplomats or its troops there: "The American diplomatic presence in London began in 1785 when John Adams became our first minister" (Nancy Holmes).

Presence refers to official personnel

Encarta 09 (Encarta World English Dictionary, http://encarta.msn.com/encnet/features/dictionary/DictionaryResults.aspx?refid=1861737158)

pres·ence [ prézz'nss ] (plural pres·ences)noun Definition:1. existence in place: the physical existence or detectability of something in a place at a particular time

the presence of contaminants in the water supply2. attendance: somebody's attendance at an event or physical existence in a place with other people

Our presence is requested at the board meeting.3. area within sight or earshot: the immediate vicinity of somebody or something

How dare you use that kind of language in my presence!4. impressive quality: an impressive appearance or bearing

has a certain presence about her that garners respect5. invisible supposed supernatural being: a supernatural spirit that is felt to be nearby

A malevolent presence filled the room.6. person present: somebody who is notably present

the venerable scholar, a dignified presence in the academic procession7. group of official personnel: a group of official personnel, especially police, military forces, or diplomats, present or stationed in a place to represent their country and maintain its interest

maintained a heavy military presence in the capital

Presence refers to troops

MacMillan Dictionary 10 (http://www.macmillandictionary.com/dictionary/american/presence)

definition of presence

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ENDI 2010 78File Namenoun3. a. a group of people, especially soldiers or the police, who are in a place for a particular purposeWe intend to maintain a presence in the country until there is peace.military/police presence: There is still a large U.S. military presence in the region.

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“PRESENCE” = TROOPS Military forces are presence

Encarta® World English Dictionary 09 (“presence”, [North American Edition] © & (P) 2009 Microsoft Corporation. http://encarta.msn.com/dictionary_1861737158/presence.html)

7. group of official personnel: a group of official personnel, especially police, military forces, or diplomats, present or stationed in a place to represent their country and maintain its interest maintained a heavy military presence in the capital

Troops solely define military presence

Booth et al 2000 (Bradford Booth, currently a Principal with ICF International, located in Fairfax, VA. Dr. Booth has more than 10 years experience as a member of the social science research community, including post-doctoral work in military personnel and family issues and evaluation research. His primary area of specialization is the sociology of the armed forces, Department of Sociology, University of Maryland, College Park, MD, William w Falk, David r. Segal, Mady Wechsler Segal, GENDER & SOCIETY, Vol. 14 No. 2, April 2000 318-332 ? 2000 Sociologists for Women in Society, http://www.jstor.org/stable/pdfplus/190277.pdf)

This article uses Public Use Micro sample (PUMS) data drawn from the 1990 census to explore the relationship between military presence, defined as the percentage of the local labor force in the active-duty armed forces, and women's employment and earnings across local labor market areas (LMAs) in the United States. Comparisons of local rates of unemployment and mean women's earnings are made between those LMAs in which the military plays a disproportionate role in the local labor market and those in which military presence is low

Military presence is the maintenance of armed forces

United States Army Combined Arms Center 8 (September 17, “military presence”, http://usacac.leavenworth.army.mil/cac2/call/thesaurus/toc.asp?id=20296)

Military presence. Definition/Scope: Maintaining forces in an area to demonstrate interest and resolve, and enhance the ability to respond quickly in a crisis.

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1NC SHELL – “PRESENCE” = NON-COMBAT ACTIVITIES

A. Interpretation - Presence requires regular, non-combat activities – forces engaged in combat or one-time noncombat missions aren’t part of U.S. presence

Thomason 2 – Project Leader, Institute for Defense Analysis (James, “Transforming US Overseas Military Presence: Evidence and Options for DoD,” July, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.122.1144&rep=rep1&type=pdf

WHAT IS OVERSEAS MILITARY PRESENCE? Our working definition of US overseas military presence is that it consists of all the US military assets in overseas areas that are engaged in relatively routine, regular, non-combat activities or functions.By this definition, forces that are located overseas may or may not be engaging in presence activities. If they are engaging in combat (such as Operation Enduring Freedom), or are involved in a one-time non-combat action (such as an unscheduled carrier battle group deployment from the United States aimed at calming or stabilizing an emerging crisis situation), then they are not engaging in presence activities. Thus, an asset that is located (or present) overseas may or may not be “engaged in presence activities,” may or may not be “doing presence.” We have thus far defined presence activities chiefly in “negative” terms—what they are not. In more positive terms, what exactly are presence activities, i.e., what do presence activities actually entail doing? Overseas military presence activities are generally viewed as a subset of the overall class of activities that the US government uses in its efforts to promote important military/security objectives [Dismukes, 1994]. A variety of recurrent, overseas military activities are normally placed under the “umbrella” concept of military presence. These include but are not limited to US military efforts overseas to train foreign militaries; to improve inter-operability of US and friendly forces; to peacefully and visibly demonstrate US commitment and/or ability to defend US interests; to gain intelligence and familiarity with a locale; to conduct peacekeeping activities; and to position relevant, capable US military assets such that they are likely to be available sooner rather than later in case an evolving security operation or contingency should call for them.

B. Violation – the aff ends combat missions, not presence missions.

C. Voting issue -

1. limits – allowing combat missions allows affs to change specific strategies in Afghanistan or Iraq, like ending cluster bombing without actually reducing forces themselves, it explodes the literature base

2. negative ground – presence missions are about deterrence and reassurance – including combat missions avoids core negative disads

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“PRESENCE” = NON-COMBAT ACTIVITIES Presence only applies to military forces before combat

Greer 91 - Lieutenant Colonel, US Army (Charles, “The Future of Forward Presence”, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA234227&Location=U2&doc=GetTRDoc.pdf)

To establish a conceptual framework for this paper, I developed the following definition of forward presence within the context of national defense: the visible employment of US military personnel and/or military material as a deterrent outside of the continental United States (OCONUS) at any point along the operational continuum short of involving major US conventional forces in combat.My simplistic definition could be subject to endless scholarly debate. It includes small unit combat operations of limited scope and duration and peacetime contingency operations such as Desert Shield in Saudi Arabia, but it excludes the subsequent combat operation designated Desert Storm. It includes our military activities in Alaska and Hawaii. It excludes any diplomatic, economic, social or psychological activities that do not have a military component.The term “employment” in the definition could be criticized as denoting action or movement which could exclude what some may term passive measures such as storage of material or unmanned (i.e., automated) sites or systems. However, there is always some activity associated with these so-called passive measures (e.g., maintenance, data collection, etc), and the term employment also encompasses emplacement.The more controversial aspect of my definition lies in the terms “deterrent” and “visible.” Deterrence is “the prevention from action by fear of the consequences. Deterrence is a state of mind brought about by the existence of a credible threat of unacceptable counteraction.” Once major conventional forces are engaged in protracted combat operations, it is clear that deterrence, by definition, has failed.Visibility is inextricably linked to deterrence. Visible to whom? To those we wish to deter. This is reminiscent of the old philosophical question, “If a tree falls deep in the forest and there is no one there to hear it, does it make a sound?” In the case of forward presence, the answer is “no.”Target audience is the key to the concept of visibility. A target audience may be the world at large, the senior leadership of a specific country or movement, the control cell of a terrorist organization or countless other possibilities. Therefore, forward presence, by definition, also includes covert activities using military personnel and/or material, as long as the activity is visible to the targeted audience and deters that group or individual from taking an undesired action. An invisible presence is both contradictory and serves no useful deterrent purpose, which goes to the heart of the issue. Deterrence is the ultimate purpose of forward presence.

Presence missions are anything short of actual combat

Blechman et al 97 – President of DFI International, and has held positions in the Department of Defense, the U.S. Arms Control and Disarmament Agency, and the Office of Management and Budget (Barry, Strategic Review, Spring, “Military Presence Abroad in a New Era: The Role of Airpower,” p. 13)

Occupying a continuum of operations short of actual combat, presence missions have included the permanent basing of troops overseas, routine military-to-military contacts, military exercises and training with other nations, participation in multinational peace and humanitarian operations, the provision of timely intelligence information and other data to leaders of other nations, military deployments in response to crises, and, when necessary, the deployment of forces in anticipation of combat.

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“PRESENCE” = NON-COMBAT ACTIVITIES Presence excludes the direct application of military force

Widnall and Fogleman 95 - *Secretary of the Air Force and formerly was Associate Provost at the Massachusetts Institute of Technology AND **Chief of Staff, US Air Force (Sheila and Ronald, Joint Forces Quarterly, “Global Presence”, Spring, http://www.dtic.mil/doctrine/jel/jfq_pubs/jfq2007.pdf)

At the foundation of this approach is power projection. Power projection is a means to influence actors or affect situations or events in America’s national interest. It has two components: warfighting and presence . Warfighting is the direct application of military force to compel an adversary. Presence is the posturing of military capability, including nonbelligerent applications, and/or the leveraging of information to deter or compel an actor or affect a situation. A sound national military strategy depends on coherent warfighting and presence strategies.

Presence is distinct from crisis response – both are highly complex and should be addressed separately

Dismukes 95 – analyst with the Center for Naval Analyses (Bradford, “The U.S. Military Presence Abroad”, Strategic Review, Spring, p. 55)

Logically, forward presence has become the most important strategic task of U.S. conventional forces. With respect to adversaries, if forces abroad are successful in deterrence, then the requirement to respond to crises (not to mention war) can be avoided. Presence is the primary mission; crisis response is the necessary, but less desirable, back up. These conclusions have far-reaching consequences both for the use of existing U.S. forces and for the acquisition of forces for the future. Because of their scope and complexity, these necessarily must be addressed separately. More important yet are their implications for the way Americans think about why they should bear the risks and costs of keeping forces abroad. For America’s partners, particularly other G7 members, there are equally important implications for why and how they share the political and financial costs of U.S. presence.

Presence is distinct from crisis response – US policy experts avoid double counting forces when they have different roles

Flournoy 1 - senior advisor for international security at the Center for Strategic and International Studies and previously served as a distinguished research professor in the Institute for National Strategic Studies at the National Defense University and as the Principal Deputy Assistant Secretary of Defense for Strategy and Threat Reduction (Michele, QDR 2001: Strategy-Driven Choices for America’s Security, Ed: Michele Flournoy http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA430963&Location=U2&doc=GetTRDoc.pdf) MTWs=Major Theater Wars, SSCs=Smaller Scale Contingencies

Counting Presence ForcesThe role of overseas-presence forces in MTWs and SSCs is also considered at this stage of the process, and the overall force structure adjusted accordingly. For example, forward-deployed naval, air, and ground forces may be part of the initial response to a crisis; indeed, this is an express part of their purpose. Therefore, care must be taken not to double-count such forces in both the presence and MTW or SSC building blocks. On the other hand, some forward-deployed forces may be so vital to deterrence and stability in a given region that they would not be withdrawn from an unengaged theater even in the event of MTW execution. For the purposes of the working group’s analysis, assumptions about which forces should be treated as stay-behind forces were derived from judgments about what would be required to meet U.S. treaty commitments, maintain deterrence and regional stability in a given theater, and provide the regional CINC with minimum essential levels of force protection, support to noncombatant evacuation operations, and strike capability.

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“PRESENCE” = NON-COMBAT ACTIVITIES Military Presence is all non-combat assets of the military

Thomason et al. 2002 (James S. Thomason, Project Leader,Michael P. Fischerkeller, Kongdan Oh Hassig, Charles Hawkins, Gene Porter, Robert J. Atwell, Robert Bovey, William E. Cralley, James Delaney, “Transforming US Overseas Military Presence: Evidence and Options for DoD Volume I: Main Report” July 2002, http://www.bayan.ph/us%20war%20of%20terror/US%20BASES/US%20Mil%20Presence%20Overseas.pdf)

US overseas military presence consists of all the US military assets in overseas areas that are engaged in relatively routine non-combat activities or functions. Collectively, these assets constitute one of a set of very important military instruments of national power and influence. It is regularly asserted within the Department of Defense that these overseas military presence activities promote key security objectives, such as deterrence, assurance of friends and allies, the provision of timely crisis response capabilities, regional stability and, generally, security conditions that in turn promote freedom and prosperity.

Military Presence does not include combat forces

Thomason et al. 2002 (James S. Thomason, Project Leader,Michael P. Fischerkeller, Kongdan Oh Hassig, Charles Hawkins, Gene Porter, Robert J. Atwell, Robert Bovey, William E. Cralley, James Delaney, “Transforming US Overseas Military Presence: Evidence and Options for DoD Volume I: Main Report” July 2002, http://www.bayan.ph/us%20war%20of%20terror/US%20BASES/US%20Mil%20Presence%20Overseas.pdf)

Our working definition of US overseas military presence is that it consists of all the US military assets in overseas areas that are engaged in relatively routine, regular, non-combat activities or functions.1 By this definition, forces that are located overseas may or may not be engaging in presence activities. If they are engaging in combat (such as Operation Enduring Freedom), or are involved in a one-time non-combat action (such as an unscheduled carrier battle group deployment from the United States aimed at calming or stabilizing an emerging crisis situation), then they are not engaging in presence activities. Thus, an asset that is located (or present) overseas may or may not be “engaged in presence activities,” may or may not be “doing presence.”

Military Presence is non-combat forces

Thomason et al. 2002 (James S. Thomason, Project Leader,Michael P. Fischerkeller, Kongdan Oh Hassig, Charles Hawkins, Gene Porter, Robert J. Atwell, Robert Bovey, William E. Cralley, James Delaney, “Transforming US Overseas Military Presence: Evidence and Options for DoD Volume I: Main Report” July 2002, http://www.bayan.ph/us%20war%20of%20terror/US%20BASES/US%20Mil%20Presence%20Overseas.pdf)

Overseas military presence activities are generally viewed as a subset of the overall class of activities that the US government uses in its efforts to promote important military/security objectives [Dismukes, 1994]. A variety of recurrent, overseas military activities are normally placed under the “umbrella” concept of military presence. These include but are not limited to US military efforts overseas to train foreign militaries; to improve inter-operability of US and friendly forces; to peacefully and visibly demonstrate US commitment and/or ability to defend US interests; to gain intelligence and familiarity with a locale; to conduct peacekeeping activities; and to position relevant, capable US military assets such that they are likely to be available sooner rather than later in case an evolving security operation or contingency should call for them.

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A2 “PRESENCE” = MORE THAN TROOPS Their definition of presence is the broadest possible

Scala 98 - Office of the Secretary of Defense (Mary, “Theater Engagement Planning: An Interagency Opportunity”, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA351762&Location=U2&doc=GetTRDoc.pdf

During the run-up to the 1997 Quadrennial Defense Review (QDR), the Joint Staff and the Office of the Under Secretary of Defense for Policy undertook a comprehensive review of overseas presence requirements and issues. The intention was to ensure the resources committed to presence were consistent with national priorities in the region—and to identify overseas commitments that were potentially excess to the emerging defense strategy. To make sure everything was considered, the definition of “presence” was made as broad as possible—from forward-stationed troops, to prepositioned stocks, to naval deployments, to joint and combined military exercises, to mil-to-mil contacts. At about the same time, the Joint Staff was working to create a notional “baseline engagement force” in order to get a clearer historical picture of how many U.S. forces worldwide were engaged routinely in engagement or crisis-response operations. Both the overseas presence study and the baseline engagement force analysis were intended to form one point of departure for the formulation of a new defense strategy. Planners hoped to find relatively painless ways to increase spending on military readiness and procurement, without undercutting essential warfighting forces or technology.

The broad interpretation would mean everything the military does is topical

Meyer 7 – Lieutenant Commander, US Navy (Richard, “Naval Presence with a Purpose:Considerations for the Operational Commander,”http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA470845&Location=U2&doc=GetTRDoc.pdf

In 2007, naval presence is no longer enumerated as a stand-alone mission of U.S. naval forces. However, the concept of presence is inherent in all that we do. In the Universal Joint Task List (UJTL) there is only one specified task with presence in the title and it is the strategic-national task 3.1, “Coordinate Forward Presence of Forces in Theaters.”7 In the definition of this task, the UJTL strikes at the heart of the matter by stating that presence “…is a crucial element of deterrence and can be a demonstration of resolve to allies and potential adversaries.”8 In addition to this one task, however, the term presence or forward presence is used in the definition of several other tasks such as operational task 1.2.4.1, “Conduct a Show of Force”.9 This gives credence to the belief that presence is an underlying theme in every mission we undertake as a Navy.

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A2 YOUR DEFINITION SAYS “FORWARD” PRESENCE Forward presence is military presence

Zakheim et al 96 – former Deputy Undersecretary of Defense for Planning and Resources (Dov, “Political and Economic Implications of Global Naval Presence”, 9/30, http://handle.dtic.mil/100.2/ADA319811)

The United States has determined that overseas military presence during peacetime, often termed “forward presence” or “peacetime presence”; should remain an integral part of its force posture in the post-Cold War era. In 1996, the United States maintains a diminished, yet still significant land and aviation presence in Europe and in Korea. In addition, it supports a robust maritime presence, including aircraft carrier battle groups and Marine Expeditionary Units, in the Mediterranean Sea, the Persian Gulf and East Asia (see Table 1).

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“PRESENCE” DEFINITIONS (LAUNDRY LIST) Military presence includes exercises, storage agreements, military contacts and training

Harmon 3 – US Army Major (William, “The Korean Question: Is There a Future for Forward-Based American Forces in a Unified Korea?,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA415880&Location=U2&doc=GetTRDoc.pdf) (All bolding is in the original)

American military doctrine addresses forward presence in Joint Publication 3-07, Joint Doctrine for Military Operations Other Than War. In this doctrine forward presence is defined as, “ activities [that] demonstrate our commitment, lend credibility to our alliances, enhance regional stability, and provide a crisis response capability while promoting US influence and access. In addition to forces stationed overseas and afloat, forward presence activities include periodic and rotational deployments, access and storage agreements, multinational exercises, port visits, foreign military training, foreign community support, and military-to-military contacts.”10

(Bold in original)

Presence means visible stationing of forces – includes port calls or offshore stationing, training, and humanitarian missions

PATTERSON 8 – US Navy Reserve Captain (Mark, “DEFEND THE APPROACHES!”, httpwww.dtic.mil/cgi-bin/GetTRDoc?AD=ADA486738&Location=U2&doc=GetTRDoc.pdf, dheidt)

Throughout history, U.S. maritime strategy has evolved in response to the realities of a changing world. As world geo-political dynamics change, US national priorities may change and with it the threats, risks and potential operating environment for the nations’ armed forces. In response, the Navy (including the Marine Corps) develops new strategies or modifies existing ones to support US national strategy and priorities. One constant since the end of World War II has been the enduring principle of forward presence as a mainstay of US maritime strategy. The term presence encompasses many activities from port visits to stationing ships within sight of shore to full scale operations.1 For this paper, presence is the visible positioning or stationing of ships, aircraft and/or personnel for the purpose of influencing, assuring or engaging other state actors or non-state actors. The scope of this definition includes the full range of traditional and emerging military missions, including port visits, training (personnel and forces), Theater Security Cooperation Programs (TSCP), personnel exchanges, humanitarian assistance and limited or full scale permissive and non-permissive military operations.

Presence includes sea basing, periodic deployments, storage agreements, exercises, security and humanitarian assistanceJohnsen and Young, 92 – *Strategic Research Analyst at the Strategic Studies Institute AND ** was a National Security Affairs Analyst at the Strategic Studies Institute and is currently an Associate Research Professor. (William and Thomas-Durrell, “DEFINING U.S. FORWARD PRESENCE IN EUROPE: GETTING PAST THE NUMBERS” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA255193&Location=U2&doc=GetTRDoc.pdf

The National Military Strategy of the United States defines forward presence as "...forces stationed overseas and afloat... periodic and rotational deployments, access and storage agreements, combined exercises, security and humanitarian assistance, port visits, and military-to-military contacts.'' 4 Because of this rather all-encompassing description, forward presence currently has the unavoidable characteristic of being all things to all people.

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“PRESENCE” DEFINITIONS (LAUNDRY LIST) Presence includes force deployments, training, exercises, drug interdiction, disaster relief, and intelligence gathering

Brady 92 - Lieutenant Commander, United States Navy (Patrick, “IMPLICATIONS FOR THE U.S. NAVY OF A 50 PERCENT DECREASE IN DEFENSE SPENDING,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA261766&Location=U2&doc=GetTRDoc.pdf)

In this new era of regional threats the need for forward presence has become more important.2 1 Yet defense budget cuts and the closing of many overseas bases have prompted the DOD to reevaluate its traditional definitions of forward presence in order for the nation to continue to fulfill its many obligations.2 2 The new definition of forward presence emphasizes the need to "show our commitment, lend credibility to our alliances, enhance regional stability, and provide crisis response capability while promoting U.S. influence and access." 23The planned reduction of forward land-based U.S. forces worldwide could mean naval forces will be increasingly responsible for fulfilling the objectives of forward presence. There are six roles for the Navy under forward presence. The first role is peacetime engagement. This is similar to the traditional presence role the Navy has historically fulfilled. It is needed to counter the image of an American global withdrawal as force reductions occur and fewer forces are forward based. The forward deployment of naval forces in this role "provides an underpinning for diplomatic activities which, when combined with other U.S. foreign policy initiatives, are influential in shaping events. These forward operations are oriented toward diplomacy, coalition building and the promotion of stability which fosters peace and cooperation." 2 4Additionally, this role will also guarantee the freedom of the sea which will facilitate trade and improve the economic conditions of the United States and our allies. Typical missions include: Stationed forces; rotational overseas deployments; access and storage agreements; port visits; military-to-military relations; and joint and combined training exercises.2 5 This role does not necessarily have to be fulfilled by aircraft carrier battle groups to be credible.26The second role is to enhance crisis response capability. Naval forces provide the National Command Authority with the ability to react to ambiguous warning in the early stages of a crisis. This timely show of force can stabilize the situation and permit diplomacy to prevail. By complicating the risk versus gain calculus of potential adversaries, we cause them to consider carefully the initiation of activity which might be counter to U.S. interests. Depending upon the crisis, forward deployed naval expeditionary forces can respond autonomously or become an enabling force about which a decisive joint/coalition based response can be shaped.2 7The third role is protecting U.S. citizens. This includes not only responsive and capable evacuation lift, but the ability to be able to do it in the midst of conflict. This could also include protection against terrorists by stopping vessels, suspected of containing terrorists or illegal arms shipments, on the high seas.The fourth role is combating drugs. This involves ocean surveillance of potential drug traffickers, interdiction of drug shipments, and intelligence collection for counter narcotics agencies.The fifth role is humanitarian assistance. This requires the ability to respond rapidly and effectively to disasters. As stated in the National Military Strategy, "Not only must our forces provide humanitarian aid, but as seen recently in Northern Iraq, in some cases they must also be prepared to engage in conflict in order to assist and project those in need.'"2 8The final role is intelligence collection. This requires the ability to overtly and covertly collect information, and then transmit real-time information to the National Command Authorities in time to avert or mitigate crises. This role is necessary under all four elements of the new defense agenda. Typical missions include maritime intelligence collection in support of national requirements; surveillance of air or naval forces that could act hostile against vital interests of the United States; and detection, tracking, and reporting vessels involved in terrorist-related activities.

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“PRESENCE” DEFINITIONS (LAUNDRY LIST) Presence includes joint exercises, training, stationing forces, prepositioned equipment, intelligence assets, port calls, military exchanges and foreign military sales and co-production of equipment

Thomason 2 – Project Leader, Institute for Defense Analysis (James, “Transforming US Overseas Military Presence: Evidence and Options for DoD,” July, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.122.1144&rep=rep1&type=pdf

This is generally consistent, for example, with B. Dismukes’ formulation: “Overseas presence encompasses a variety of activities…. In addition to permanent and rotational forces forward on the ground, forces deployed at sea, and prepositioned equipment, overseas presence includes: exercises and training of US forces with those of friends and allies; unilateral training by US forces on foreign soil; US C3I systems, especially in their bilateral and multilateral roles; arrangements for access by US forces to facilities overseas; stationing and visits abroad by senior US military and defense officials; visits to port and airfields by US naval and air forces; public shows by demonstration teams such as Thunderbirds and a host of public affairs activities, including military musical groups; staff-to-staff talks and studies with foreign military organizations and analytical groups; exchanges of military people between the US and friends and allies; military training of foreign personnel in the US and in their home countries; training of military officers of former totalitarian and some developing states in the roles of the military in a civil society; foreign military sales and funding and co-production of military equipment with other nations.” [pp. 13–14]

Presence includes forward stationing, military exchanges, and training

Peay 94 – US Army General (Binford, Federal Document Clearing House Congressional Testimony, 6/16, lexis)

Overseas presence encompasses a broad range of military actions that reduce the likelihood of regional crisis. These activities are a blend of forward stationing, rotational deployments and low-key, high- payoff temporary duty activities such as military-to-military exchanges, professional seminars, and disaster preparedness surveys. These operational requirements seem to be supported best through traditional procedures.

Presence includes deployed forces, exercises, port calls, training and military to military contacts

Department of Defense 95 (Joint Doctrine for Military Operations Other Than War, Joint Pub 3-07, http://www.bits.de/NRANEU/others/jp-doctrine/jp3_07.pdf)

b. Forward Presence. Forward presence activities demonstrate our commitment , lend credibility to our alliances, enhance regional stability , and provide a crisis response capability while promoting US influence and access . In addition to forces stationed overseas and afloat, forward presence activities include periodic and rotational deployments, access and storage agreements, multinational exercises, port visits, foreign military training, foreign community support and military-to-military contacts. Given their location and knowledge of the region, forward presence forces could be the first which the combatant commander commits to MOOTW.

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“PRESENCE” DEFINITIONS (LAUNDRY LIST) The US national security strategy defines presence to include prepositioned equipment, port calls, military to military contacts and exercises

Weeks and Meconis 99 – *senior scientist with Science Applications International Corporation AND ** founder and the Research Director of the Institute for Global Security Studies (Stanley and Charles, The armed forces of the USA in the Asia-Pacific region, p. 43)

Concerning US defense strategy and force structure, the 1995 national security strategy reaffirmed the conclusions reached by the 1993 Bottom-Up Review. ‘Win two nearly simultaneous major regional contingencies’ remained the strategy. With regard to force structure the strategy declared that:The President has set forth a defense budget for Fiscal Years 1996-2001 that funds the force structure recommended by the [Bottom-Up] Review, and he repeatedly stressed that he will draw the line against further cuts that would undermine that force structure or erode US military readiness.33An overseas presence of US military forces was strongly supported, but the definition of ‘presence’ was expanded to include permanently stationed forces and prepositioned equipment, deployments and combined exercises, port calls and other force visits, as well as military-to-military contacts.

Military presence is bases, exercises, visits, and deployment in conflict areas

Lutz 09 – Professor of Anthropology and International Studies, past president of the American Ethnological Society, the largest organization of cultural anthropologists in the U.S (Catherine, February, “The bases of Empire: The Global Struggle against U.S. Military Posts”, p. 155, http://books.google.com/books?id=nPAgU6lhAT4C&printsec=frontcover&dq=The+Bases+of+Empire+preview&hl=en&ei=2kcdTNC9MIP-8Abcwf3IDA&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCwQ6AEwAA#v=onepage&q=%22military%20presence%22&f=false)),

It was also established to respond to the new situation of a less visible U.S. military presence: there are no more U.S. bases, but there are still year-round joint military exercises, U.S. naval ship visits, and deployment of U.S. Special Operation Forces in conflict areas, taking place under the legal framework of the Philippine-U.S. Visiting Forces Agreement and the Mutual Logistics and Support

Military presence includes bases, carriers, facilities, supplies, equipment, training and exercises, and arrangements

Lutz 09 – Research Professor at the Watson Institute for International Studies and Professor of Anthropology at Brown University.  (Catherine, 2009 , “US Bases and Empire: Global Perspectives on the Asia Pacific,” The Asia-Pacific Journal, http://www.japanfocus.org/-Catherine_/3086)

Military bases are “installations routinely used by military forces” (Blaker 1990:4).  They represent a confluence of labor (soldiers, paramilitary workers, and civilians), land, and capital in the form of static facilities, supplies, and equipment.  They should also include the eleven US aircraft carriers, often used to signal the possibility of US bombing and invasion as they are brought to “trouble spots” around the world. They were, for example, the primary base of US airpower during the invasion of Iraq in 2003.  The US Navy refers to each carrier as “four and a half acres of sovereign US territory.” These moveable bases and their land-based counterparts are just the most visible part of the larger picture of US military presence overseas.  This picture of military access includes (1) US military training of foreign forces, often in conjunction with the provision of US weaponry, (2) joint exercises meant to enhance US soldiers’ exposure to a variety

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ENDI 2010 91File Nameof operating environments from jungle to desert to urban terrain and interoperability across national militaries, and (3) legal arrangements made to gain overflight rights and other forms of ad hoc use of others’ territory as well as to preposition military equipment there.  In all of these realms, the US is in a class by itself, no adversary or ally maintaining anything comparable in terms of its scope, depth and global reach.

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“PRESENCE” DEFINITIONS (LAUNDRY LIST) Military presence includes bases, facilities, warships, planes, subs, troops, and weaponry

Kirk and Francis 2k – Gwyn is a member of the San Francisco Bay Area Okinawa Peace Network. Carolyn Francis is a member of Okinawa Women Act Against Military Violence (Gwyn, Carolyn Francis, 15, “Redefining Security: Women Challenge U.S. Military Policy and Practice in East Asia”, Berkeley Women's Law Journal , http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T9583109057&format=GNBFI&sort=BOOLEAN&startDocNo=1&resultsUrlKey=29_T9583109060&cisb=22_T9583109059&treeMax=true&treeWidth=0&csi=248074&docNo=16)

The U.S. government supports nearly 2,000 U.S. military bases and facilities located strategically around the globe. n1 The Pacific Command is part of this network and comprises an integrated system of bases, warships, planes, and submarines n2 that link Hawaii, Micronesia, Japan, South Korea, the Philippines, and Australia. n3 The three countries that are the subject of this article have hosted U.S. bases for many years. The United States has positioned bases across the Pacific and in Asia for the purpose of extending the reach of U.S. troops and weaponry into Asia and, more recently, into the Middle East. U.S. bases in the Philippines played a key role in U.S. interventions in the Boxer Rebellion (China) in 1900, and in Siberia during the Russian Civil War (1918-20). n4 Philippine bases were used "for clandestine supply drops to U.S.-backed right-wing rebels in Indonesia" (in 1958), and the U.S. naval force from the Philippines was deployed to the Bay of Bengal during the India-Pakistan-Bangladesh War (1971). n5 Dozens of U.S. bases in Okinawa, mainland Japan, and the Philippines were used as forward bases during the Korean War and the Vietnam War. n6 U.S. troops in East Asia are also deployed outside the region, as was the case in the Persian Gulf War. n7 According to a U.S. Defense Department report, "Asian nations provided [*231] access to ports, airfields, and maintenance facilities for personnel, ships and aircraft en route to the Mideast." n8

Military presence is combat forces, bases, and military facilities

Harkavy 89 (Robert E., Professor of Political Science at Pennsilvania State University, "Bases Abroad: The Global Foreign Military Presence, Oxford University Press, 1989, p. 8)

One might prefer the use of a still broader term, "foreign military presence." Everything that falls under the headings of bases and facilities would thereby be included. So too would large military formations (combat units, etc.) and military advisory groups, and headquarters operations which may be spread around office buildings in the centre of a host city.

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“PRESENCE” = MILITARY INFRASTRUCTURE/ASSETS Presence refers to deployed forces and infrastructure – DOD definition

GAO 1 – General Accounting Office (“EUROPEAN SECURITY U.S. and European Contributions to Foster Stability and Security in Europe,” November, http://www.investigativeproject.org/documents/testimony/214.pdf

DOD defines overseas presence as the mix of permanently stationed forces, rotationally deployed forces, temporarily deployed forces, and infrastructure required to conduct the full range of military operations.

Presence refers to deployed forces and infrastructure

Crawford 3 – US Army Colonel, paper for the USAWC STRATEGY RESEARCH PROJECT (Paul, “Army Pre-Positioned Stocks and High-Speed Sealift,”http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA414836&Location=U2&doc=GetTRDoc.pdf

The National Military Strategy (NMS) defines Overseas Presence as “the strategic placement of permanently stationed, rotationally deployed and temporarily deployed U.S. military forces overseas, and the infrastructure and pre-positioned equipment necessary to sustain them in and near key regions.”5 The NMS goes on to state, “Strategic mobility requires robust sealift, airlift, space lift, and ground transportation supported by adequate and sufficient air refueling assets, mobility infrastructure, material handling equipment, and pre-positioned stocks of supplies and equipment.”6 Strategic mobility is critical to our ability to augment forward-deployed forces or quickly reinforce a region, and pre-positioned equipment sets are a critical enabler identified in the NMS.

Presence refers to troops or military material

Greer 91 - Lieutenant Colonel, US Army (Charles, “The Future of Forward Presence”, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA234227&Location=U2&doc=GetTRDoc.pdf)

To establish a conceptual framework for this paper, I developed the following definition of forward presence within the context of national defense: the visible employment of US military personnel and/or military material as a deterrent outside of the continental United States (OCONUS) at any point along the operational continuum short of involving major US conventional forces in combat.

Weapons are part of the US military presence

Lutz 9 – professor of International Studies at Brown (Catherine, The Bases of Empire: The Global Struggle Against U.S. Military Posts, p. 6, google books)

Much of the United States' unparalleled weaponry, nuclear and otherwise, is stored at places like Camp Darby in Italy, Kadena Air Force Base in Okinawa, and the Naval Magazine on Guam, as well as in nuclear submarines and on the navy's other floating bases. The weapons, personnel, and fossil fuels involved in this U.S. military presence cost billions of dollars, most coming from U.S. taxpayers but an increasing number of billions from the citizens of the countries involved. Elaborate bilateral negotiations exchange weapons, cash, and trade privileges for overflight and land-use rights. Less explicitly, but no less importantly, rice import levels or immigration rights to the United States or overlooking human rights abuses have been the currency of exchange (Cooley, 2008).

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“PRESENCE” = MILITARY INFRASTRUCTURE/ASSETS Military presence is the physical presence of military assets in an area

Jones 08 (Major Bud Jones, military analyst, USAF, The Objective is Influence, not Presence, or its Influence, Air & Space Power Journal - Chronicles Online Journal) http://www.airpower.maxwell.af.mil/airchronicles/cc/influenc.html

Unfortunately, military presence can easily masquerade as the objective and the argument over which particular service or mix of forces can best attain the desired presence can dominate the debate and exclude other considerations. Presence and influence are related, but they are not synonymous. Presence, the mere fact or condition of being present, is much easier to achieve. It can be achieved in some special circumstances by sending a carrier battle group or amphibious force, in a greater number of circumstances by rapidly deploying Army elements, or in the greatest number of instances by the sudden impact of air power from Air Force warplanes quickly launched from distant bases--including those in the continental United States. In all these cases, presence is designed to shrink the time and distance equation so a potential military response will seem more immediate and visible. Still, the debate over who can best provide presence while limiting vulnerability and danger to US lives causes a loss of focus on the more important objective: influence.

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“PRESENCE” = TEMPORARY VISITS Presence includes temporary deployments

Cliff et al 1 - associate political scientist with RAND and currently is assigned to the Office of the Deputy Assistant Secretary of Defense for Strategy (Roger, QDR 2001: Strategy-Driven Choices for America’s Security, Ed: Michele Flournoy http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA430963&Location=U2&doc=GetTRDoc.pdf)

3 Another method of categorizing overseas presence forces—one used in recent reports of the Secretary of Defense—is by their degree of permanence. In this construct, overseas presence forces can be categorized as (1) permanently stationed, (2) rotationally deployed, and (3) deployed temporarily for exercises, combined training, or military-to-military interactions. See Secretary of Defense William S. Cohen, Annual Report to the President and Congress 2000, 4.

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“PRESENCE” ICLUDES VIRTUAL PRESENCE Presence includes virtual presence

Billman 2k - LIEUTENANT COLONEL, USAF, and NATIONAL DEFENSE FELLOWGENERAL RIDGWAY CENTER FOR INTERNATIONAL SECURITY STUDIESUNIVERSITY OF PITTSBURGH (Gregory, “The Space of Aerospace Power – Why and How,” http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA394062&Location=U2&doc=GetTRDoc.pdf

This chapter discusses presence, its relationship to influence, and how this relationship affects an adversary. This discussion is done from both general military and specific aerospace perspectives. Webster’s dictionary defines presence as “the state or act of being present.” “Present” denotes being “alert to circumstances,” and “readily available.” An entity is present when it is physically “close at hand,” or even perceived to be so. Hence, an entity can be present when it is physically so, or merely notionally so.This chapter deals with “presence” in two ways. First, it discusses the capability of military forces to be “present” in, near, or over an area of interest to the US. Second, it discusses two concepts of presence -- real and virtual -- and how they relate to the space dimension of aerospace power. Presence allows influence.

Presence activities are distinct from “being present” – it means the ability to exert influence

Thomason 2 – Project Leader, Institute for Defense Analysis (James, “Transforming US Overseas Military Presence: Evidence and Options for DoD,” July, http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.122.1144&rep=rep1&type=pdf

In everyday parlance, to “be present” means that an entity is in a particular place at a particular time. It is the opposite of absence. Being present in this sense does not necessarily mean that the entity is exerting a significant effect upon the immediate surroundings. By contrast, in everyday language, to “have presence” or “have a presence” means that an individual is able to exert and usually is exerting a significant effect on the immediate surroundings.

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“PRESENCE” INCLUDES VIRTUAL PRESENCE Presence includes virtual presence

Widnall and Fogleman, 97 – *Institute Professor at MIT and former US Secretary of the Air Force AND **former Air Force general (Sheila and Ronald, American Defense Policy, ed: Hays, p. 357-358)

The thrust of forward defense was to deter potential aggressors, and if that failed, to engage those aggressors’ forces close to their borders, halting and repelling the aggression. As such, presence equated to and was ensured by bipolar alliances, heavy overseas troop commitments, frequent political and military-to-military interaction with America’s allies, and the continual courting of “on-the-fence” nations. In short, America’s Cold War strategy was “being there.” It was a strategy most Americans understood.As the 1980s ended and the Cold War subsided, the basis for the traditional definition of presence began to dissolve. America moved from the Cold War’s bipolar arrangement toward what was perceived to be a new, less threatening political environment. As forward defense lost its rationale, forward presence and overseas presence emerged. The goal of each was to assure America’s allies of our nation’s continued commitment to their security while responding to the reality of the decreasing threat to America’s national existence.Today the global international system has become a more diverse panorama of political, military, and economic concerns confronting the United States. Consequently, it is more difficult to achieve consensus on what Americans consider “vital” national interests. Despite this, America’s military forces are involved in more operations of greater duration than at any time in the past twenty years; and, these operations have been conducted with 25 percent of the total force and 40 percent fewer forward deployed forces than the services possessed in 1989.In the face of increasing demands on U.S. military forces, smaller force structures, and shrinking defense budgets, we can no longer afford to physically deploy forces in every region of concern. Concurrent with changes in the international security environment are significant advances in technology, most notably information technologies. The ability to create, disseminate, access, and manipulate information for one’s own ends and to control information available to competitors or adversaries produces a potential for decisive advantage. Much as the introduction of the airplane moved us into the three-dimensional battlefield, information technologies lead us to consider the potential of operations in a four-dimensional, virtual battlespace. This battlespace is not defined in terms of traditional, centralized, geopolitical boundaries, but in terms of a decentralized, global web of networks. As a result, we must examine new methods of characterizing the threat – including the use of technology-based analysis – and determine appropriate responses.To use an analogy, during the Cold War, America was like a cop permanently guarding the door of every bank around the globe. Changes in the security environment coupled with technological improvements and force reductions altered America’s need to continue in this role. Hence America replaced “the cop on the beat” with “video monitoring and alarm systems” linked to joint military capabilities that can be brought to bear wherever and whenever necessary. This monitoring and alarm network consists of space-based and air-breathing platform sensors and other information-gathering systems. In most instances, information, combined with the right mix of capabilities, can achieve U.S. goals. On occasion, information alone may be enough to attain U.S. objectives. Of course, in some regions of the world a physical presence is imperative; however, there may be circumstances when such a presence is counterproductive. In instances where a physical presence is not preferred, information capabilities provide America the option to visit the “bank” as often as it wishes to check the integrity of the system.In an environment influenced by so many variables, how should America best pursue the continuing need for presence? One way is through global presence. Global presence expands the definition of presence to include the advantages of physical and virtual means. Global presence considers the full range of potential activities from the physical interaction of military forces to the virtual interaction achieved with America’s information-capabilities.

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“PRESENCE” INCLUDES TRAINING Presence is primarily training – not just troop presence

Lutz 9 - professor at the Watson Institute for International Studies at Brown University (Catherine, “Obama’s Empire,” New Statesman, August 3, 2009, lexis)

Moreover, these bases are the anchor - and merely the most visible aspect - of the US military's presence overseas. Every year, US forces train 100,000 soldiers in 180 countries, the presumption being that beefed-up local militaries will help to pursue US interests in local conflicts and save the US money, casualties and bad publicity when human rights abuses occur (the blowback effect of such activities has been made clear by the strength of the Taliban since 9/11). The US military presence also involves jungle, urban, desert, maritime and polar training exercises across wide swathes of landscape, which have become the pretext for substantial and permanent positioning of troops. In recent years, the US has run around 20 exercises annually on Philippine soil, which have resulted in a near-continuous presence of US soldiers in a country whose people ejected US bases in 1992 and whose constitution forbids foreign troops to be based on its territory. Finally, US personnel work every day to shape local legal codes to facilitate US access: they have lobbied, for example, to change the Philippine and Japanese constitutions to allow, respectively, foreign troop basing and a more-than-defensive military.

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“PRESENCE” = BILATERAL AGREEMENTS Military presence means bilateral agreements, NOT permanent military installations

Lutz 09 – Professor of Anthropology and International Studies, past president of the American Ethnological Society, the largest organization of cultural anthropologists in the U.S (Catherine, February, “The bases of Empire: The Global Struggle against U.S. Military Posts”, p. 80, http://books.google.com/books?id=nPAgU6lhAT4C&printsec=frontcover&dq=The+Bases+of+Empire+preview&hl=en&ei=2kcdTNC9MIP-8Abcwf3IDA&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCwQ6AEwAA#v=onepage&q=%22military%20presence%22&f=false)),

The U.S. military’s presence increasingly takes form not in permanent installations, but through bilateral agreements for military operations and maneuvers. The Paraguayan Congress’s authorization in May 2005 for 13 U.S. military exercises through December 2006 offers a pointed example of this phenomenon. The authorization granted diplomatic immunity to the U.S. troops, as well as exemption from import taxes and inspections. The U.S. troops operating in Paraguay were centered in a military base and Mariscal Estigarribia, constructed in the 1980s and with the longest runway in the country, although it is located in a remote area with a population of just 2,000. The air base sits close to the “tri-border area” of Paraguay, Argentina, and Brazil, which holds strategic economic value, particularly for its hydrological resources and proximity to Bolivia’s gas reserves. In addition, the area has a sizable Arabic population, and ever since September, 11, 2001, U.S. officials promoting an anti-terrorist lens for military activity in Latin America have pointed to the area as a possible focal point for Al Qaeda activity

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A2 “PRESENCE” ≠ WEAPONS Military presence includes weapons stationed overseas

Qingchuan 09 (Yang Qingchuan, news writer, 8/14/09, “Colombia deal suggests unchanged U.S. policy to keep mammoth global military presence”, http://webcache.googleusercontent.com/search?q=cache:TXfW4ttwj44J:www.globalresearch.ca/index.php%3Fcontext%3Dva%26aid%3D14770+%22military+presence%22+definition&cd=4&hl=en&ct=clnk&gl=us&client=safari)

Although Washington has been readjusting its global military presence since the Cold War, the global reach of U.S. military presence is still unparalleled. Excluding huge presence of U.S. troops in Iraq and Afghanistan, there are about 900 U.S. military facilities in 46 countries and territories, accommodating 190,000 U.S. troops and 115,000 civilian employees, according to official figures. However, some analysts say the real figures may be far greater. All together, the Pentagon owns or rents 322,000 hectares of land overseas, with an inventory of weapons worth trillions of U.S. dollars according to some estimate. U.S. policymakers gave two sets of reasons for keeping such a vast network of global presence. One is to enhance security of the world by deterring attacks from "rogue countries" and preventing unrest, and the other is to provide humanitarian assistance.

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A2 “PRESENCE” = NON-COMBAT ACTIVITIES Military presence is defined by a country where there is a military base, aid, personnel, or soldiers engaged in combat theatres

Nekoomaram 09 (Ladan Nekoomaram, graduate student at American University in the journalism master’s program, 11/10/09, “US military presence in foreign countries exceeds rest of world”, http://webcache.googleusercontent.com/search?q=cache:ivAWIWAme0kJ:inews6.americanobserver.net/articles/us-military-presence-foreign-countries-exceeds-rest-world+%22military+presence+is%22&cd=8&hl=en&ct=clnk&gl=us&client=safari)

U.S. troops today are stationed throughout the Middle East, including Iraq, Afghanistan, Turkey and Kuwait. While some countries are home to military bases, others require military disaster relief after a crisis, like a tsunami. Others have become battlefields, resulting in the deaths of U.S. soldiers and foreign civilians. Military presence is defined by any nation where the U.S. has a military base, where the U.S. is providing military aid, active duty military personnel, or where U.S. soldiers are engaged in combat theaters. The 2008 Department of Defense Base Structure Report, which details military real estate, indicates that the U.S. military has 761 properties overseas.

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A2 GREER’S DEFINITION OF PRESENCE Greer’s definition isn’t rigorous or well thought out, it only applies to his paper

Greer 91 - Lieutenant Colonel, US Army (Charles, “The Future of Forward Presence”, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA234227&Location=U2&doc=GetTRDoc.pdf)

The definition may not be scholastically airtight. It is only offered to provide a conceptual frame of reference for the study. So for the purpose of this study, let us accept that forward presence is the visible employment of US military personnel and/or military material as a deterrent outside of the continental United States (OCONUS) at any point along the operational continuum short of involving major US conventional forces in combat.

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A2 PRESENCE = ONLY DETERRENCE Presence refers to military forces deployed for the purpose of influence, reassurance, deterrence, and initial crisis response

Flournoy 1 - senior advisor for international security at the Center for Strategic and International Studies and previously served as a distinguished research professor in the Institute for National Strategic Studies at the National Defense University and as the Principal Deputy Assistant Secretary of Defense for Strategy and Threat Reduction (Michele, QDR 2001: Strategy-Driven Choices for America’s Security, Ed: Michele Flournoy http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA430963&Location=U2&doc=GetTRDoc.pdf)

Terms such as presence and engagement are often used rather loosely. Following a survey and analysis of existing sources, we developed or adopted specific definitions for the terms used to describe these strategy issues.We define overseas presence as military forces permanently stationed or rotationally or intermittently deployed overseas for the purposes of influence, engagement, reassurance, deterrence, and initial crisis response. We define peacetime military engagement as encompassing all U.S. military activities designed to enhance constructive security relations and promote broad U.S. security interests, including activities such as combined training and education, military-to-military interactions, security assistance, and various other programs. U.S. overseas presence forces are often also involved in conducting peacetime military engagement activities.

Presence refers to military forces deployed for particular military goals of influence, reassurance, deterrence and crisis response

Flournoy 1 - senior advisor for international security at the Center for Strategic and International Studies and previously served as a distinguished research professor in the Institute for National Strategic Studies at the National Defense University and as the Principal Deputy Assistant Secretary of Defense for Strategy and Threat Reduction (Michele, QDR 2001: Strategy-Driven Choices for America’s Security, Ed: Michele Flournoy http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA430963&Location=U2&doc=GetTRDoc.pdf)

Another key element of any defense strategy is overseas presence, which we define as the military forces permanently stationed or rotationally or intermittently deployed overseas for the purposes of influence, engagement, reassurance, deterrence, and initial crisis response. Because many overseas-presence forces require a substantial rotation base, this element has potentially profound implications for the size of the associated force.

Presence includes crisis response and security cooperation

Henry 6 – served as Principal Deputy Under Secretary of Defense for Policy since February 2003 (Ryan, “Reposturing the Force: U.S. Overseas Presence in the Twenty-first Century,” ed: Lords,http://www.usnwc.edu/Publications/Naval-War-College-Press/Newport-Papers/Documents/26-pdf.aspx)

Finally, operational access comprises the presence, global management, and surging of our forces overseas, all enabled by the political and geographic access we enjoy with hostnation partners. Presence is defined by the permanent and rotational forces that conduct military activities (training, exercises, and operations) worldwide, from security cooperation to crisis response. That presence consists of both small units working together in a wide range of capacities and major formations conducting elaborate exercises to achieve proficiency in multinational operations. Second, our posture supports our new approach to force management, which seeks both to relieve stresses on our military forces and their families and to manage our forces on a global, rather than regional, basis. Combatant commanders no longer “own” forces in their theaters; rather, forces are managed according to global priorities. Third, managing our

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ENDI 2010 105File Namemilitary forces globally also allows us to surge a greater percentage of the force wherever and whenever necessary.

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A2 DEFINITIONS OF “FORWARD PRESENCE” Forward presence is broader than military presence – it includes nonmilitary capabilities

Challis 93 - Lieutenant Colonel (Dan, "GENERAL PURPOSE GROUND FORCES" WHAT PURPOSE?" 4/6, http://www.dtic.mil/cgi-bin/GetTRDoc?AD=ADA441096&Location=U2&doc=GetTRDoc.pdfJSCP = Joint Strategic Capabilities Plan

JSCP guidance for forward presence operations is similarly broad. It defines forward presence as the "totality of U.S. instruments of power deployed overseas (both permanently and temporarily) at any time". A wide-ranging assortment of 34 specific actions are aligned into six categories:•operational training and deployments•security assistance•peacekeeping operations• protecting U.S. citizens abroad•combatting drugs• humanitarian assistanceIt is evident from the JSCP that a wide variety of military and non-military capabilities are to be integrated into the regional CINCs' plans. The breadth of military operations envisioned in this document has huge implications for the number, structure, training and operational tempo (OPTEMPO) of conventional units, to include general purpose ground forces.

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“POLICE PRESENCE” = CIVILIAN PUBLIC POLICE FORCES Police refers to civilian public forces charged with crime control and maintaining order

Deflem and Sutphin 6 – * Associate Professor of Sociology University of South Carolina AND **grad student in sociology at the University of South Carolina (Mathieu and Suzanne, "Policing Post-War Iraq: Insurgency, Civilian Police, and the Reconstruction of Society." Sociological Focus 39(4)265-283.http://www.cas.sc.edu/socy/faculty/deflem/zpoliraq.html

Our analysis of the police situation in Iraq focuses on developments since an end to major combat operations was announced in the Spring of 2003. Unless explicitly noted otherwise, the term police in this paper refers to the institution and function of civilian public police forces that are formally legitimated within the context of national states with the tasks of crime control and order maintenance. Importantly, we make no assertion that the police in Iraq has acquired a degree of popular legitimacy comparable to that of law enforcement agencies in other nations, especially those with a long history of democratization. Relatedly, when we use such terms as insurgency and terrorism in this paper, we imply no essentialist positions but instead rely on a constructionist viewpoint and therefore precisely rely on the terms that are being used, especially on the part of the agents of control, to refer to acts of violence that are responded to accordingly by police agencies and other institutions of social control. Considering the rapidly evolving and changing nature of the Iraqi situation, also, it is important to note that this article was completed in August 2006, at a time when discussions on the insurgency in Iraq were for several months already implying a shift towards civil war. 

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“POLICE PRESENCE” DEFINITIONS Military or police presence refers to stationed personnel within a place

Compact Oxford English Dictionary, 10 (http://www.askoxford.com/concise_oed/presence?view=uk)

presence  • noun 1 the state or fact of being present. 2 the impressive manner or appearance of a person. 3 a person or thing that is present but not seen. 4 a group of soldiers or police stationed in a particular place: the USA would maintain a presence in the region .

The Oxford Essential Dictionary of the U.S. Military 2 (by Oxford University Press, Inc. All rights reserved, republished and cited as “US Military Dictionary” at: http://www.answers.com/topic/presence)

US Military Dictionary: presencen.a group of people, especially soldiers or police, stationed in a particular place: maintain a presence in the region.

MacMillan Dictionary 10 (http://www.macmillandictionary.com/dictionary/american/presence)

definition of presencenoun3. a. a group of people, especially soldiers or the police, who are in a place for a particular purposeWe intend to maintain a presence in the country until there is peace.military/police presence: There is still a large U.S. military presence in the region.

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“AND/OR” DEFINITIONS And/or means one or the other or both

Words and Phrases 07 (3A W&P, p. 220)

C.A.1 (Mass.) 1981. Words “and/or,” for contract purposes, commonly mean the one or the other or both.—Local Division 589, Amalgameted Transit Union, AFL-CIO, CLC v. Com. Of Mass., 666 F.2d 618, certiorari denied Local Div. 589, Amalgamated Transit Union AFL-CIO v. Massachusetts, 102 S.Ct. 2928, 457 U.S. 1117, 73 L.Ed.2d 1329.—Contracts 159.

And/or means one or the other or both

Pullum 08 (Geoffrey K., Professor of General Linguistics – University of Edinburgh, “And/or: "and AND or", or "and OR or"?”, Language Log, 4-14, http://languagelog.ldc.upenn.edu/nll/?p=35)

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

-- X or Y or both

Wood 01 (Diane P., Circuit Judge – United States Court of Appeals, “Susan E. Hess, Plaintiff-Appellee, v. Hartford Life & Accident Insurance Company”, 12-13, http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=7th&navby=case&no=002043)

Having determined that Hess's 1996 employment contract is properly a part of the administrative record the district court was entitled to consider, we must next decide whether Hartford could reasonably have determined that Hess's benefits as of April 19, 1996, should have been based only on her 1995 draw amount. Like the district court, we cannot

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ENDI 2010 113File Nameread the contract that way. Hess's 1996 contract clearly states that the draw system was to be phased out as of April 5. The contract also specifies that her benefits, including long-term disability benefits, would be calculated based on her "base salary and/or draw." (We note in passing that the phrase "and/or" has its critics. Bryan A. Garner reports in A Dictionary of Modern Legal Usage 56 (2d ed. 1995), that "and/or has been vilified for most of its life-- and rightly so." He goes on to say, however, that the expression, while "undeniably clumsy, does have a specific meaning (x and/or y = x or y or both)." Id.) Here, this would mean that Hess could have her benefits calculated on the basis of her base salary, or her draw, or both. In the context of Fleet's transition away from a draw system, the only reasonable interpretation of this provision was that the benefits would be based on the draw while it was in effect and on the base salary thereafter. As of April 5, Hess was thus contractually entitled to a benefits package based on her base salary--that is, based on the average of her previous two years' commissions. The fact that Fleet may have breached the contract (or been slow in implementing its details) by failing to move from the draw system to the base salary system until June 1 does not change the package of compensation and benefits to which Hess was contractually entitled. Nor could the fact that Fleet failed to inform Hartford about the date the change-over was to have occurred affect Hess's benefit amount. The Hartford policy states that "[i]f [Fleet] gives The Hartford any incorrect information, the relevant facts will be determined" to establish the correct benefit amount. Once informed by Hess's attorney that Hess believed the information Fleet provided Hartford was incorrect, it was incumbent on the examiner to refer to Hess's employment contract to determine her actual regular monthly pay. Had he done so, he would have seen that Hess became entitled to the higher level of benefits on April 5, two weeks before her disability. The district court therefore did not err when it concluded that Hartford's failure to consider the contract was arbitrary and capricious.

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“AND/OR” DEFINITIONS “And/or” can mean either – defer to general community practice

Words and Phrases 07 (3A W&P, p. 224)

N.D. 1964. “And/or” as used in contract may mean either “and” or “or”, and interpretation should be one which will best effect purpose of parties as determined in light of equities of the case.—Hummel v. Kranz, 126 N.W.2d 786—Contracts 159.

-- “And/or” means or

Words and Phrases 07 (3A W&P, p. 224)

Or. 1942. As used in the constitutional amendment and statue relating to the creation of public utility districts, the hybrid phrase “and/or” may be construed as meaning “or”.—Ollilo v. Clatskanie People’s Utility Dist., 132 P.2d 416, 170 Or. 173.

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“AND” DEFINITIONS And means in addition

Ansell 00 (Mary, “Chapter 28: Conjunctions”, English Grammar: Explanations and Exercises, http://www.fortunecity.com/bally/durrus/153/gramch28.html)

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

And means requires both

Words and Phrases 07 (3A W&P, p. 166)

C.A.Fed. 2001. Inclusion of conjunctive “and” in regulation indicated that all three of the enumerated criteria had to be demonstrated.—Watson v. Department of Navy, 262 F. 3d 1292, certiorari denied 122 S.Ct. 817, 534 U.S. 1083, 151 L.Ed.2d 700.—Admin Law 412.1.

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“OR” ≠ AND ‘Or’ can be one – does not have to be both

Webster’s 96 (Revised Unabridged Dictionary, “Or”, http://dictionary.reference.com/browse/or)

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

Exclusive evidence – ‘or’ means only one

Quirk 93 (Randolph, Professor of Linguistics – University of Durham, and Sidney Greenbaum, “A University Grammar of English”, http://grammar.ccc.commnet.edu/grammar/conjunctions.htm)

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

“Or” does not mean and

Words and Phrases 7 (3A W&P, p. 167)

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

And does not mean “or”

Words and Phrases 7 (3A W&P, p. 167)

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

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“OR” DEFINITIONS "Or" represents alternatives

Random House Webster's College Dictionary 1999 (Random House, "or," Random House Inc. p. 928)

1. (used to connect words, phrases, or clauses representing alternatives): to be or not to be.

"Or" indicates an alternative

Merriam-Webster 2010 (Merriam-Webster Online Dictionary, "or," Merriam Webster Inc., http://www.merriam-webster.com/dictionary/or)

used as a function to indicate an alternative <coffee or tea><sink or swim>, the equivalent or substitutive character of two words or phrases <lessen or abate>, or approximation or uncertainty <in five or six days>

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“OR” = AND “Or” means and

Words and Phrases 07 (3A W&P, p. 167)

C.A.2 (Conn.) 1958. Where words in will are placed in the disjunctive, and intent of testator is clear, word “or” is often construed as “and”.—Hight v. U.S., 256 F.2d 795.—Wills 466.

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“IN” = WITHIN "In" means within or inside of—this is the MOST COMMON meaning

Words and Phrases 1959 (Volume 20A) p. 17

The word “in” is defined by Webster as within, inside of, “and with such meaning the preposition is commonly and generally used.”

"In" means within

Words and Phrases 1959 (Volume 20A) p. 17

A local act, prohibiting fishing “in” the waters of a county, applies to some portion of a river within that county

"In" means inside of, within the bounds of

Words and Phrases 1959 (Volume 20A) p. 17

The word “in” means “inside of” “within the bounds or limits of”

“in” means within and generally indicates location

Ballentine's Legal Dictionary and Thesaurus 1995 p. 306

Within. “In” generally indicates location. The word “in” also precedes many Latin and French phrases in the law and can have various meanings, including in, on, to, into, within, while, according to, in the course of, at, and among

in means within the limits of

Merriam Webster Online Dictionary 06 (http://www.m-w.com/cgi-bin/dictionary?book=Dictionary&va=in)

Main Entry: 1 in Pronunciation: 'in, &n, &nFunction: prepositionEtymology: Middle English, from Old English; akin to Old High German in in, Latin in, Greek en1 a -- used as a function word to indicate inclusion, location, or position within limits <in the lake> <wounded in the leg> <in the summer>

In expresses being enclosed or surrounded within

Compact Oxford English Dictionary 8 (“in”, 2008, http://www.askoxford.com/concise_oed/inxx?view=uk)inpreposition 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).

In means within the bounds of

Oxford English Dictionary 89 (Second Edition, online accessed via Emory databases)

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in, prep. 1. a. Of place or position in space or anything having material extension: Within the limits or bounds of, within (any place or thing).

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"IN" = THROUGHOUT "In" means throughout

Words and Phrases 1959 (Volume 20A) p. 16

In the act of 1861 providing that justices of the peace shall have jurisdiction “in” their respective counties to hear and determine all complaints, etc., the word “in” should be construed to mean “throughout” such counties

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"IN" DEFINITIONS (RANDOMNESS) "In" implies an idea of place

Words and Phrases 1959 (Volume 20A) p. 15

As used in Rev.St.1876, p. 636, Section 6, providing that notes payable “in a bank” shall be considered on a footing with bills of exchange, and shall be governed by the law merchant, “ in” embodies the idea of place

"In" means from

Words and Phrases 1959 (Volume 20A) p. 15

The word “from” is often used interchangably with “in.” An indictment charging larceny “from” a residence on fire charges an offense under Comp.Laws, Section 11,551, prohibiting larceny by stealing “in” any building on fire.

"In" doesn't necessarily mean from—context determines the meanings of in, into, and from

Words and Phrases 1959 (Volume 20A) p. 15

The words “in”, “into” and “from,” in statute imposing income tax upon receipts of foreign corporation for transporting, delivering, or distributing of goods, wares, or merchandise or transporting of persons or property “in”, “into” or “from” state, each represents a different idea, the word “in” referring to transportation of property wholly within the state, “into” referring to transportation of property from another state into the state as its final destination, and “from” referring to property originating in state, the destination of which is another state

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“SOUTH KOREA” DEFINITIONS South Korea refers to the republic located in the southern half of the Korean Peninsula in Eastern Asia

CIA: The World Factbook 10 (June 3, Central Intelligence Agency: The World Factbook, “Korea, South,” https://www.cia.gov/library/publications/the-world-factbook/geos/ks.html)

Location: Eastern Asia, southern half of the Korean Peninsula bordering the Sea of Japan and the Yellow SeaGeographic coordinates: 37 00 N, 127 30 EGovernment type: republic

Dictionary.com 10 ("South Korea," http://dictionary.reference.com/browse/south+korea)

South Korea –nouna country in E Asia: formed 1948 after the division of the former country of Korea at 38° N. 45,948,811; 36,600 sq. mi. (94,795 sq. km). Capital: Seoul.Compare Korea.Use south korea in a SentenceSee images of south koreaSearch south korea on the WebOfficial name, Republic of Korea.—Related formsSouth Korean, adjective, nounDictionary.com UnabridgedBased on the Random House Dictionary, © Random House, Inc. 2010.Cite This Source|Link To south koreaSouth Korea (click for larger image in new window)A country of eastern Asia at the southern end of the Korean peninsula. A united kingdom since the seventh century A.D., Korea was occupied by Japan (1910-1945) and divided into a northern Soviet zone and a southern American zone after World War II. Soviet resistance to reunification led to the establishment in 1948 of two separate countries, with the Korean War (1950-1953) leaving the peninsula divided along much the same line as before. Ruled by a series of authoritarian military leaders, South Korea developed a prosperous economy on the strength of trade ties with Japan and the United States. Seoul is the capital and the largest city. Population: 49,000,000.South Korean adj. & n.The American Heritage® Dictionary of the English Language, Fourth EditionCopyright © 2009 by Houghton Mifflin Company.Published by Houghton Mifflin Company. All rights reserved.Cite This SourceCultural DictionarySouth Korea definitionOfficially the Republic of Korea; located on the peninsula separating the Yellow Sea and the Sea of Japan, two arms of the Pacific Ocean. Its capital and largest city is Seoul.

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“JAPAN” DEFINITIONS Japan is the island chain of parliamentary government with a constitutional monarchy in Eastern Asia

CIA: The World Factbook 10 (June 3, Central Intelligence Agency: The World Factbook, “Japan,” https://www.cia.gov/library/publications/the-world-factbook/geos/ja.html)

Location: Eastern Asia, island chain between the North Pacific Ocean and the Sea of Japan, east of the Korean PeninsulaGeographic coordinates: 36 00 N, 138 00 EGovernment type: a parliamentary government with a constitutional monarchy

Dictionary.com 10 ("Japan," http://dictionary.reference.com/browse/japan)

–noun1.a constitutional monarchy on a chain of islands off the E coast of Asia: main islands, Hokkaido, Honshu, Kyushu, and Shikoku. 125,716,637; 141,529 sq. mi. (366,560 sq. km). Capital: Tokyo. Japanese, Nihon, Nippon.2.Sea of, the part of the Pacific Ocean between Japan and mainland Asia.

A country of Asia on an archipelago off the northeast coast of the mainland. Traditionally settled c. 660 B.C., Japan's written history began in the 5th century A.D. During the feudal period (12th-19th century) real power was held by the shoguns, whose dominance was finally ended by the restoration of the emperor Mutsuhito in 1868. Feudalism was abolished, and the country was opened to Western trade and industrial technology. Expansionist policies led to Japan's participation in World War II, which ended after atomic bombs were dropped on Hiroshima and Nagasaki (August 1945). Today the country is highly industrialized and noted for its advanced technology. Tokyo is the capital and the largest city. Population: 127,000,000.

Cultural Dictionary

Japan definition

Island nation in the northwest Pacific Ocean off the coast of east Asia, separated by the Sea of Japan from Russian Siberia, China, and Korea. The Japanese archipelago includes four major islands (Hokkaido, Honshu, Kyushu, and Shikoku) as well as many smaller islands. Its capital and largest city is Tokyo.

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“AFGHANISTAN” DEFINITIONS Afghanistan refers to the Islamic republic in Southern Asia between Pakistan and Iran

CIA: The World Factbook 10 (May 27, Central Intelligence Agency: The World Factbook, “Afghanistan,” https://www.cia.gov/library/publications/the-world-factbook/geos/af.html)

Location: Southern Asia, north and west of Pakistan, east of IranGeographic coordinates:33 00 N, 65 00 EGovernment type: Islamic republic

Dictionary.com 10 ("Afghanistan," http://dictionary.reference.com/browse/afghanistan)

–nouna republic in central Asia, NW of India and E of Iran. 23,738,085; 250,000 sq. mi. (647,500 sq. km). Capital: Kabul.Dictionary.com UnabridgedBased on the Random House Dictionary, © Random House, Inc. 2010.Cite This Source|Link To afghanistanAbused Women AfghanistanHelping abused, exploited & trafficked Afghan Women & Childrenwww.hagarusa.orgDigby Delgadohas the solution!Sponsored Resultswww.digbysuncommonreason.comAf·ghan·i·stan (āf-gān'ĭ-stān') (click for larger image in new window)A landlocked country of southwest-central Asia. Since ancient times the region has been crisscrossed by invaders, including Persians, Macedonians, Arabs, Turks, and Mongols. Afghan tribes united in the 18th century under a single leadership, but a fully independent state did not emerge until 1919. Kabul is the capital and the largest city. Population: 31,900,000.The American Heritage® Dictionary of the English Language, Fourth EditionCopyright © 2009 by Houghton Mifflin Company.Published by Houghton Mifflin Company. All rights reserved.Cite This SourceCultural DictionaryAfghanistan definitionRepublic in south-central Asia, bordered by Turkmenistan, Uzbekistan, and Tajikistan to the north, China to the northeast, Pakistan to the east and south, and Iran to the west. Kabul is its capital and largest city.

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“IRAQ” DEFINITIONS Iraq is a parliamentary democratic country in the Middle East between Iran and Kuwait

CIA: The World Factbook 10 (May 27, Central Intelligence Agency: The World Factbook, “Iraq,” https://www.cia.gov/library/publications/the-world-factbook/geos/iz.html)

Location: Middle East, bordering the Persian Gulf, between Iran and KuwaitGeographic coordinates: 33 00 N, 44 00 EGovernment type: parliamentary democracy

Dictionary.com 10 (“Iraq,” http://dictionary.reference.com/browse/iraq)

–nouna republic in SW Asia, N of Saudi Arabia and W of Iran, centering in the Tigris-Euphrates basin of Mesopotamia. 22,219,289; 172,000 sq. mi. (445,480 sq. km). Capital: Baghdad.Use iraq in a SentenceSee images of iraqSearch iraq on the WebAlso, Irak.—Related formspro-I·raq, adjectivetrans-I·raq, adjectiveDictionary.com UnabridgedBased on the Random House Dictionary, © Random House, Inc. 2010.Cite This Source|Link To iraqI·raq (ĭ-rāk', ĭ-räk') (click for larger image in new window)A country of southwest Asia. Site of a number of ancient Mesopotamian civilizations, including Sumer, Akkad, Assyria, and Babylonia, the region fell to Cyrus the Great of Persia (6th century B.C.), Alexander the Great (4th century B.C.), Arabs (7th century), and later to the Ottoman Turks (16th century). It was established as an independent kingdom in 1921 and became a republic after the assassination (1958) of Faisal II. Baghdad is the capital and largest city. Population: 27,500,000.The American Heritage® Dictionary of the English Language, Fourth EditionCopyright © 2009 by Houghton Mifflin Company.Published by Houghton Mifflin Company. All rights reserved.Cite This SourceWord Origin & HistoryIraqcountry name (1920) is from Arabic name attested since 6c. for the region known in Gk. as Mesopotamia; often said to be from Arabic `araqa, covering notions such as "perspiring, deeply rooted, well-watered," which may reflect the impression the lush river-land made on desert Arabs. But the name may be from, or infl. by, Sumerian Uruk (Biblical Erech), the ancient prominent city in what is now southern Iraq (from Sumerian uru "city").Online Etymology Dictionary, © 2010 Douglas HarperCite This SourceCultural DictionaryIraq [(i-rak, i-rahk)]Republic in the Middle East, bordered by the Persian Gulf, Kuwait, and Saudi Arabia to the south; Jordan and Syria to the west; Turkey to the north; and Iran to the east. Its capital and largest city is Baghdad.

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“KUWAIT” DEFINITIONS Kuwait is the constitutional emirate between Iraq and Saudi Arabi

CIA: The World Factbook 10 (May 27, Central Intelligence Agency: The World Factbook, “Kuwait,” https://www.cia.gov/library/publications/the-world-factbook/geos/ku.html)

Location: Middle East, bordering the Persian Gulf, between Iraq and Saudi ArabiaGeographic coordinates: 29 30 N, 45 45 EGovernment type: constitutional emirate

Dictionary.com 10 ("Kuwait," http://dictionary.reference.com/browse/kuwait)

–noun1.a sovereign monarchy in NE Arabia, on the NW coast of the Persian Gulf: formerly a British protectorate. 2,076,805; ab. 8000 sq. mi. (20,720 sq. km).2.a seaport in and the capital of this monarchy. 800,000.Use kuwait in a SentenceSee images of kuwaitSearch kuwait on the WebAlso, Koweit.—Related formspro-Ku·wait, adjectiveDictionary.com UnabridgedBased on the Random House Dictionary, © Random House, Inc. 2010. 1. A country of the northeast Arabian Peninsula at the head of the Persian Gulf. Settled by Arab tribes in the early 18th century, it became a British protectorate in 1897 and an independent kingdom in 1961. Iraq invaded and occupied the country in 1990, sparking the Persian Gulf War (1991), which ended with Iraqi troops being driven out by a coalition of Arab and Western forces. With its major oil reserves, discovered in 1938, it has one of the highest per capita incomes in the world. The city of Kuwait is its capital. Population: 2,510,000. 2. also Kuwait City The capital of Kuwait, in the east-central part of the country on the Persian Gulf. It was heavily damaged during the Persian Gulf War. Population: 32,400.Ku·wait'i (-wā'tē) adj. & n.The American Heritage® Dictionary of the English Language, Fourth EditionCopyright © 2009 by Houghton Mifflin Company.Published by Houghton Mifflin Company. All rights reserved.Cite This SourceCultural DictionaryKuwait [(koo-wayt)]Independent kingdom on the northeastern part of the Arabian Peninsula, at the head of the Persian Gulf, bordered by Iraq to the north and west and Saudi Arabia to the south.

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“TURKEY” DEFINITIONS Turkey is the republican parliamentary democratic country in Southeastern Europe and Southwestern Asia

CIA: The World Factbook 10 (June 7, Central Intelligence Agency: The World Factbook, “Turkey,” https://www.cia.gov/library/publications/the-world-factbook/geos/tu.html)

Location: Southeastern Europe and Southwestern Asia (that portion of Turkey west of the Bosporus is geographically part of Europe), bordering the Black Sea, between Bulgaria and Georgia, and bordering the Aegean Sea and the Mediterranean Sea, between Greece and SyriaGeographic coordinates: 39 00 N, 35 00 EGovernment type: republican parliamentary democracy

Dictionary.com 10 ("Turkey," http://dictionary.reference.com/browse/turkey)

–nouna republic in W Asia and SE Europe. 63,528,225; 296,184 sq. mi. (767,120 sq. km). (286,928 sq. mi. (743,145 sq. km) in Asia; 9257 sq. mi. (23,975 sq. km) in Europe). Capital: Ankara.Compare Ottoman Empire.—Related formspro-Turkey, adjective(click for larger image in new window)A country of southwest Asia and southeast Europe between the Mediterranean and the Black seas. The region was dominated by many ancient civilizations and peoples, among them the Hittites (1800 B.C.), the Greeks (8th century B.C.), and the Persians (6th century B.C.), and in A.D. 395 it became part of the Byzantine Empire. The area was conquered by the Ottoman Turks between the 13th and 15th centuries and remained the core of the Ottoman Empire for more than 600 years. Its modern history dates to the rise of the Young Turks (after 1908) and the collapse of the empire in 1918. Under the leadership of Kemal Atatürk, a republic was proclaimed in 1923. Ankara is the capital and Istanbul the largest city. Population: 71,200,000.The American Heritage® Dictionary of the English Language, Fourth EditionCopyright © 2009 by Houghton Mifflin Company.Published by Houghton Mifflin Company. All rights reserved.Cite This Source Cultural DictionaryTurkey definitionRepublic straddling southeastern Europe and the Middle East, bordered by the Black Sea to the north, Georgia and Armenia to the northeast, Iran to the east, Iraq and Syria to the southeast, the Mediterranean Sea and the Aegean Sea to the southwest, and Greece and Bulgaria to the northwest. Ninety-seven percent of the country is in Asia. Ankara is its capital, but Istanbul is its largest city and former imperial capital.