WNDI 2011 Topicality Topicality Topicality ..................................................................................................................................... 1 Resolution.................................................................................................................................... 2 Generic Terms ................................................................................................................................. 3 Resolved: Mandates Action ......................................................................................................... 4 The United States Federal Government (USFG) .......................................................................... 5 Should: Expresses Duty ............................................................................................................... 7 Its ................................................................................................................................................. 8 Substantially =/= Quantitative..................................................................................................... 9 Substantially = Quantitative ...................................................................................................... 12 Substantial: Specific Values ....................................................................................................... 13 Increase: Doesn’t Require Pre-existence .................................................................................. 14 Increase: Requires Pre-existence .............................................................................................. 16 Increase: FX T............................................................................................................................. 18 And/Or ....................................................................................................................................... 19 Topic Specific ................................................................................................................................. 20 Space Exploration: 4 Areas ........................................................................................................ 21 Space Exploration: Only Human Presence ................................................................................ 22 Space Exploration: Includes Robotics ........................................................................................ 24 Space Development: includes Research and Development ...................................................... 26 Beyond Earth’s mesosphere ...................................................................................................... 27 Beyond the Earth’s Mesosphere Shell....................................................................................... 29 Specific Affs ............................................................................................................................... 31 Space Exploration: Includes Tourism/Col .................................................................................. 32 Space Exploration: Definition is Fluctuating.............................................................................. 33 Space Exploration: Includes Study of the Earth and Energy Sources ........................................ 35 Space Exploration: includes R and D for new Transportation ................................................... 36 Space Exploration: Includes Study of Human Life ..................................................................... 37 Preliminary research qualifies as exploration ........................................................................... 39 Exploration includes Satellites................................................................................................... 41 Mars is Space Exploration ......................................................................................................... 42 WNDI 2011 Topicality Resolution Resolved: The United States Federal Government should substantially increase its exploration and/or development of space beyond the Earth’s mesosphere. WNDI 2011 Topicality Generic Terms WNDI 2011 Topicality Resolved: Mandates Action Resolved is a firm decision The New Oxford American Dictionary 2005 "resolution n” , second edition. Ed. Erin McKean. Oxford University Press, 2005. Oxford Reference Online. Oxford University Press. http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t183 .e65284 a firm decision to do or not to do something: she kept her resolution not to see Anne any more a New Year's resolution Resolved is to take action The New Oxford American Dictionary, 2005"resolution n." , second edition. Ed. Erin McKean. Oxford University Press, 2005. Oxford Reference Online. Oxford University Press. http://www.oxfordreference.com/views/ENTRY.html?subview=Main&entry=t183 .e65284 the action of solving a problem, dispute, or contentious matter: the peaceful resolution of all disputes | a successful resolution to the problem WNDI 2011 Topicality The United States Federal Government (USFG) Federal government is central government, not individual states Webster’s Dictionary UNABRIDGED, p. 833. Federal government. Of or relating to the central government of a nation, having the character of a federation as distinguished from the governments of the constituent unites (as states or provinces). The USFG is the national government consisting of three branches Britannica Online Encyclopedia, 2006, Encyclopedia Britannica, Inc., http://www.britannica.com/search?query=Federal+Government&ct= The government of the United States, established by the Constitution, is a federal republic of 50 states, a few territories and some protectorates. The national government consists of the executive, legislative, and judicial branches. The head of the executive branch is the President of the United States. The legislative branch consists of the United States Congress, while the Supreme Court of the United States is the head of the judicial branch. The federal legal system is based on statutory law, while most state and territorial law is based on English common law, with the exception of Louisiana and Puerto Rico. The United States accepts compulsory ICJ jurisdiction, with reservations of the federal republic. The USFG is the central authority and sovereignty of the US The Columbia Encyclopedia 2001, Sixth Edition, http://www.bartleby.com/65/fe/federalg.html The United States federal government of a union of states in which sovereignty is divided between a central authority and component state authorities. WNDI 2011 Topicality “United States federal government” is a combination of agencies Encarta World Online Encyclopedia, 2006, http://encarta.msn.com/encyclopedia_1741500781/United_States_(Government ).html United States Government, the combination of federal, state, and local laws, bodies, and agencies that is responsible for carrying out the operations of the United States. The federal government of the United States is centered in Washington, D.C. “United States federal government” is a national government Merriam-Webster’s Collegiate Dictionary, 2002, Merriam-Webster Inc. Collegiate, Tenth Edition http://www.m-w.com/cgi-bin/dictionary A federation of states especially when forming a nation in a usually specified territory “United States federal government” is a governing system concerning the entire nation Merriam-Webster’s Collegiate Dictionary, 2002, Merriam-Webster Inc. Collegiate, Tenth Edition http://www.m-w.com/cgi-bin/dictionary The United States federal government is the area in a governing system concerned with areas that affect the entire nation, such as defense, international relations, taxation, and trade. "United States" means the sovereign state called the "United States" Ballentine's 95 (Legal Dictionary and Thesaurus, 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 95 (Legal Dictionary and Thesaurus, p. 689) the territory over which this sovereign nation called the “United States” exercises sovereign power WNDI 2011 Topicality Should: Expresses Duty Should means must Dictionary.com ’11 (Random House, Inc., 2011, http://dictionary.reference.com/browse/should) must; ought (used to indicate duty, propriety, or expediency Should expresses duty – most predictable def. Dictionary.com ’11 (Random House, Inc., 2011, http://dictionary.reference.com/browse/should) Rules similar to those for choosing between shall and will have long been advanced for should and would, but again the rules have had little effect on usage. In most constructions, would is the auxiliary chosen regardless of the person of the subject: If our allies would support the move, we would abandon any claim to sovereignty. You would be surprised at the complexity of the directions. Because the main function of should in modern American English is to express duty, necessity, etc. (You should get your flu shot before winter comes), its use for other purposes, as to form a subjunctive, can produce ambiguity, at least initially: I should get my flu shot if I were you. Furthermore, should seems an affectation to many Americans when used in certain constructions quite common in British English: Had I been informed, I should (American would) have called immediately. I should (American would) really prefer a different arrangement. As with shall and will, most educated native speakers of American English do not follow the textbook rule in making a choice between should and would. See also shall. WNDI 2011 Topicality Its ‘Its’ is possessive English Grammar 5 (Glossary of English Grammar Terms, http://www.usingenglish.com/glossary/possessive-pronoun.html) Mine, yours, his, hers, its, ours, theirs are the possessive pronouns used to substitute a noun and to show possession or ownership. EG. This is your disk and that's mine. (Mine substitutes the word disk and shows that it belongs to me.) WNDI 2011 Topicality Substantially =/= Quantitative Substantially must be given meaning --- contextual uses are key Devinsky 2 (Paul, “Is Claim "Substantially" Definite? Ask Person of Skill in the Art”, IP Update, 5(11), November, http://www.mwe.com/index.cfm/fuseaction/publications.nldetail/object_id/c2c73bdb-9b1a42bf-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 ambiguous, set a high threshold for rejecting Plan Stark 97 (Stephen J., “Key Words And Tricky Phrases: An Analysis Of Patent Drafter's Attempts To Circumvent The Language Of 35 U.S.C.”, Journal of Intellectual Property Law, Fall, 5 J. Intell. Prop. L. 365, Lexis) 1. Ordinary Meaning. First, words in a patent are to be given their ordinary meaning unless otherwise defined. 30 However, what if a particular word has multiple meanings? For example, consider the word "substantial." The Webster dictionary gives eleven different definitions of the word substantial. 31 Additionally, there are another two definitions specifically provided for the adverb "substantially." 32 Thus, the "ordinary meaning" is not clear. The first definition of the word "substantial" given by the Webster's Dictionary is "of ample or considerable amount, quantity, size, etc." 33 Supposing that this is the precise definition that the drafter had in mind when drafting the patent, the meaning of "ample or considerable amount" appears amorphous. This could have one of at least the following interpretations: (1) almost all, (2) more than half, or (3) barely enough to do the job. Therefore, the use of a term, such as "substantial," which WNDI 2011 Topicality usually has a very ambiguous meaning, makes the scope of protection particularly hard to determine. "Substantial" means of real worth or considerable value; this is the usual and customary meaning of the term Words and Phrases 2 (Volume 40A, p. 458) D.S.C. 1966. The word “substantial” within Civil Rights Act providing that a place is a public accommodation if a “substantial” portion of food which is served has moved in commerce must be construed in light of its usual and customary meaning, that is, something of real worth and importance; of considerable value; valuable, something worthwhile as distinguished from something without value or merely nominal “Substantial” means considerable or to a large degree; this common meaning is preferable because the word is not a term of art Arkush 2 (David, JD Candidate – Harvard University, “Preserving "Catalyst" Attorneys' Fees Under the Freedom of Information Act in the Wake of Buckhannon Board and Care Home v. West Virginia Department of Health and Human Resources”, Harvard Civil Rights-Civil Liberties Law Review, Winter, 37 Harv. C.R.-C.L. L. Rev. 131) Plaintiffs should argue that the term "substantially prevail" is not a term of art because if considered a term of art, resort to Black's 7th produces a definition of "prevail" that could be interpreted adversely to plaintiffs. 99 It is commonly accepted that words that are not legal terms of art should be accorded their ordinary, not their legal, meaning, 100 and ordinaryusage dictionaries provide FOIA fee claimants with helpful arguments. The Supreme Court has already found favorable, temporally relevant definitions of the word "substantially" in ordinary dictionaries: "Substantially" suggests "considerable" or "specified to a large degree." See Webster's Third New International Dictionary 2280 (1976) (defining "substantially" as "in a substantial manner" and "substantial" as "considerable in amount, value, or worth" and "being that specified to a large degree or in the main"); see also 17 Oxford English Dictionary 66-67 (2d ed. 1989) ("substantial": "relating to or proceeding from the essence of a thing; essential"; "of ample or considerable amount, quantity or dimensions"). 101 WNDI 2011 Topicality Substantial means “of considerable amount”, not some contrived percentage Prost 4 (Judge – United States Court of Appeals for the Federal Circuit, “Committee For Fairly Traded Venezuelan Cement v. United States”, 6-18, http://www.ll.georgetown.edu/federal/judicial/fed/opinions/04opinions/04-1016.html) The URAA and the SAA neither amend nor refine the language of § 1677(4)(C). In fact, they merely suggest, without disqualifying other alternatives, a “clearly higher/substantial proportion” approach. Indeed, the SAA specifically mentions that no “precise mathematical formula” or “‘benchmark’ proportion” is to be used for a dumping concentration analysis. SAA at 860 (citations omitted); see also Venez. Cement, 279 F. Supp. 2d at 1329-30. Furthermore, as the Court of International Trade noted, the SAA emphasizes that the Commission retains the discretion to determine concentration of imports on a “case-by-case basis.” SAA at 860. Finally, the definition of the word “substantial” undercuts the CFTVC’s argument. The word “substantial” generally means “considerable in amount, value or worth.” Webster’s Third New International Dictionary 2280 (1993). It does not imply a specific number or a cutoff. What may be substantial in one situation may not be in another situation. The very breadth of the term “substantial” undercuts the CFTVC’s argument that Congress spoke clearly in establishing a standard for the Commission’s regional antidumping and countervailing duty analyses. It therefore supports the conclusion that the Commission is owed deference in its interpretation of “substantial proportion.” The Commission clearly embarked on its analysis having been given considerable leeway to interpret a particularly broad term. Substantial means considerable in quantity Merriam-Webster, 2003 (www.m-w.com) Main Entry: sub·stan·tial substantial wage> b : considerable in quantity : significantly great <earned a Substantially means to a great extent or considerably Wordnet, 2003 (Princeton University, version 2.0, http://dictionary.reference.com/browse/substantially) substantially adv 1: to a great extent or degree; "I'm afraid the film was well over budget"; "painting the room white made it seem considerably (or substantially) larger"; "the house has fallen considerably in value"; "the price went up substantially" [syn: well, considerably] 2: in a strong substantial way; "the house was substantially built.” WNDI 2011 Topicality Substantially = Quantitative substantial increase is at least 30% Bryson, 2001, Circuit Judge, US Court of Appeals Federal Circuit 265 F.3d 1371; 2001 U.S. App. LEXIS 20590; 60 U.S.P.Q.2D (BNA) 1272, 9/19, lexis) The term "to increase substantially" in claim 1 of the '705 patent refers to the claimed increase achieved by the invention in the relative productivity of the catalyst used in the Fischer-Tropsch process. The specification defines "substantially increased" catalyst activity or productivity as an increase of at least about 30%, more preferably an increase of about 50%, and still more preferably an increase of about 75%. '705 patent, col. 1, ll. 59-63. Based on that language from the specification, the trial court found, and the parties agree, that the term "to increase substantially" requires an increase of at least about 30% in the relative productivity of the catalyst. Notwithstanding that numerical boundary, the trial court found the phrase "to increase substantially" to be indefinite because the court concluded that there were two possible ways to calculate the increase in productivity, the subtraction method and the division method, and the patent did not make clear which of those ways was used in the claim. substantially is at least 90% Words and Phrases, 2005 (v. 40B, p. 329) N.H. 1949. The word “substantially” as used in provision of Unemployment Compensation Act that experience rating of an employer may be transferred to an employing unit which acquires the organization, trade, or business, or “substantially” all of the assets thereof, is an elastic term which does not include a definite, fixed amount of percentage, and the transfer does not have to be 100 per cent but cannot be less than 90 per cent in the ordinary situation. R.L. c 218, § 6, subd. F, as added by Laws 1945, c.138, § 16. WNDI 2011 Topicality Substantial: Specific Values Substantial is an increase of at least $679 million-empirically proven AAAS ‘2 (Advancing Science, Serving Society,10/16/2002, “House Boosts NASA Request, Adds Earmarks and Outer Planets Missions” http://www.aaas.org/spp/rd/nasa03h.pdf) Two-thirds of the NASA budget, which excludes the Space Shuttle program and its associated costs, is classified as R&D. NASA’s R&D would total $10.9 billion in the House plan, slightly above the Senate allocation, a substantial $697 million or 6.9 percent above FY 2002, and $258 million above the request. Because the Space Shuttle program and other non-R&D programs would decline, the total NASA budget of $15.3 billion would show a smaller increase (up 2.7 percent). (For details of the Senate appropriation for NASA R&D, see the August 6 AAAS R&D Funding Update. For details of the request for NASA, see Chapter 10 of AAAS Report XXVII: R&D FY 2003). A substantial increase is in billions; defined contextually AAAS ‘2 (Advancing Science, Serving Society,10/16/2002, “House Boosts NASA Request, Adds Earmarks and Outer Planets Missions” http://www.aaas.org/spp/rd/nasa03h.pdf) The Science, Aeronautics, and Technology (SAT) account, which funds nearly all of NASA’s R&D not related to the Space Station, would receive $9.1 billion, 13.6 percent or $1.1 billion above the FY 2002 funding level. This substantial increase would go primarily to the Space Science and the Aero-Space Technology Programs, as in the Senate proposal. WNDI 2011 Topicality Increase: Doesn’t Require Pre-existence Increase doesn’t require pre-existence; just requires making something greater. Reinhardt 5 (U.S. Judge for the UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT (Stephen, JASON RAY REYNOLDS; MATTHEW RAUSCH, Plaintiffs-Appellants, v. HARTFORD FINANCIAL SERVICES GROUP, INC.; HARTFORD FIRE INSURANCE COMPANY, DefendantsAppellees., lexis) Specifically, we must decide whether charging a higher price for initial insurance than the insured would otherwise have been charged because of information in a consumer credit report constitutes an "increase in any charge" within the meaning of FCRA. First, we examine the definitions of "increase" and "charge." Hartford Fire contends that, limited to their ordinary definitions, these words apply only when a consumer has previously been charged for insurance and that charge has thereafter been increased by the insurer. The phrase, "has previously been charged," as used by Hartford, refers not only to a rate that the consumer has previously paid for insurance but also to a rate that the consumer has previously been quoted, even if that rate was increased [**23] before the consumer made any payment. Reynolds disagrees, asserting that, under [*1091] the ordinary definition of the term, an increase in a charge also occurs whenever an insurer charges a higher rate than it would otherwise have charged because of any factor--such as adverse credit information, age, or driving record 8 --regardless of whether the customer was previously charged some other rate. According to Reynolds, he was charged an increased rate because of his credit rating when he was compelled to pay a rate higher than the premium rate because he failed to obtain a high insurance score. Thus, he argues, the definitions of "increase" and "charge" encompass the insurance companies' practice. Reynolds is correct. “Increase" means to make something greater. See, e.g., OXFORD ENGLISH DICTIONARY (2d ed. 1989) ("The action, process, or fact of becoming or making greater; augmentation, growth, enlargement, extension."); WEBSTER'S NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed. 1988) (defining "increase" as "growth, enlargement, etc[.]"). "Charge" means the price demanded for goods or services. See, e.g., OXFORD ENGLISH DICTIONARY (2d ed. 1989) ("The price required or demanded for service rendered, or (less usually) for goods supplied."); WEBSTER'S NEW WORLD DICTIONARY OF AMERICAN ENGLISH (3d college ed. 1988) ("The cost or price of an article, service, etc."). Nothing in the definition of these words implies that the term "increase in any charge for" should be limited to cases in which a company raises the rate that an individual has previously been charged. Increase can include an extension of time duration, does not require a renewal of a program Word and Phrases 8 (vol. 20B, p. 265) Me. 1922. Within Workmen’s Compensation Act, § 36, providing for review of any agreement, award, findings, or decree, and that member of Commission may increase, diminish, or discontinue compensation, an “increase” may include an extension of the time of the award. – Graney’s Case, 118 A. 369, 121 Me.500.—Work Comp 2049. WNDI 2011 Topicality WNDI 2011 Topicality Increase: Requires Pre-existence Increase requires making an already existing program greater, a new program is not topical Buckley 6 (Jeremiah, Attorney, Amicus Curiae Brief, Safeco Ins. Co. of America et al v. Charles Burr et al, http://supreme.lp.findlaw.com/supreme_court/briefs/06-84/0684.mer.ami.mica.pdf) First, the court said that the ordinary meaning of the word “increase” is “to make something greater,” which it believed should not “be limited to cases in which a company raises the rate that an individual has previously been charged.” 435 F.3d at 1091. Yet the definition offered by the Ninth Circuit compels the opposite conclusion. Because “increase” means “to make something greater,” there must necessarily have been an existing premium, to which Edo’s actual premium may be compared, to determine whether an “increase” occurred. Congress could have provided that “ad-verse action” in the insurance context means charging an amount greater than the optimal premium, but instead chose to define adverse action in terms of an “increase.” That def-initional choice must be respected, not ignored. See Colautti v. Franklin, 439 U.S. 379, 392-93 n.10 (1979) (“[a] defin-ition which declares what a term ‘means’ . . . excludes any meaning that is not stated”). Next, the Ninth Circuit reasoned that because the Insurance Prong includes the words “existing or applied for,” Congress intended that an “increase in any charge” for insurance must “apply to all insurance transactions – from an initial policy of insurance to a renewal of a long-held policy.” 435 F.3d at 1091. This interpretation reads the words “exist-ing or applied for” in isolation. Other types of adverse action described in the Insurance Prong apply only to situations where a consumer had an existing policy of insurance, such as a “cancellation,” “reduction,” or “change” in insurance. Each of these forms of adverse action presupposes an already-existing policy, and under usual canons of statutory construction the term “increase” also should be construed to apply to increases of an alreadyexisting policy. See Hibbs v. Winn, 542 U.S. 88, 101 (2004) (“a phrase gathers meaning from the words around it”) (citation omitted). Increase requires pre-existence; can’t determine something has been ‘made greater’ without reference to the previous condition Brown 3 (US Federal Judge – District Court of Oregon (Elena Mark and Paul Gustafson, Plaintiffs, v. Valley Insurance Company and Valley Property and Casualty, Defendants, 7-17, Lexis) FCRA does not define the term "increase." The plain and ordinary meaning of the verb "to increase" is to make something greater or larger. 4 Merriam-Webster's [**22] Collegiate Dictionary 589 (10th ed. 1998). The "something" that is increased in the statute is the "charge for any insurance." The plain and common meaning of the noun "charge" is "the price demanded for something." Id. at 192. Thus, the statute plainly means an insurer takes adverse action if the insurer makes greater (i.e., larger) the price demanded for insurance. An insurer cannot "make greater" something that did not exist previously. The statutory definition of adverse action, therefore, clearly anticipates an insurer must have made an initial charge or demand for payment before the insurer can increase that charge. In other words, an insurer cannot increase the charge for insurance unless the insurer previously set and WNDI 2011 Topicality demanded payment of the premium for that insured's insurance [**23] coverage at a lower price. WNDI 2011 Topicality Increase: FX T ‘Increase’ refers to a process, not an outcome; the plan itself must increase exploration and/or development, not simply lead to it HEFC 4 (Higher Education Funding Council, http://www.publications.parliament.uk/pa/jt200304/jtselect/jtchar/1 67/167we98.htm# n43) 9.1 The Draft Bill creates an obligation on the principal regulator to do all that it "reasonably can to meet the compliance objective in relation to the charity".[ 45] The Draft Bill defines the compliance objective as "to increase compliance by the charity trustees with their legal obligations in exercising control and management of the administration of the charity".[ 46] 9.2 Although the word "increase" is used in relation to the functions of a number of statutory bodies,[47] such examples demonstrate that "increase" is used in relation to considerations to be taken into account in the exercise of a function, rather than an objective in itself. 9.3 HEFCE is concerned that an obligation on principal regulators to "increase" compliance per se is unworkable, in so far as it does not adequately define the limits or nature of the statutory duty. Indeed, the obligation could be considered to be ever-increasing. WNDI 2011 Topicality And/Or And/or means one or the other or both Words and Phrases 07 Volume 3A, page 220, 2007 C.A.1 (Mass.) 1981. Words “and/or,” for contract purposes, commonly mean the one or the other or both. Local Division 589 Amalgamated Transit Union, AFL-CIO, CLC v. Com. of Mass., 666 F.2d 618, certiorari denied Local Div. 589, Amalgamated Transit Union AFL-CIO v. Massa¬chusetts, 102 S.C!. 2928, 457 U.S. 1117, 73 L.Ed.2d 1329.-Contracts 159. “And/or” denotes that items joined by it can be taken as alternatives or together Oxford English Dictionary 08 Draft Revision, June, Online Edition, accessed August 1, 2008 f. and/or (also and or): a formula denoting that the items joined by it can be taken either together or as alternatives. Cf. either/or at EITHER adv. 3c. “And/or” has significance in law and policy. It allows the use of both “and” and “or” interchangeably for a group of terms Ballentine’s Law Dictionary 69 3d. ed, 1969, p. 73 In statutes, however, the use of the expression “and/or” has been considered to have a significance, the view being that the intention of the legislature in using the expression is that the word “and” and the word “or” are to be construed as used interchangeably. 50 Am Jurisprudence 1st Statutes. “And/or” has no definite meaning. Ballentine’s Law Dictionary 69 3d. ed, 1969, p. 73 [And/or is] something of a monstrosity in the English language, used by draftsmen out of an over-abundance of caution. So indefinite as to render an administrative order inoperative or unenforceable for lack of certainty. 2 Am Jurisprudence 2d Administrative Law § 462. WNDI 2011 Topicality Topic Specific WNDI 2011 Topicality Space Exploration: 4 Areas 4 areas of space exploration- from US Space Exploration Policy (Vision for Space Exploration 2004): VSE 04 http://www.space.commerce.gov/general/nationalspacepolicy/2004-VSE.pdf The Administrator of the National Aeronautics and Space Administration will be responsible for the plans, programs, and activities required to implement this vision, in coordination with other agencies, as deemed appropriate. The will plan and implement an integrated, long-term robotic and human exploration program structured with measurable milestones and executed on the basis of available resources, accumulated experience, and technology readiness. To implement this vision, the Administrator will conduct the following activities and take other actions as required: A. Exploration Activities in Low Earth Orbit Space Shuttle • Return the Space Shuttle to flight as soon as practical, based on the recommendations of the Columbia Accident Investigation Board; • Administrator Focus use of the Space Shuttle to complete assembly of the International Space Station; and • Retire the Space Shuttle as soon as assembly of the International Space Station International Space Station is completed, planned for the end of this decade ; • Complete assembly of the International Space Station, including the U.S. components that support U.S. space exploration goals and those provided by foreign partners, planned for the end of this decade; Focus U.S. research and use of the International Space Station on supporting space exploration goals, with emphasis on understanding how the space environment affects astronaut health and capabilities and developing countermeasures; and • Conduct International Space Station activities in a manner consistent with U.S. obligations contained in the agreements between the United States and other partners in the B. Space Exploration Beyond Low Earth Orbit The Moon International Space Station. • Undertake lunar exploration activities to enable sustained human and robotic exploration of Mars and more distant destinations in the solar system; • Starting no later than 2008, initiate a series of robotic missions to the Moon to prepare for and support future human exploration activities; • Conduct the first extended human expedition to the lunar surface as early as 2015, but no later than the year 2020; and • Use lunar exploration activities to further science, and to develop and test new approaches, technologies, and systems, including use of lunar and other space resources, to support sustained Mars and Other Destinations human space exploration to Mars and other destinations. • Conduct robotic exploration of Mars to search for evidence of life, to understand the history of the solar system, and to prepare for future human exploration; • Conduct robotic exploration across the solar system for scientific purposes and to support human exploration. In particular, explore Jupiter’s moons, asteroids and other bodies to search for evidence of life, to understand the history of the solar system, and to search for resources; • Conduct advanced telescope searches for Earthlike planets and habitable environments around other stars; • Develop and demonstrate power generation, propulsion, life support, and other key capabilities required to support more distant, more capable, and/or longer duration human and robotic exploration of Mars and other destinations; and • Conduct human expeditions to Mars after acquiring adequate knowledge about the planet using robotic missions and after successfully C. Space Transportation Capabilities Supporting Exploration • Develop a new crew exploration vehicle to provide crew transportation for missions beyond low Earth orbit; demonstrating sustained human exploration missions to the Moon. � Conduct the initial test flight before the end of this decade in order to provide an operational capability to support human exploration missions no later than 2014; • Separate to the maximum practical extent crew from cargo transportation to the International Space Station and for launching exploration missions beyond low Earth orbit; � Acquire cargo transportation as soon as practical and affordable to support missions to and from the International Space Station; and � Acquire crew transportation to and from the International Space Station, as required, after the Space Shuttle is D. International and Commercial Participation • Pursue opportunities for international participation to support U.S. space exploration goals; and • Pursue commercial opportunities for providing transportation and other services supporting the International Space Station and exploration retired from service. missions beyond low Earth orbit. WNDI 2011 Topicality Space Exploration: Only Human Presence Exploration is only human space travel; robotic missions aren’t topical Wright 8 (Edward, Project Manager – Teachers in Space, Former President – X-Rocket, LLC, and Programming Writer – Microsoft Corporation, Comment on “A Move Against ‘Mars Mission Funding’”, Space Politics, 6-28, http://www.spacepolitics.com/2006/06/28/a-move-againstmars-mission-funding/) Unmanned missions are not exploration, they are merely reconnaissance. The dictionary defines exploration as “travel for purposes of discovery.” Sitting in a control room looking at pictures of Mars on a TV set is not exploration because it does not involve travel. Calling unmanned space “exploration” and unmanned probes “spaceships” is just an attempt to co-opt the language. Mark further confuses the issue by defined “space exploration” to mean only missions conducted by NASA, ignoring the fact that the private sector is also working on space exploration. Even if “exploration” can include robots, it must also have a human component Ehrenfreud 10 (P., Space Policy Institute – George Washington University, et al., “Cross-Cultural Management Supporting Global Space Exploration”, Acta Astronautica, 66(1-2), JanuaryFebruary, p. 245) 1 The European Space Agency ESA defines exploration as the ``travel through [and to] an unfamiliar area in order to learn about it'' and space exploration as ``extending access and a sustainable presence for humans in the Earth–Moon–Mars space, including the Lagrangian points and near-Earth objects'' [1]. In this paper we adopt this definition of space exploration to explore robotically and later with humans neighboring planets and small bodies of our solar system. WNDI 2011 Topicality Space exploration is the expansion of human influence in space, includes building capacity for expanding human influence Sabathier 9 (Vincent G., Senior Associate in the Technology and Public Policy Program – Center for Strategic and International Studies, “The Role of NASA 40 Years after the Lunar Landing”, 720, http://csis.org/publication/role-nasa-40-years-after-lunar-landing) Space exploration is the expansion of human influence in space. This definition of exploration is inherently one of capacity building. Human influence in space is a measure of our ability to do useful things beyond the Earth’s surface. In order to do something useful, there has to be some sort of human presence—either humans themselves or their robotic proxies. Once some measure of human influence has been established at some destination in space, there are two ways a space exploration agency can expand that influence. First, the agency can decrease the costs and increase the benefits of human influence at a given location until such influence becomes sufficiently useful that it is economically self-sustaining, at which point continued use of agency resources is unnecessary. Alternately, human influence can be extended to some new place that may in the future become home to some form of self-supporting human influence. The key element is that such a mandate compels each step to build on past accomplishments and lay the groundwork for future missions. WNDI 2011 Topicality Space Exploration: Includes Robotics Space exploration is both human and robotic United States Space Policy, 2010 (Opportunities and challenges, George Abbey and Neal Lane.) Within NASA, science and the human exploration of space should go hand-in-hand. Study of the effects of zero gravity on human physiology is one obvious example of important research that can be done on the space station. Humans in space can be called upon to do things that otherwise would be very difficult, for example the successful repair and upgrade missions to the Hubble Space Telescope. Nonetheless, most planetary and astronomical scientific investigation can be done best through robotic exploration, as proven in the exploration of the surface of Mars. NASA’s recent change in leadership does give cause for encouragement. Michael Griffin, the new NASA Administrator, brings to the position an excellent technical and program management background. He is already giv- ing consideration to reinstituting the Space Shuttle servicing mission to the Hubble telescope and is addressing the need to preclude any gap between the last flight of the Space Shuttle and the availability of a capable and proven new manned spacecraft. He has also recognized the need for a balanced pro- gram that addresses science, exploration, aeronautics, and research. Achieving a balanced program within a limited budget will, however, be a formidable and daunting task. Exploration includes both robotic and human activities Brook 10 (Richard, Consultant – Surrey Satellite Technology, et al., “Space Exploration, A New European Flagship Programme”, Space Advisory Group, 10-10, http://ec.europa.eu/enterprise/newsroom/cf/_getdocument.cfm?doc_id=6195) The relevance of space in the new TFEU should be reflected in space policies and programmes with the appropriate budgets by extending the scope and ambitions of the EU contribution. There are many reasons that justify the need to devote additional EU resources to Space exploration. In this document, the term "space exploration" refers to "the combination of robotic and human activities for the discovery of extra-terrestrial environments that will open up new frontiers for the acquisition of knowledge and peaceful expansion of humankind”. The broad scope of this definition requires that the EU prioritise the proposed activities to be addressed in line with the potential financial envelope and technological capabilities. WNDI 2011 Topicality Limiting “exploration” to only human travel is outdated Lester 9 (Daniel F., Professor of Astronomy – University of Texas, and Michael Robinson, Professor of History – Hillyer College, “Visions of Exploration”, Space Policy, 25(4), November, p. 236) The word ‘‘exploration’’ threads its way through every discussion of human space flight and often headlines national policy statements about the US space agency. Yet this concept, so rooted in our culture, remains remarkably ill-defined. In this paper, we examine various presumptions implicit in the term and its ramifications for federally supported space endeavors. We argue that historical examples of exploration, widely used by policy makers, often make poor models for contemporary space travel. In particular, historical precedents of exploration set up a land-biased view of discovery, a restriction which impedes full expression of the Vision for Space Exploration and its possible scientific returns. These same precedents also set up a view of discovery that is biased toward in situ human presence, a view that modern technology is rendering increasingly absurd. Exploration can be purely robotic Lester, July 5. (Dan, writer for the Space Review, 2011). http://www.thespacereview.com/article/1877/1 In the long debate about human space exploration—how to achieve it, and what it’s for— telerobotics is increasingly important. Can exploration be carried out using “dumb” but sophisticated electromechanical extensions of our dexterity and senses that put humans virtually at a remote site? The virtual presence achieved that way is as “real” as the fidelity with which our dexterity and senses can be electromechanically communicated. For vision and hearing (to the extent the latter is necessary in space), our new technologies can do this relaying, and can easily surpass that of human eyes and ears in doing so. For smell and taste (again, if necessary), sensors are available that can quantitatively distinguish among a large range of substances. Haptic arrays are beginning to allow humans to “feel” things remotely. Precision dexterous manipulators are in regular commercial use. Transcontinental surgery, as we do now remotely, allowing delicate incisions, stitching, and even tying of knots, suggests that telerobotically picking up rocks and turning screwdrivers shouldn’t be that hard. These capabilities are seriously degraded for a human in a spacesuit. So why do we need humans around? Humans are essential to exploration. However, technology has now advanced to the point that we can wonder how much humans have to physically be there to do it. As emphasized by many commentators, the word “exploration” is a slippery one for space. WNDI 2011 Topicality Space Development: includes Research and Development Space development includes R+D and activities to facilitate exploration SDPA 5 (Space Development Promotion Act of the Republic of Korea, Journal of Space Law, 33, 5-31, http://www.spacelaw.olemiss.edu/library/space/Korea/Laws/33jsl175.pdf) Article 2 (Definitions) Definitions of terms used in this Act are as follows: (a) The term “space development” means one of the following: (i) Research and technology development activities related to design, production, launch, operation, etc. of space objects; (ii) Use and exploration of outer space and activities to facilitate them ; (b) The term “space development project” means a project to promote space development or a project to pursue the development of education, technology, information, industry, etc. related to space development; (c) The term “space object” means an object designed and manufactured for use in outer space, including a launch vehicle, a satellite, a space ship and their components; (d) The term “space accident” means an occurrence of damage to life, body or property due to crash, collision or explosion of a space object or other situation; (e) The term “satellite information” means image, voice, sound or data acquired by using a satellite, or in formation made of their combination, including processed or applied information. Space Development contextually refers to R+D, testing, and evaluation Rau 99 (Russell A., Assistant Inspector General, “Earned Value Management at NASA”, Audit Report, 9-30, http://oig.nasa.gov/audits/reports/FY99/pdfs/ig-99-058.pdf) 2 NASA is substituting the word “development” for “research, development, test, and evaluation” in the subsequent version of NPD 9501.3. WNDI 2011 Topicality Beyond Earth’s mesosphere There are different definitions for the boundary of space. National Aeronautics and Space Administration (NASA) uses flight above 80 km to designate individuals as astronauts, while the Fédération Aéronautique Internationale uses the 100 km Karman line as the internationally accepted boundary to space. Beyond this altitude, aerodynamic flight is not possible, and spacecraft must travel faster than orbital velocity to manoeuvre and remain in orbit. Topical action must be in the thermosphere or higher Atmospheric Chemistry Glossary 11 (Sam Houston State University, http://www.shsu.edu/~chm_tgc/Glossary/lmn.html#M) Mesosphere - In the atmosphere, the region immediately above the stratosphere and immediately below the thermosphere. The mesosphere begins about 50 kilometers high at the stratopause and ends about 80 kilometers high at the mesopause. The temperature in the mesosphere decreases sharply with increased altitude. [Journal of the Atmospheric Sciences; v49n24; 2353-2371; 1992.] [Introduction to Meteorology; F.W. Cole; page 7; 1980; John Wiley and Sons New York.] 80 kilometers and above is topical OED 11 (Compact Oxford English Dictionary, “mesosphere”, http://oxforddictionaries.com/definition/mesosphere?view=uk) the region of the earth's atmosphere above the stratosphere and below the thermosphere, between about 50 and 80 km in altitude. Aff’s must explore/develop in the ionosphere or higher Zoom Astronomy Glossary 10 (http://www.enchantedlearning.com/subjects/astronomy/glossary/indexm.sht ml#mesosphere) MESOSPHERE The mesosphere is the atmospheric layer between the stratosphere and the ionosphere. The mesosphere is characterized by temperatures that quickly decrease as height increases. The mesosphere extends from between 31 and 50 miles (17 to 80 kilometers) above the earth's surface. WNDI 2011 Topicality 50 miles or higher Glossary of Air Pollution Terms 10 (http://www.arb.ca.gov/html/gloss.htm#mesosphere) Mesosphere The layer of the Earth's atmosphere above the stratosphere and below the thermosphere. It is between 35 and 60 miles from the Earth. Mesophere is defined by an upper temperature minimum National Weather Service 9 (National Oceanic and Atmospheric Administration National Weather Service Glossary, http://www.nws.noaa.gov/glossary/index.php?letter=m) Mesosphere The atmospheric shell between about 20 km and about 70 to 80 km, extending from the top of the stratosphere (the stratopause) to the upper temperature minimum that defines the mesopause (the base of the thermosphere). WNDI 2011 Topicality Beyond the Earth’s Mesosphere Shell “Beyond” means outside the limits of Collins 9 (Collins English Dictionary Unabridged, “beyond”, http://dictionary.reference.com/browse/beyond) -- prep 1. at or to a point on the other side of; at or to the further side of: beyond those hills there is a river 2. outside the limits or scope of: beyond this country's jurisdiction That means activities must occur above 50 miles from the Earth’s surface WC 11 (Weather Channel – Weather Glossary, “M”, http://www.weather.com/glossary/m.html) MESOSPHERE The layer of the atmosphere located between the stratosphere and the ionosphere, wheretemperatures drop rapidly with increasing height. It extends between 31 and 50 miles (17 to 80 kilometers) above the earth's surface. Violation --- the plan increases [exploration/development] less than 50 miles from the surface Voting issue --1. Limits --- a strict interpretation of “beyond the mesosphere” is the only way to prevent an explosion of Affs that expand research into other areas, like highaltitude testing, non-space rockets, aerospace, etc. --- making research impossible WNDI 2011 Topicality 2. Ground --- the mesosphere is what distinguishes space from Earth’s environment, critically dividing literature relevant to the topic Athena 10 (Upper Atmosphere Wiki, “Mesosphere”, 4-26, http://www.athenaspu.gr/~upperatmosphere/index.php/ Mesosphere) Being the “gateway” that connects Earth’s environment and space, the mesosphere is a region of great importance in energy balance processes and a link in vertical energy transfer, as it is in these layers that great surges of energy meet: solar radiation and particles contribute to downward energy transfer, whereas gravity waves, planetary waves and tides contribute to upward energy transfer from the stratosphere. Thus this region is a boundary layer that determines the temperature and density characteristics of the surrounding layers. In addition, in a time of increased concern about global climate change, the fact that the mesosphere might act as a “canary in a coal mine”, being a sensitive indicator of global temperature change, makes its long-term study an increasingly pressing matter. Finally, the continuous and ever-increasing presence of mankind in space, and the importance of the behavior of this region to multiple issues related to aerospace technology, such as orbital calculations, vehicle re-entry, space debris lifetime etc., make its extensive study a pressing need. Our interpretation is most precise and critical to preserve space-specific links --50 miles is the NASA-defined boundary for space Thirsk 9 (Robert, Canadian Space Agency, et al., “The Space-Flight Environment: the International Space Station and Beyond”, Canadian Medical Association Journal, 180(12), June, http://www.ecmaj.ca/cgi/content/full/180/12/ 1216) WNDI 2011 Topicality Specific Affs WNDI 2011 Topicality Space Exploration: Includes Tourism/Col Space Exploration includes tourism, mining and colonization as necessary components of the overall goals of exploration Weeks, July 8. (Edyth, Professor of International Space Law at Webster University). http://www.bradenton.com/2011/07/08/3333099/webster-university-expert-available.html Even before NASA retired its space shuttle program, government and privately funded efforts have already begun to develop a new deep space exploration program. But who owns space? Private companies are already making plans to profit from it through tourism, mining and development. And who will craft the laws to fairly govern it? Edythe Weeks is an adjunct professor of international space law at Webster University in St. Louis and coordinator of Webster's online international relations program. She is a member of the International Institute of Space Law and researches international outer space policy and development. She believes that space exploration will bring significant economic development, creating more jobs in an exploding industry that will include tourism, mining and colonization. But, she says, it will also create a whole host of international relations issues. "Colonies, for example, will need to figure out which language will be dominant, what kind of government will be used and how ideologies will be formed," says Weeks, who believes the UN's 1967 Outer Space Treaty could even be changed to consider private-property rights in space. Weeks' research and teaching as well as Webster University's long-time graduate program in space systems management has landed the institution in the United Nations directory of institutions offering space law education. WNDI 2011 Topicality Space Exploration: Definition is Fluctuating Space exploration fluctuates according to the goals of existing and possible programs Liptak, July 8. (Andrew, journalist for io9.com, 2011) http://io9.com/5819449/the-era-of-american-space-exploration-is-just-beginning The space shuttle was a compromise in design and function. Within NASA and political circles, a debate raged on as to the purpose of space travel and exploration now that the moon had been reached. With the efforts of the formative missions that made up the Mercury, Gemini and Apollo programs, exploration of Earth and its immediate neighbor came as a priority, with the focus of the successive programs working to demonstrate that humans could indeed reach space, operate successfully in orbit, and successfully land on the Moon and return to the Earth. Space Exploration refers to different programs depending upon the goals established by national space agencies Liptak, July 8. (Andrew, journalist for io9.com, 2011) http://io9.com/5819449/the-era-of-american-space-exploration-is-just-beginning The cancellation of the Apollo program led to a major transformation in the focus of space exploration. For the first time, there was no overall goal; the space race had been defined by a singular, shared focus between the Soviet Union and the United States. That focus had been accomplished, and while there was some interest in going to Mars, the budgetary environment rendered that an impossible dream. America would need to return to space in a way that captured the public's imagination, and did so cheaply. In a recent conference in Washington DC, former NASA historian Steve Dick noted that Apollo exhibited three key elements that helped to make it a successful program, incorporating exploration, discovery and science elements within the missions. The distinctions, he noted, were important because they're used in the rhetoric that is used to describe and to justify the space programs. The space shuttle really contained elements of exploration and discovery, but that science was secondary to the functions of the shuttle – not that scientific experiments weren't conducted aboard the shuttle, but that by design, the shuttle could perform a number of functions. Furthermore, the general public never responds quite as well to science as they do with exploration. Whereas Apollo carried with it all three key elements, the space shuttle itself served mainly as a tool to achieve selective ends. Ultimately, he asserted, the space shuttle never could live up to its full capabilities or potential. Interaction with the public was essential, and was a conscious point when the post-Apollo mission for NASA was put to paper: without general support from the public, interest in the space program would evaporate, quickly. NASA had to produce results and engage the public, and it had to do so cheaply. The American public had become increasingly unhappy with the price tag of America's space ambitions, despite the importance placed upon its success. WNDI 2011 Topicality Space exploration expands in scope according to technological advances AND exploration requires action to develop new means of space travel Liptak, July 8. (Andrew, journalist for io9.com, 2011) http://io9.com/5819449/the-era-of-american-space-exploration-is-just-beginning The nature of the Space Shuttle limited America's space ambitions: an expensive program in and of itself, its existence prevented NASA from capitalizing on the gains achieved by all of the prior spaceflight programs. With the shuttle, spaceflight meant never venturing outside of a Low Earth Orbit: the first Hubble mission represented the limits of the spacecraft at 347 miles above the Earth's surface. By comparison, to reach the moon, astronauts must travel 235,000 miles out and then back again. Plans to shift the focus of US spaceflight from the scientific missions to more exploration based ones have been proposed in the years prior to the retirement of the space shuttle, with the intention to shift - rather than simply replace - the means of space travel from one mission to another. In 2005 testimony from Administrator Griffin, "the CAIB [Columbia Accident Investigation Board] was equally forthright in calling for a national consensus in the establishment of a program having broader strategic goals. The Vision for Space Exploration proposed by the President it that program, and NASA has embraced this new direction. But, to effect these changes, NASA must engage in a major transformation, taking the capabilities throughout the agency and restructuring them to achieve these 21st Century goals." (House Testimony - Find link) The plan, proposed by President Bush, called for dramatic new changes for the agency: new vehicles, crews and missions that sought, amongst other goals, to return to the moon, seeking to return to the major Apollo-style missions of the late 1960s and early 1970s. With the end of the space shuttle program, it's clear that NASA is facing a period of transition, much as they had during the 1970s, between the Apollo program and the Space Shuttle program: an entire seven years lapsed before America was able to send men into space again under their own power, although at that point, a followup program had been in the works. Using historical/dated definitions is counterproductive and arbitrarily overlimiting http://www.theengineer.co.uk/sectors/aerospace/news/grant-to-ready-plasma-thrusterengine-for-spaceflight/1009280.article Historical exploration doesn’t pertain well to modern space exploration, as those historical explorers didn’t have communication, recording, and telerobotic tools that are now widely available. Early generations of explorers had to “be there” physically to “be there” functionally and cognitively. Space scientists have a long history of accomplishment with robotic probes, which swoop through the solar system, down on planets, asteroids, and moons. But the Mars Exploration Rovers (MERs) set a new standard for robotic command of a complex, obstacleridden environment. Human space explorers in Pasadena could drive for miles across Martian dunes, around boulders, onto hilltops, into craters, and peer closely at rock formations. Living on “Mars time”, with a 24.7-hour day, the controllers of Spirit and Opportunity found themselves deeply immersed not just in the science but in the discovery process. WNDI 2011 Topicality Space Exploration: Includes Study of the Earth and Energy Sources Space Exploration incorporates the study of Earth and related Earth sciences, not just outward-looking Liptak, July 8. (Andrew, journalist for io9.com, 2011) http://io9.com/5819449/the-era-of-american-space-exploration-is-just-beginning The report's conclusions were that NASA needed a system that was cheap, reusable and flexible: it had to hold to a number of diverse missions, shuttling astronauts to and from orbit. As NASA's budget began to fall from 1966 onwards, the Apollo program was scrapped after Apollo 17 – the only mission to be crewed by a scientist, geologist Harrison Schmidt. NASA planners shifted the prepared components of the final three missions and looked to a new mission: science in Low Earth Orbit. Skylab was born, designed for zero-gravity experimentation. It was the beginning of a new mission for NASA, one that looked not to the Moon, but back down to Earth. However, new options were looked at. Concepts for a space plane, predating the Apollo program, were looked at, focusing on a reusable design that was thought to be cheaper. In 1969, the Nixon administration pushed forward with the development of the Space Shuttle program: during Apollo 17, astronauts on the moon (including John Young, who would pilot the first shuttle mission), learned that funding had been approved. WNDI 2011 Topicality Space Exploration: includes R and D for new Transportation Space exploration includes the research and development of new transportation mechanisms The Engineer, July 6 2011. http://www.theengineer.co.uk/sectors/aerospace/news/grant-to-ready-plasma-thrusterengine-for-spaceflight/1009280.article Engineers at the Australian National University (ANU) have won a A$3.1m (£2.063m) grant from the Australian federal government to make a plasma thruster engine ready for spaceflight. If successful, the engine could be used in satellites and deep-space missions as soon as 2013. Project leader Prof Rod Boswell, from the Plasma Research Laboratory, said the engine will be based on his colleague Prof Christine Charles’ Helicon Double Layer Thruster (HDLT) design. ’Plasma thruster engines are set to be the future of all space exploration and satellite activities. They are much less powerful than conventional chemical rocket engines, but in principle are more efficient for long periods of time, making them ideal for deep-space missions,’ said Boswell. The grant won by Boswell and his colleagues in the Plasma Research Laboratory will also help build a space simulation facility at ANU. Based at Mt Stromlo Observatory in Canberra, the space simulation facility will enable the HDLT to be tested in space-like conditions. The facility will also be made available to other scientists, astronomers and industry bodies seeking to develop space equipment. The grant to ANU forms part of a $6.1m investment in space research and education announced last month by Australian innovation minister Kim Carr. Includes energy research and investment Washington Post, July 4. (Christian Torres, staff writer, 2011). http://www.washingtonpost.com/national/health-science/space-station-research-ramps-up-asshuttles-return-to-earth/2011/06/28/gHQA6hG6xH_story.html The United States shall develop and use space nuclear power systems where such systems safely enable or significantly enhance space exploration or operational capabilities. Approval by the President or his designee shall be required to launch and use United States Government spacecraft utilizing nuclear power systems either with a potential for criticality or above a minimum threshold of radioactivity, in accordance with the existing interagency review process . To inform this decision, the Secretary of Energy shall conduct a nuclear safety analysis for evaluation by an ad hoc Interagency Nuclear Safety Review Panel that will evaluate the risks associated with launch and in-space operations WNDI 2011 Topicality Space Exploration: Includes Study of Human Life Space exploration includes the study of human life potential in space Washington Post, July 4. (Christian Torres, staff writer, 2011). http://www.washingtonpost.com/national/health-science/space-station-research-ramps-up-asshuttles-return-to-earth/2011/06/28/gHQA6hG6xH_story.html After Atlantis returns to Earth this month, NASA’s space shuttles will no longer take Americans into space, but that doesn’t mean the end of an American presence in orbit. The international space station, expected to operate through 2020, will house at least one American astronaut at all times. “We’re certainly going to continue using the station to advance our mission of space exploration,” said Mark Uhran, NASA’s assistant associate administrator for the space station program. While the station — a joint venture of the United States, Russia, Europe, Japan and Canada — is not yet complete 13 years after its first components were launched into orbit, assembly of the U.S. portion was finished during the final few shuttle missions. That portion includes facilities for NASA’s continued research on human physiology and space technology. It also includes a new national laboratory that will be overseen by a nonprofit entity to be selected by the end of September. The lab will house projects by companies, universities and government agencies. The National Institutes of Health, for example, will conduct research on immune cell function, the Defense Department will study solar cells for satellites and biotech company Astrogenetix will investigate vaccines. Many groups have already been conducting research on the station, but, Uhran says, “all of this is ramping up now that assembly is coming to a close.” In that respect, the end of the shuttle program marks a welcome milestone for the station’s scientific goals. Space exploration can be for the purpose of studying Earth and the general application to Earth sciences like geography or Asteroid defense Socyberty 9/14/08 The Benefits of Space Exploration http://socyberty.com/future/the-benefits-of-space-exploration/ The last argument is what I believe is the most important in terms of safety and survival, is the use of space exploration to combat the danger of foreign objects that can collide with the earth. When someone studies the geographical history of the planet, it is not too long before they encounter the formations and scientific evidence that throughout its evolution, the earth has been hit by asteroids that were the cause of global destruction and mass change, the likes of which no one could ever imagine . There are some that believe that the end of the Dinosaurs were attributed to a large object, such as an asteroid, which sailed into the direction of the earth’s orbit, crashed into it, and thus caused great natural disasters such as earthquakes, tsunamis, continental drifts, volcanic eruptions, and other anomalies that destroyed most life and its natural habitats throughout the world. In the Institute of Astronomy at the University of Hawaii, they explain asteroids as “objects, collectively known as Near Earth Objects or NEOs, still pose a danger to Earth today. WNDI 2011 Topicality Depending on the size of the impacting object, such a collision can cause massive damage on local to global scales. There is no doubt that sometime in the future Earth will suffer another cosmic impact; the only question is “when?” There is strong scientific evidence that cosmic collisions have played a major role in the mass extinctions documented in Earth’s fossil record.” (Institute for Astronomy 2005) The information continues on to say that “search programs have discovered hundreds of thousands of main-belt asteroids, and have identified thousands of NEOs. They have made great progress toward meeting the Congressional mandate and have cataloged most, but not all, of the 1-km and larger NEOs — the ones that are most likely to produce a global catastrophe, such as a mass extinction should they collide with Earth.” (Institute for Astronomy 2005) It doesn’t take much more than a good size object the size of an SUV to form a large rift in the earth’s crust to make earthquakes and tidal waves, comparable to the tsunami that killed thousands in Thailand three years ago. Space exploration, with the help of satellite technology and the further construction of better space craft, can not only plot ones that may strike the earth, but they can get at those very objects and prevent them from colliding with the planet. One missed object unseen, can devastate the entire world and cause mass causalities beyond any man-made weapon could ever hope to cause. WNDI 2011 Topicality Preliminary research qualifies as exploration Hall-ranking member of the House Science and Technology Committee-7/14/09 http://thehill.com/special-reports/technology-july-2009/50201-numerous-benefits-of-spaceexploration Numerous benefits of space exploration Forty years ago the world watched in wonder as American astronauts blazed through Earth’s atmosphere into outer space and landed on the moon, the first time in history that humans set foot on another celestial body. But today, with the economy floundering and the national debt soaring into the stratosphere, some may suggest that we simply cannot afford to sustain human space exploration. I would argue just the opposite. Anyone who follows NASA knows that President Obama recently launched an independent review of planned U.S. human spaceflight activities. The blue ribbon panel, headed by Norman Augustine, retired chairman and chief executive officer of Lockheed Martin, and my friend, is expected to release its findings in August. I am confident that Norm will not sugarcoat the panel’s findings, and I am also optimistic that the panel will promote an ambitious goal for manned space exploration. America’s space and technological preeminence in the world hangs in the balance. Throughout its 40-year history, our space program has set goals that required innovation and technology yet to be developed, and the results have been astonishing. Miniaturized integrated circuits, satellite technology, GPS navigation systems, bone-density measurements, miniaturized heart pumps and other technologies derived from NASA research and development have saved and improved our lives. New spin-offs include water filtration systems that turn wastewater into drinkable water, wireless light switches, remediation solutions for sites contaminated by chemicals, the development of Liquidmetal and sensors on reconnaissance robots used in Afghanistan and Iraq to deal with improvised explosive devices. The list goes on and on. The National Research Council recently released a report advocating that NASA align its civil space program with national needs. While I understand the temptation to focus on finding solutions to present problems, we need to remember that much of the R&D conducted by NASA has resulted in unintended yet beneficial breakthroughs. Space exploration drives innovation by reaching into the unknown and overcoming complex problems. This sort of problem-solving inherently pushes the limits of technology. Space exploration fundamentally necessitates basic research. If we try to task NASA with too narrow a mission for R&D, we lose the possibility of new discoveries and breakthroughs to adapt technologies in new and creative ways that could have unanticipated applications. Rather than micromanage the type of research we want from our space program, I would prefer a clear goal for U.S. space exploration. NASA must have a challenging, inspirational goal that is ambitious and sufficiently funded. President Bush gave NASA the direction it needed with his Vision for Space Exploration, which included a plan to complete the International Space Station (ISS), retire the Space Shuttle, and develop a new launch system capable of traveling outside low Earth orbit, with a goal of returning to the moon by 2020 as a stepping stone to more difficult destinations such as Mars. This was a goal that Congress endorsed in the NASA Authorization Act of both 2005 and 2008, which were subsequently signed into law. Our space program has accomplished many great feats in the last half-century and it is only prudent to implement and fund a vision that builds on that progress. America and our global partners have nearly completed the ISS, which is possibly the most elaborate engineering endeavor of all time. Unfortunately, with an impending five-year gap in WNDI 2011 Topicality U.S. spaceflight capability following retirement of the Space Shuttle, we will have to rely on Russia and our international partners to ferry crew and cargo to and from the ISS. This is a setback for our space program but one that can be overcome with a renewed commitment to space exploration. I strongly believe that we must close the gap in U.S. access to space and it is my hope that the Augustine panel comes to a similar conclusion. NASA has made great progress in developing the Orion vehicle and the Ares launch systems. Constellation is already in the development phase, so to abandon this plan now would be a massive waste of time, money and resources. The one-half of one percent of the national budget devoted to NASA may be the best investment we make, providing for long-term, high-dividend research, and technology breakthroughs. Economic growth is driven by technological innovation, and space exploration fuels this innovation. WNDI 2011 Topicality Exploration includes Satellites New satellites and surveillance qualify (also beyond the mesosphere) Socyberty 9/14/08 (The Benefits of Space Exploration) http://socyberty.com/future/the-benefits-of-space-exploration/ The fourth argument I would like to refer to are those who prescribe to the uselessness of space exploration is its actual benefits towards world hunger. Today, we are constantly bombarded with pictures and stories of food shortages and starvation from third world countries that are often plagued by natural disasters and poor farming techniques. This is one of the chief elements that are often brought up when there is a discussion about the value of space exploration. In Dr. Ernst Stuhlinger’s paper on Space Exploration: Why Explore Space?, he illustrates an example of its benefit by saying “large areas of land could be utilized far well if efficient methods of watershed control, fertilizer use, weather forecasting, fertility assessment, plantation programming, field selection, planting habits, timing of cultivation, crop survey and harvest planning were applied. The best tool for the improvement of all these functions, undoubtedly, is the artificial earth satellite. Circling the globe at a high altitude, it can screen wide areas of land within a short time; it can observe and measure a large variety of factors indicating the status and conditions of crops, soil, droughts, rainfall, snow cover, etc., and it can radio this information to ground stations for appropriate use.”( Stuhlinger 1996) In this report, satellite technology from space can not only forcast current weather patterns, but it can also be used to monitor crops and predict conditions for later farming plans. WNDI 2011 Topicality Mars is Space Exploration Space Exploration includes missions to Mars Parabolic Arc 4/15/10 http://www.parabolicarc.com/2010/04/15/space-exploration-coalitionobamas-space-goals-distant-unclear/ COALITION FOR SPACE EXPLORATION PRESS RELEASE The Coalition for Space Exploration (Coalition) recognizes today’s Space Conference in Florida as an important step in the continuing discussion on the future of America’s global leadership in space exploration. The Coalition believes human space exploration is a national imperative that calls for a To successfully forge the industry and international partnerships necessary for future space exploration missions, America must have robust, sustained support from its elected officials and the public. This cannot be achieved, when goals are distant and unclear . The focused strategy with a more aggressive timetable and milestones to drive the development of capabilities, in support of its missions. President’s announcement, today, that NASA will undertake the development of a heavy-lift vehicle for deep space missions to specific destinations, including asteroids and Mars, provides some clarity to the future direction of space exploration, planned by the Administration. We commend the President’s efforts to help mitigate some of the job losses associated with the retirement of the Space Shuttle program and restructuring of Constellation. This highly skilled workforce is essential to the sustainment of our nation’s preeminence in space, economic, and national security and While the steps outlined by President Obama are encouraging, many key issues and concerns remain with regard to the transition from the current programs to the proposed new exploration agenda and the impact that it will have on our nation’s space industrial base and global leadership. Delaying a decision until 2015 on the design of a heavy-lift vehicle, the establishment of its first human exploration mission for no earlier than 2025, as a precursor to a Mars expedition in 2030, threatens to sacrifice a generation of experience and expertise in our nation’s human space flight workforce. Continuing development of a variant of the Orion spacecraft is good news, in that it will reduce dependence on Russian spacecraft for International Space Station (ISS) crew escape and take advantage of existing assets and investments, but it by no means fully addresses the issue of independent, assured American access to space. There remain questions as to whether the proposal to rely solely on commercial providers to send American astronauts to the ISS is premature and threatens to extend indefinitely our reliance on other nations. In the final analysis, the U.S. human spaceflight program is a national imperative, not only a commercial interest. global competitiveness. The erosion of this skill base would seriously affect the nation’s industrial base and national security strategies.