Michael Eisenstadt, Ph.D.

Director of Forensics, California State University Long Beach

13th Year Judging College Debate | 18th Year Judging High School Debate

2014 CEDA Pacific Region Critic of the Year | 2018 "Top Critic Award" at the Las Vegas Classic (UNLV) | 2019 CEDA Pacific Region Critic of the Year

For questions of any kind, please e-mail me at: michael.eisenstadt@csulb.edu

Tournaments Judged This Season (2022-2023):

Updated 9-17-19

***I would like to be on the e-mail chain (m.stadt89@gmail.com, not my Tabroom e-mail).***

I will not necessarily read along with your speeches, but I would like to have evidence in the case that particular cards are disputed in cross-x and/or to make reading them after the debate concludes quicker.

This judge philosophy is just that, a philosophy. I think I have become more ambivalent to what your argument is over the years and more concerned with how you argue it. My job is to evaluate the arguments made in a debate, your job is to tell me why and how I should vote for them. Therefore, I think the following information is more helpful for you than me telling you what arguments I "like." This is your debate and not mine. Every day is #GAMEDAY and I will work hard when judging your debate, the same way I appreciated those who worked hard to judge my own.

An important meta-theoretical note: I believe in a 'healthy diet' of persuasion. I perceive there to be a serious problem with communication in competitive debate. Debates are won by important communicative moments (see below). Whether they are fast, slow, passionate, or hilarious, they must happen. I believe Will Repko has called these "Moments of Connection." Reading into your computer screen with no emphasis or clarity would make having such a moment extraordinarily difficult.

Debate is a communicative activity. This means that to win an argument a) I have to understand it and b) I have to hear it clearly enough to know it was there. At the end of the round, if we have a disagreement about something, usually a failure to achieve those requirements will be my explanation. Reading directly into your computer during your speeches and/or making no attempt at eye contact drastically heightens the risk of a miscommunication.

I am deeply concerned about the trend of evidence quality in debate. Teams seem to frequently read evidence that either fails to make a warranted claim OR that is highlighted down into oblivion. I think that a team who reads fewer, better (read: warranted) cards and sets the bar high for their opponents has a much better chance of winning their nexus/framing arguments.

Debate is what you make it. For some, debate is a game of verbal chess that is designed to teach them about institutional policy-making. For others, it is a place to develop community and advocacy skills for the problems and issues they face on an everyday basis whether at school, within debate, or elsewhere. I believe that one of the best things about this activity is that it can accomplish so many different things for so many individuals and it serves a variety of purposes. I think either or any of these approaches teach us the transferable skills debate can offer. No matter the arguments presented in a debate, I will always recognize this and will always support you for what you do. Over the years I have found myself voting fairly evenly for and against "framework" arguments because I will evaluate the arguments made in the debate itself. My ballot will never be an endorsement of one form of debate over another, it will very simply represent who I thought did the better debating.

Framework. In 1984, Dr. David Zarefsky famously argued, "the person who can set the terms of the debate has the power to win it." Generally, the 2NR that goes for "Topicality + Case D to Aff Impact Turns" is more likely to win in front of me than the 2NR who only goes for "State Good/Inevitable," though that is typically suitable defense on the case when the affirmative criticizes governmental action. The negative wins in front of me going for this 2NR strategy most often when it includes some combination of the following 3 arguments:

1. An interpretation supported by definitional evidence (that is ideally contextual to the topic). I am uncertain why negative interpretations like "direction of the topic" circumvents affirmative offense. These softer interpretations typically hurt the negative's ability to win the limits DA without much payoff. I have found that negative teams have a more uphill battle in front of me when the only term in the resolution they have defined is "United States Federal Government."

2. A Topical Version of the Aff and/or Switch Side Debate argument - I think of "framework" as the intersection between Topicality and argument(s) about how I prioritize impacts, which impacts should be prioritized, and what the best strategy for dealing with those impacts is. So, having a "counterplan" that plays defense to and/or solves portions of the case (and/or the impact turns) can be a good way to beat the affirmative. I find myself voting affirmative in debates where the 2NR did not address the affirmative's substantive offense (so, you did not respond to internal links to impact turns, address impact priority arguments, etc.). I also think this sets the negative up to make arguments about potential neg ground as well as a switch-side debate argument.

3. An impact - I have voted on procedural and structural fairness, topic education, and argument advocacy/testing impacts. Ideally, the 2NR will be careful to identify why these impacts access/outweigh the affirmative's offense and/or solve it. I think that debate is generally more valuable for "argument testing" than "truth testing," since the vast majority of arguments made in a debate rely on assumptions that "the plan/aff happens" or "the alternative/framework resolves a link."

Conversely, the affirmative should point out and capitalize on the absence of these arguments.

Presumption: This is a legal term that I think folks are often confused about. Presumption means that the affirmative has not met their burden of proof (sufficient evidence for change) and that I should err negative and be skeptical of change. Although a 2NR should try to avoid finding themselves with no offense, I am increasingly compelled by arguments that an affirmative who has not chosen to defend a(n) change/outcome (note: this does not mean a plan) has not met their burden of proof. For instance, an affirmative that says "the State is always bad" but does not offer some alternative to it has not overcome the presumption that shifting away from "the State" would be inherently risky. Of course, a framework argument about what it means to vote affirmative, or whether the role of the debate is to advocate for/against change factors into how I think about these issues.

Flowing: is a dying art. Regardless of whether I am instructed to or not, I will record all of the arguments on a flow. You should flow too. Reading along with speech docs does not constitute flowing. I am frustrated by teams who spend an entire cross-x asking which cards were read and requesting a speech doc with fewer cards. In the days of paper debate (I am a dinosaur to the teens of 2020), you would not have such a luxury. There are clearly instances where this is not uncalled for, but the majority of cases appear to be flowing issues, and not "card dumps" from an opposing team.

Permutations: I am almost never persuaded by the argument that the affirmative does not get a permutation in a "method debate." Permutations are mathematical combinations and all methods are permutations of theories and methods that preceded it. I could [rather easily] be persuaded that if the affirmative has no stable advocacy or plan, then they should not get a permutation. That is a different case and has a different warrant (affirmative conditionality). "Perm do the aff" is not an argument, it is not a permutation and says nothing about how a counterplan or alternative competes with the aff. I have also found that teams seem to have difficulty in defending the theoretical legitimacy of permutations. Although I would have an astronomically high threshold for voting on an argument like "severance permutations are a voting issue," such arguments could be persuasive reasons to reject a permutation.

Risk: I find that I am mostly on the "1% risk" side of things when a team has [good] evidence to support a claim. However, I can also be easily persuaded there is a "0% risk" if a team has made too much of a logical leap between their evidence and their claim, especially if the opposing team has also indicted their opponent's evidence and compared it to their own. This is especially true of "Link->Internal Link" questions for advantages and disadvantages.

Tech and Truth: If all arguments were equal in a debate, I would err on the side of truth. However, that is rarely (and should not be) the case. When there is not a clear attempt by both teams to engage in line-by-line refutation, one team tends to miss important framing arguments their opponents are making that undercut the "impact" of their truth claims. This understanding is distinct from "they dropped an arg, judge, so it must be true," since that is not a warranted extension of an argument nor is it a comparison that tells me why the "dropped argument" (how do we know it was dropped if we aren't debating line-by-line and making these comparisons? Could an argument somewhere else or on an entirely different sheet answer it?) should affect the way I evaluate other portions of the debate.

Other important notes:

A) I will vote for the team who I found to do the better debating. This means if your framing argument is "your ballot is political because _______" and I vote for you, my ballot is NOT necessarily an endorsement of that politics. Rather, it means you won your impact prioritization and did the better debating, nothing more, nothing less.

B) I do not want to preside over accusations about what has or has not happened outside of the debate I am judging. In these situations, I will always defer to the arguments presented in a debate first and try to resolve the debate in that fashion, since I am often not witness to the events that are brought up about what may or may not have happened prior to a debate.

C) I am ambivalent about argument selection and theory and am willing to vote against my own convictions. E.G. I think the Delay CP is 100% cheating and unfair but I will not credit a 2AR on that position that does not defeat the negative's arguments about why the CP is good/legitimate or I think conditionality is generally good but would still vote that it is bad if the negative is unable to defend their 1NC strategy.

D) I am unwilling to "judge kick" a CP extended by the 2NR unless they have explicitly told me why I should. The affirmative should, of course, contest the claim that I can always revert to the status quo in the event that a counterplan is insufficient/unnecessary.

Juan Garcia-Lugo

UT-San Antonio

They/Them

jgl.debate@gmail.com

Yes, I want to be on the email chain. I don't follow along with speech documents, but I will usually read most of the cards (I'm curious!).

If an argument is complete, I will evaluate it. While my judging and coaching experience heavily leans towards the critical side of debate, I prefer you read something that you are passionate about and are prepared to debate. Tech and Truth both matter. A conceded argument is a true argument but the significance of that argument is still up for debate. There are many ways to do debate, and when two different styles are present, framing arguments are important for establishing argument priorities. I default to the framing arguments presented and won by the debaters. Otherwise, look below for some of the ways I think about arguments.

Kritiks

I understand most K theory through the use of examples, please provide and debate them. I find presumption strategies against K aff's unpersuasive if the affirmative can articulate and defend a form of action. I find them more persuasive against K aff's that are describing a theory of power. K's that don't defend an alternative are fine, but often necessitate strong framework arguments or decisively won offense against the affirmative.

Framework

I'm usually concerned with "what makes debate a valuable activity?". The idea of a fair game for its own sake is less persuasive to me than the idea of a fair game being necessary for producing valuable education. Quality evidence on framework goes a very long way for me. I don't like evidence that comes from debate textbooks and manuals, but will vote on them.

Theory

Have an interpretation and defend it. I prefer that interpretation not be arbitrary (we get 2 conditional arguments v 3 conditional arguments). When it comes to offense, less is more. Winning 2 big arguments for why process counterplans are good is better than your 8th argument about "best policy option". This is also the only part of debate I strongly stress slowing down on. The impact to most theory arguments is to reject the argument not the team (conditionality is exceptional).

A quick guide to getting good speaker points:

-get to the point, and be clear about it
-"extinction" or "nuclear war" is not a tag
-a well explained, logical, argument trumps an unexplained argument merely extended by it's "card name"
-Ks need alts- i have a low threshold for voting aff when the neg is kicking their alt and going for a framework argument 
-cross x is a speech-i figure it in as a substantial factor in speaker points


Here is an explanation of how I evaluate debates at a meta-level:

While I think there is value in the offense/defense framework for evaluation, for me to vote on offense there has to be substantive risk. Second, quality trumps quantity.

Also, "extinction" is not a tag line. I don't even like tag lines like "causes nuclear war." I need complete sentences, with claims and warrants.

Where does the evidence come from? there are not enough debaters talking about the quality of research their opponents are quoting.

Get to the point. On any given controversy in debate, there are relatively few arguments at play. Get to the core issues quickly. Point out the central logical/argumentative problems with a given position. I am much more compelled by a speaker’s ability to take the 2-3 core problems with their opponent’s position and use those fallacies to answer all of the other team’s advances. It shows you have a grip on the central issue and you understand how that issue is inescapable regardless of your opponent’s answer

Calling for cards: I will do this, but I don’t like to read every card in the debate. If you opponent is making well explained arguments you should be very wary of just saying “extend our smith evidence”.

Theory/topicality:

Arbitrary interpretations are one of the worst trends in debate right now. If your interpretation of debate theory is wholly arbitrary and made up it doesn’t seem very useful for me to uphold it as some new norm and reject the other team.

Conditionality is good, it would take a very decisive aff victory with a very tangible impact (in policy debate). 

While I'm fine with conditionality, I am persuaded by other theoretical objections (multi actor fiat, uniform fiat without a solvency advocate, etc). I also think that a theory argument that combines objections (conditional multi actor CPs) could be a reason to reject the team.

My personal belief is that the negative can only fiat the agent of the resolution, and that competition based off the ‘certainty’ of the plan (consult/conditions) is not productive. This does NOT mean I have an incredibly low threshold in voting aff on agent/actor cps bad, but it does make my threshold lower than most. To win these theory debates on the aff, see above point about cutting to the core 2-3 issues.

On topicality-you need tangible impacts. You’re asking me to drop a team because they made debate too unfair for you. “limits good” is not an impact. “They unlimit the topic by justifying x types of affs that we cannot hope to prepare for” is an impact. There must be a very coherent connection between neg interpretation, violations, and standards in the 2nr.

Counterplans: I spoke above about my theoretical beliefs on counterplans. I think counterplans should be textually and functionally competitive. I am sometimes persuaded that purely functional competition (normal means/process counterplans) should probably not be evaluated. If you’re aff and theory-savvy, don’t be afraid to go for theoretical reasons the process cp goes away.

Floating Pics/Word PICs- I’m great for the aff on these. I believe that every position has theoretical reasons behind it related to education and competitive equity. The aff counterinterpretation of “you can run your K/word K as a K without the CP part” generally solves every pedagogical benefit of those positions-this means the aff just needs to win that competitively these positions are bad for the aff, and it outweighs any ‘educational benefit’ to word/floating pics. I'm persuaded by those arguments, making it an uphill battle for the neg if the aff can explain tangible impacts to the competitive disadvantage the PIC puts them in.

Politics:

The story must matchup. I will vote on such non-offensive arguments like: your uq and link evidence don’t assume the same group of politicians, you have no internal link, passage of that bill is inevitable, Trump has no PC etc. Of course I don’t vote on these in isolation-once again, refer back to my meta-approach to debate-you need to explain why that core defensive argument trumps everything else the neg is saying.


Ks:

I’m generally not compelled by framework as a voter against a Neg K-I think all Ks have a gateway/framing issue that is much easier and more logical for the aff to attack. For example, if the neg reads an epistemology K you are much more likely to win reading a card that says “consequences outweigh epistemology” or “epistemology focus bad” than you are to win that the other team is cheating because of their K. Focus on answering the gateway issue so that you can leverage your aff against the K and get the decision calculus of the debate back in your favor. Subsequently for the neg the issue of ‘framing’ is also very important.

That being said, I don't like Ks that are just framework arguments. Ks should have alternatives that actually resolve link arguments. I'm not going to weigh a K impact against the aff if the K can't resolve it.

In the 2ac, don’t make a bunch of perms you have no hope of winning unless they are conceded. Perm do the alt is not a perm. Make 1 or 2 permutations and EXPLAIN IN THE 2AC how the permutation overcomes neg links/risks of the impact.


Ks are a great example of the “there are only 2-3 arguments” theory I subscribe to. If you’re debating a 1 off team, it’s much better for me if you don’t read 40 cards in the 2ac with as many different caveats as possible. Instead, read a good number of argument but take the time to explain them. What part of the K do they refute? How do these arguments change the calculus of the round? When you do this I put much more pressure on the neg block to get in depth with their explanations, which I find usually helps the aff.

K affs:

T > Framework. Given that most impact turns to T come from pedagogical reasons, you need to prove that your interpretation provides space for the ‘good education’ the aff thinks is key to stop genocide/war/racism/turkeys. Topical version of your aff is compelling, as well as giving other examples of topical action that prove the aff could have accepted the parameters of the resolution and gained the same educational benefits. Then it’s just a matter of proving that competitively the K aff hurts the neg. Also, prove how your competitive equity impacts implicate their education impacts.

Case debate:

These are great. Impact defense is kinda meh unless it's real specific. Solvency and internal link answers are where it's at. Make alt causes great again!

Disadvantages:

It’s all about probability-magnitude is ok but only when you’re discussing it in terms of “our impact causes yours”. Extinction outweighs is trite because by the end of the debate all impacts are extinction or nuclear wars that easily result in another impact in the debate that has been claimed as extinction (nuke war hurts the environment, aff said that causes extinction). Probability is key. Establishing risk is where it’s at. A higher risk trumps a higher magnitude in most instances.

Cross Examination: it’s a speech, I grade it like a speech. Be funny if you can. Base the cross x on core issues in the debate, and base it on quality of evidence and establishing risk/threshold for various arguments.

Debate at Kansas State from Treaties (2001) – Courts (2006), Coached at Kansas State on Middle East (2007) & Agriculture (2008), Coached at University of Wisconsin Oshkosh for Weapons (2009) & Immigration (2010). I was at Johnson County Community College from Middle East (2011) to Space (2020).

I'd like to be on the e-mail chain- debatelearningdotcom@gmail.com (just copy and past that exact e-mail)

If I leave the room, please send the e-mail. It will signal I need to come back to the room. People should just not open the doc until I get back.

My litmus test for what I can vote for is solely based upon the ability to take what you said while debating and regurgitate it back to the other team as a reason why they lost.

I believe the most important part of debate is impacts. If left with no argumentation about impacts or how to evaluate them I will generally default to look for the biggest impact presented. I appreciate debate that engages in what the biggest impact means, and/or if probability and timeframe are more important. This does not simply mean “policy impacts”, it means any argument that has a link and impact. You could easily win that the language used in the round has an impact, and matters more than the impacts of plan passage. All framing questions concerning what comes first have impacts to them, and therefore need to be justified. The point is, whether you are running a Kritik, or are more policy based, there are impacts to the assumptions held, and the way you engage in politics (plan passage governmental politics, or personal politics). Those impacts need to be evaluated

I also prefer that teams explain their arguments so that a macro level of the argument is explained (Meaning a cohesive story about the uniqueness, link, or link and alternative are also necessary). This means piecing together arguments across flows and explaining how they interact with one another. My threshold for the possibility for me to vote on your argument is determined by whether or not I can explain why the other team lost.

Policy arguments are fine by me.

Quirks with Counterplans- I think consultation and conditions are more cheating, than not cheating, but up for debate. I think conditionality can get out of hand. When conditionality does get out of hand it should be capitalized by the affirmative as justification to do equally shady/cheating things and/or be a justification to vote against a team, again up for debate.

Kritiks- I enjoy Kritiks. Be aware of my threshold for being able to explain to the other team why they lost. This means it is always safer to assume I’ve never read your literature base and have no idea what you are talking about. The best way to ensure that I’m understanding your argument is to explain them with a situations that will exemplify your theory AND to apply those situations and theories to the affirmative.

Framework- I will evaluate framework in an offense defense paradigm. Solely impacting or impact turning framework will rarely win you the debate. You will need offense & defense to win framework debates in front of me. Its an issue that I believe should be debated out and the impact calculus on the framework debate should determine who I vote for. When aff I believe that framework is a non starter. Defending the assumptions of the affirmative is a much more persuasive argument. For the negative, a lot of the discussion will revovle around the topical version of the aff and/or why doing it on the neg is best and solves all the affirmatives offense. I don't generally feel as though framework should be THE option against critical teams.

Framework on the negative for me is also can have and act like a counter advocacy that the problems isolated by the affirmative can be helped by engaging the state. Topical version help prove how engaging the state can create better and meaningful changes in the world. There should also be historical and/or carded explanations as to why engaging the state can help with the problems of the 1ac.

One other caveat about framework. I do not believe that affirmatives must provide a counter interpretation. The affirmative has not forwarded a way to debate in the 1ac, therefore it is the burden of the negative to explain their version of debate and why it's good. This allows affs to just impact turn framework as presumption has flipped in this instance.

With that said, framework is the last pure debate. I very rarely see the better team not win. It's been too hashed out for many if any gotcha moments

I rarely judge. I do actively coach.

Debate is a game and an educational activity. It ought to be fair, but there are other considerations as well.

CX - great place to earn speaker points. Its the time that you get to interact with the other team. Make it count.

I like quality evidence that is explained well much more than 30 cards with shallow explanation.

Theory: I tend to lean neg on theory, but can be persuaded. Most theory arguments are presumed to be a voiding of the argument about which the theory argument is run. Usually only conditionality/dispo are voters. I am not a fan of stupid theory/cheap shots. Perm do the alt is not an argument - it is a reason to vote for the alt.
I don't understand the trend to have arbitrary interpretations on theory, like conditionality. 2>3, 4>5, those seem really stupid. I can't imagine how that could solve any tangible impact. If conditionality is good, it is good.

Topicality: It should have an impact, and it should be coherent and well-explained. The interpretation should not be arbitrary. Ink does not a winning T argument make...

Impact calculus: I am not a big fan of the counterplan plus "any risk." Win a net benefit. There is "any risk" of just about everythiing. Sure, I use offense/defense, just like everyone (i suspect), but I believe that there exists a point when there is either a zero risk or a risk that is indistinguishable from randomness. In a similar vein, I tend to think that probability of the impact is weighted highly vs magnitude. Don't just read an extinction card and expect the round to be over. Not all extinctions are the same...

Lots of judges say they will listen to about everything. One time someone said they got a 3nr, then they actually stood up and gave one, and then the aff stood up and gave a 3ar. I was on a panel. I signed my ballot after the 2ar...so I won't listen to everything. (by the way, the two other judges waited until after the 3ar...be careful, its a jungle out there.)

Framework: Better on the neg than the aff.

Flowing: I try to do it.