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-=1NR Court Clog= |
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-====Judiciary is intact now but we're on the brink—courts are clogged at historic levels.==== |
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-**Bannon '13** (Alicia Bannon serves as counsel for the Brennan Center's Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center's Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal. "Testimony: More Judges Needed in Federal Courts," Brennan Center, 9/13, http://www.brennancenter.org/analysis/testimony-federal-courts-need-more-judges) OS |
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-While the current high level of judicial vacancies partially explains this high per-judge |
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-2013, so as to ensure the continued vitality of our federal courts. |
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-====Qualified immunity avoids court clog—it removes frivolous lawsuits against law enforcement officers before deliberation occurs, reducing the burden==== |
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-**Callahan 16** (Mike Callahan, Served in law enforcement for 44 years, appointed as a Special Agent with the United States Naval Criminal Investigative Service, 4/29/16, "Protecting cops from frivolous lawsuits: Qualified immunity, explained", https://web.archive.org/web/20161201124728/https://www.policeone.com/legal/articles/176707006-Protecting-cops-from-frivolous-lawsuits-Qualified-immunity-explained/) |
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-The United States Supreme Court has demonstrated remarkable understanding of the very difficult and dangerous |
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-qualified immunity defense and use it to successfully defend their police officer clients. |
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-==2 Scenarios== |
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-===Scenario 1=== |
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-====Clogged courts stall US economy—specifically, disincentives like QI solve==== |
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-**Post 11 (**Ashely; InsideCounsel as managing editor ,"Frivolous lawsuits clogging U.S. courts, stalling economic growth", www.insidecounsel.com/2011/07/22/frivolous-lawsuits-clogging-us-courts-stalling-eco?page=1-5, July 22, 2011)//ADS |
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-Americans' litigiousness and thirst for massive damages has been a boon to the legal profession |
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-AND |
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-It would be unlikely that he would veto the bill," Schwartz says. |
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-====Economic decline causes war and miscalculation ==== |
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-**Royal 10** — Jedidiah Royal, Director of Cooperative Threat Reduction at the U.S. Department of Defense, M.Phil. Candidate at the University of New South Wales, 2010 ("Economic Integration, Economic Signalling and the Problem of Economic Crises," Economics of War and Peace: Economic, Legal and Political Perspectives, Edited by Ben Goldsmith and Jurgen Brauer, Published by Emerald Group Publishing, ISBN 0857240048, p. 213-215) |
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-Less intuitive is how periods of economic decline may increase the likelihood of external conflict |
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-such, the view presented here should be considered ancillary to those views. |
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-===Scenario 2=== |
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-====Federal court clog collapses the federal judiciary– decimates Supreme Court and rule of law==== |
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-**Oakley 96** (John B.; Distinguished Professor of Law Emeritus US Davis School of Law, 1996 The Myth of Cost-Free Jurisdictional Reallocation)//ADS |
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-Personal effects: The hidden costs of greater workloads. The hallmark of federal justice |
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-would raise the most serious questions of the future course of the nation. |
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-====Global democracy is predicated off of US judicial legitimacy ==== |
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-**Zoccola '06 **(Barbara; President of the Memphis Bar Association, "Voters hold the key for judicial fairness" July 23, The Commercial Appeal)//ADS |
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-It matters because the health of our American democracy depends on impartial judges who apply |
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-AND |
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-and only 64 percent correctly identified the meaning of "checks and balances" |
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-====Consolidation solves WMD conflict ==== |
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-**Halperin 11 **(Morton H.; Senior Advisor – Open Society Institute and Senior Vice President of the Center for American Progress, "Unconventional Wisdom – Democracy is Still Worth Fighting For", Foreign Policy, http://foreignpolicy.com/2011/01/03/unconventional-wisdom, JANUARY 3, 2011)//ADS |
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-As the United States struggles to wind down two wars and recover from a humbling |
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-AND |
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-Nor should we doubt that America would be more secure if they succeed. |