Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[10]
  • Caselist.CitesClass[7]

Details

Caselist.RoundClass[10]

EntryDate

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1		-2016-11-06 16:12:16.209
	1	+2016-11-06 16:12:16.0

Caselist.CitesClass[7]

Cites

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	1	+==1AC==
	2	+
	3	+
	4	+===Part One is Framework===
	5	+
	6	+
	7	+====As students participating in political debates we must put disability at the center of our discussion– this is central to change the way that disability is represented and conceived. Thus the role of the ballot is to vote for the debater that provides the best liberation method for the oppressed. The role of the judge is to endorse the best disability scholarship.====
	8	+**Bérubé 03** (Michael, Paterno Family Professor in Literature at Pennsylvania State University, "Citizenship and Disability", Spring)
	9	+It is striking, nonetheless, that so few leftists have understood disability in these
	10	+AND
	11	+, which is to say, for the good of all of us.
	12	+
	13	+
	14	+===Part Two is Inherency===
	15	+
	16	+
	17	+**====Courts currently allow qualified immunity, even when police violate the rights of disabled people under the Americans with Disabilities Act. This ensures that cannot get reparations for civil rights violations under the ADA.====**
	18	+**Auner 16** ~~Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.~~
	19	+To succeed in a section 1983 claim, the plaintiff must prove that someone acting
	20	+AND
	21	+local governments, rendering the barriers of qualified and municipal immunity inapplicable.79
	22	+
	23	+
	24	+====And, qualified immunity isn't even a legitimate legal defense currently under the ADA - it is an ableist obfuscation of the law.====
	25	+**Gildin 99** ~~Gary S. "Dis-qualified Immunity for Discrimination against the Disabled." U. Ill. L. Rev. (1999): 897.~~
	26	+The courts that have allowed a qualified immunity defense to be erected by government officials
	27	+AND
	28	+immunity defense that Congress did not intend for actions under the Acts. 19
	29	+
	30	+
	31	+===Part Three is the Plan===
	32	+
	33	+
	34	+====Resolved: The Supreme Court of the United States should limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case.====
	35	+**Auner 16** ~~Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.~~
	36	+Excessive force claims stemming from the Fourth Amendment and section 1983 of the Civil Rights
	37	+AND
	38	+incentivize proper police training and provide uniform federal protections for the mentally ill.
	39	+
	40	+
	41	+**====They continue====**
	42	+The Ninth Circuit's approach to the ADA's applicability to arrest situations in Sheehan should be a model for all circuits. Holding the ADA applicable to arrest situations furthers the ADA's objectives and forces law enforcement agencies to implement improved training programs. Training programs implemented by police departments in order to comply with the ADA will likely lead to increased safety among those with mental illnesses. Thus, the Supreme Court has a duty to ensure that a mentally ill person living within in the Fifth Circuit is subject to the same federal protections as a mentally ill person living within the Ninth Circuit. In addition to making the federal law uniform, it is the right thing to do for the mentally ill.
	43	+
	44	+
	45	+===Advantage One: Police Brutality===
	46	+
	47	+
	48	+**====Police killings of the disabled result from and in turn justify the ableist foundations of the state.====**
	49	+**Mack 16** – 1-6, Tracy, "Legitimizing police violence: sanism, ableism and racism" http://www.socialist.ca/node/2978
	50	+January 6, 2016 A fundamental aspect of Canada's creation, which also consistently maintains
	51	+AND
	52	+relies on and reproduces, and the capitalism system that police violence serves.
	53	+
	54	+
	55	+====Second, the nature of the ADA means that no compensation is possible with the existence of qualified immunity.====
	56	+**Gildin 99** ~~Gary S. "Dis-qualified Immunity for Discrimination against the Disabled." U. Ill. L. Rev. (1999): 897.~~
	57	+The legislative instruction that the Acts be broadly construed to afford relief to victims of
	58	+AND
	59	+is wholly inapplicable to actions for damages brought under the disability discrimination statutes.
	60	+
	61	+
	62	+====The threat of lawsuit under the ADA has empirically resulted in inclusion and a decrease in discrimination – more litigation is key.====
	63	+**Auner 16** ~~Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.~~
	64	+When courts deem the ADA applicable to specific situations, public and private entities typically
	65	+AND
	66	+more importantly, will tangibly improve the safety of the mentally ill. 104
	67	+
	68	+
	69	+====And, Police departments already have specifically trained officers-the plan just forces them to use their CIT's====
	70	+**Auner 16** ~~Thomas J. "For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests." Loyola of Los Angeles Law Review 49.1 (2016): 335.~~
	71	+However, even while facing seemingly insurmountable obstacles, police departments can implement successful programs
	72	+AND
	73	+fewer mentally ill people where treatment is the better course of action.121
	74	+
	75	+
	76	+===Advantage Two: Able-normativity===
	77	+
	78	+
	79	+====Society's desire for an ontological security facilitated a regime of ableism that MARGINALIZES and CONSTRAINS discussion about disability-in order to attain security, disability is projected onto anyone deemed physically unqualified, threatening, or abnormal.====
	80	+**Campbell 5** ~~Fiona Kumari Senior Lecturer in Disability Studies at the School of Human Services and Social Work Griffith University (Brisbane) and Adjunct Professor in Disability Studies, Faculty of Medicine, University of Kelaniya, Sri Lanka, Legislating Disability Negative Ontologies and the Government of Legal Identities, Foucault and the Government of Disability, 108-133~~ *gender modified
	81	+A system of thought . . . is founded on a series of acts of
	82	+AND
	83	+the same time, in an identical newness, in an unavoidable duality.
	84	+
	85	+
	86	+====This produces disability as disqualifying defect – the view that disability is a sign of a lesser quality being – that results in VIOLENCE and SPILLS OVER to other forms of oppression====
	87	+**Siebers** **09** ~~Tobin, Co-Chair of the Initiative on Disability Studies and Professor of English at the University of Michigan, October 28, "The Aesthetics of Human Disqualification, pg. 3-10/AKG~~
	88	+Disqualification as a symbolic process removes individuals from the ranks of quality human beings,
	89	+AND
	90	+represents at this moment in time the final frontier of justifiable human inferiority.
	91	+
	92	+
	93	+====The 1AC is a criticism of liberal modernity—-we perform guerrilla approach to disability studies by making a radical demand and flipping the tables on the biomedical state-this challenges the idea of the abled liberal subject.====
	94	+**Campbell 5** (Fiona Kumari Senior Lecturer in Disability Studies at the School of Human Services and Social Work Griffith University (Brisbane) and Adjunct Professor in Disability Studies, Faculty of Medicine, University of Kelaniya, Sri Lanka, Legislating Disability Negative Ontologies and the Government of Legal Identities, Foucault and the Government of Disability, 108-133) *gender modified to avoid your shenaniganz
	95	+In order for the notion of "ableness" to exist and to transmogrify into
	96	+AND
	97	+ctions) elevated to indisputable truth-claims and rendered viable in law.

EntryDate

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	1	+2016-11-06 16:12:18.225

Judge

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	1	+Panel

Opponent

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	1	+Valley TG

ParentRound

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	1	+10

Round

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	1	+2

Team

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	1	+Apple Valley Boals Aff

Title

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	1	+NovDec-ADA 1AC

Tournament

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	1	+Minneapple RR