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-Text: The United States federal government should maintain qualified immunity and |
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-1. Be more conscientious about evaluating issues against the relevant precedent in a way that embraces the methodology and true holding of that precedent |
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-2. More often conduct a prong-one analysis to define the right implicated in the issues of a given case. Wagner 14: |
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-Robin B. Wagner 14, JD candidate at DePaul College of Law, “Are Gay Rights Clearly Established?: The Problems with the Qualified Immunity Doctrine”, 63 DePaul L. Rev. 869 (2014) Available at: http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1029andcontext=law-review |
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-In three cases of government |
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-AND |
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-right implicated in the issues of a given case. |
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- |
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-It competes – the counterplan doesn’t limit QI but modifies current QI procedure which is conceptually distinct – the gutcheck is if someone read this as an aff, it would lose to T-Limit |
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-First plank prevents abuse of precedent and ensures accurate holding to prior precedent – status quo QI procedures are plagued with Courts unwilling to engage with the hard task of evaluating precedent – CP solves that. Wagner 14: |
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-Robin B. Wagner 14, JD candidate at DePaul College of Law, “Are Gay Rights Clearly Established?: The Problems with the Qualified Immunity Doctrine”, 63 DePaul L. Rev. 869 (2014) Available at: http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1029andcontext=law-review |
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-Conscientious evaluation of presented issues against existing precedent |
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-AND |
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-clearly established right in play. |
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- |
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-Second plank requires courts to more thoroughly examine allegations of constitutional rights – that ensures more cases remain active, encourages settlements, prevents undermining previous precedent, and sets a model for future decisions that more clearly establishes future rights. Wagner 14: |
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-Robin B. Wagner 14, JD candidate at DePaul College of Law, “Are Gay Rights Clearly Established?: The Problems with the Qualified Immunity Doctrine”, 63 DePaul L. Rev. 869 (2014) Available at: http://via.library.depaul.edu/cgi/viewcontent.cgi?article=1029andcontext=law-review |
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-The key to avoiding such negative outcomes |
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-AND |
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-indeed violated an individual’s clearly established right. |