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-The standard is mitigating structural violence. |
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-Structural violence is based in moral exclusion, which is fundamentally flawed because exclusion is not based on dessert but rather on arbitrarily perceived differences. |
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-Winter and Leighton 99 |Deborah DuNann Winter and Dana C. Leighton. Winter|Psychologist that specializes in Social Psych, Counseling Psych, Historical and Contemporary Issues, Peace Psychology. Leighton: PhD graduate student in the Psychology Department at the University of Arkansas. Knowledgable in the fields of social psychology, peace psychology, and justice and intergroup responses to transgressions of justice “Peace, conflict, and violence: Peace psychology in the 21st century.” Pg 4-5 ghs//VA |
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-Finally, to recognize ....building lasting peace. |
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-Day to day lives of people should be valued above all other impacts |
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-Dr. Tommy J. Curry The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century. 2014 |
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-Despite the pronouncement ...contemporary moral parameters. |
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-Thus the plan: The Supreme Court should eliminate uncertainty about what is “clearly established” by publishing opinions that clarify QI for police officers and also beginning to hear cases challenging immunity granted by lower courts. This is key to increasing accountability and serves as an immediate starting point for future reforms. |
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-Stefan 16. Lindsey D. Stefan. (J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey) "“No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" (2017). Law School Student Scholarship. Seton Hall University. Paper 850. |
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-VI. Amending Qualified ...citizen police relationship. |
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-Advantage 1: Stops Abuse from Police |
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-The Police Are abusing the rights of others, we need to stop supporting the police for this |
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-Byas, Jason. "It's Time to Get Rid of the Cops - Students For Liberty ..." Students for Liberty. N.p., 11 Sept. 2014. Web. 25 Oct. 2016. |
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-t least 400 people...represent to the public. |
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-Recent qualified immunity decisions set a precedent for future unpunished police brutality. |
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-TABITHA 15 |
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- Tabitha Johnson, Law Clerk at Hagar and Phillips, PLLC, “Qualified Immunity or Justified Brutality?: An Examination of the Qualified Immunity Doctrine in Peterson v. Knopp,” Tennessee Journal of Race, Gender, and Social Justice Vol. 4, 2015. |
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-Despite its arrival ...police brutality cases. |
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-The elimination of the good faith element means qualified immunity is too similar to absolute immunity |
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-BENDLIN 12 |
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-. Susan Bendlin, Assistant Professor at Barry University School of Law, “Qualified Immunity: Protecting “All but the Plainly Incompetent” (And Maybe Some of Them, Too),” John Marshall Law Review, Vol. 45, 2012. |
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-Modern qualified immunity ...nature of the right at issue. |
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-Advantage2: Make QI more Clear |
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-There is no clarity over what the concept of a “clearly” established right means. |
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- Lindsey de Stefan, JD Candidate, Seton Hall University School of Law, “No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct,” Seton Hall Law Student Scholarship, 2017. |
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-But perhaps somewhat ...it has been presented. |
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-The objectively reasonable standard distorts constitutional law. |
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-Diana Hassel, Associate Professor, Roger Williams University School of Law, “Living a Lie: The Cost of Qualified Immunity,” Missouri Law Review Vol. 64, 1999. |
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-The objectively reasonable ...exclude meritorious claims. 26 |
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-Impact : Current QI doctrine and the “clearly established” prong means officers are protected when they fail to act in responding to domestic violence cases |
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-Harper 90. Harper, Laura. S. (Cornell Law Review) Battered Women Suing Police For Failure To Intervene: Viable Legal Avenues After Deshaney V. Winnebago County Department Of Social Services 1990 |
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-Should a battered woman plaintiff ....for the deprivation of their constitutional rights. |
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-Failure to act results in the death of victims |
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-AELE 8. 2008 (7) AELE Monthly Law Journal. 101 Civil Liability Law Section – July, 2008 |
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-See also, Staley v. Grady....property from the premises. |
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