| ... |
... |
@@ -1,0
+1,128 @@ |
|
1 |
+===framework=== |
|
2 |
+ |
|
3 |
+ |
|
4 |
+====The role of the ballot is to endorse the advocacy that best combats structural violence—debate must deal with the concrete reality of oppression.==== |
|
5 |
+**Curry '14 **(Dr. Tommy J. Curry, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014, FT) |
|
6 |
+Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real |
|
7 |
+AND |
|
8 |
+used to currently justify the living wages in under our contemporary moral parameters. |
|
9 |
+ |
|
10 |
+ |
|
11 |
+====This outweighs—learning moral philosophy ironically makes us immoral.==== |
|
12 |
+**Posner 98** |
|
13 |
+The Problematics of Moral and Legal Theory, Richard A. Posner ~~Chief Judge, United States Court of Appeals for the Seventh Circuit; University of Chicago Law School.~~, Harvard Law Review, Vol. 111, No. 7 (May, 1998), pp. 1637-1717 |
|
14 |
+The better read you are in philosophy or literature, and the more imaginative and |
|
15 |
+AND |
|
16 |
+people are naturally good and do bad things only out of ignorance.97 |
|
17 |
+ |
|
18 |
+ |
|
19 |
+====Debates should work backwards from a vision of the future. Incrementalism defines culture – otherwise, we continue to cede social ontology to the right. This entails visualizing a future that is a paradigm shift away from anti-black violence. ==== |
|
20 |
+**Connolly 08** Connolly, William E. Capitalism and christianity, American style. Duke University Press, 2008. (a political theorist known for his work on democracy and pluralism. He is the Krieger-Eisenhower Professor of Political Science at Johns Hopkins University. His 1974 work The Terms of Political Discourse won the 1999 Benjamin Lippincott Award) |
|
21 |
+I concur with the John of the Book of Revelation in one respect. It |
|
22 |
+AND |
|
23 |
+life, or wholly determined by other forces, still don't get it. |
|
24 |
+ |
|
25 |
+ |
|
26 |
+====Future narratives are a link—predictions are not value neutral— their link conflation and hyperboles obscure violence and preserves the squo – hold them responsible. ==== |
|
27 |
+**Jackson '12:** (Richard, **Director of the National Centre for Peace and Conflict Studies**, the University of Otago. Former. Professor of International Politics at Aberystwyth University, "The Great Con of National Security," 8/5/12 http://richardjacksonterrorismblog.wordpress.com/2012/08/05/the-great-con-of-national-security/) |
|
28 |
+It may have once been the case that being attacked by another country was a |
|
29 |
+AND |
|
30 |
+terrorism. Somehow, we need to challenge the politicians on this fact. |
|
31 |
+ |
|
32 |
+ |
|
33 |
+====State engagement is good.==== |
|
34 |
+**Coverstone 5 **~~MBA (Alan, Acting on Activism) |
|
35 |
+An important concern emerges when Mitchell describes reflexive fiat as a contest strategy capable of |
|
36 |
+AND |
|
37 |
+that is a fundamental cause of voter and participatory abstention in America today. |
|
38 |
+ |
|
39 |
+ |
|
40 |
+====Abandoning policy discussion for epistemological questioning freezes action—it's intellectual elitism. Focus on material harms.==== |
|
41 |
+**Jarvis 2k** ~~Darryl Jarvis (Director of the Research Institute for International Risk and Lecturer in International Relations, The University of Sydney) 2000 "International relations and the challenge of postmodernism" p. 128-9~~ |
|
42 |
+More is the pity that such irrational and obviously abstruse debate should so occupy us |
|
43 |
+AND |
|
44 |
+than those foolish enough to be scholastically excited by abstract and recondite debate? |
|
45 |
+ |
|
46 |
+ |
|
47 |
+===advantage=== |
|
48 |
+ |
|
49 |
+ |
|
50 |
+**====The United States is a warzone—police murder thousands of black people a year—it's try or die.====** |
|
51 |
+**Wong '15** (Kathleen is a branded content staff writer at Mic, "10 Police Brutality Statistics That Are Absolutely Shocking," Mic, 12/9, https://mic.com/articles/129981/10-police-brutality-statistics-that-are-absolutely-shocking~~#.HiJcAd5rQ) OS bracketed for efficiency |
|
52 |
+1. In May, the Washington Post analyzed the 385 fatal police shootings in |
|
53 |
+AND |
|
54 |
+by police will surpass 1,000 by the end of the year. |
|
55 |
+ |
|
56 |
+ |
|
57 |
+====Plan solves—==== |
|
58 |
+ |
|
59 |
+ |
|
60 |
+====Scenario 1 is litigation.==== |
|
61 |
+ |
|
62 |
+ |
|
63 |
+====Plan ensures civilian recourse for rights violations—qualified immunity now is a vicious cycle—it requires incredibly clear legal precedent while also allowing judges to not set any precedents on constitutional rights. Plan solves.==== |
|
64 |
+**Wright '15** (Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government. "Want to Fight Police Misconduct? Reform Qualified Immunity," 11/3, Above The Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/) OS |
|
65 |
+As usual, I've not buried the lede: that something is qualified immunity reform |
|
66 |
+AND |
|
67 |
+show that that conduct's illegality has already been clearly established in the courts? |
|
68 |
+ |
|
69 |
+ |
|
70 |
+====This is a positive double bind—either payouts meaningfully benefit communities or drawn-out lawsuits compel structural change—empirics prove.==== |
|
71 |
+**Feuer 8/16 **(Alan, NYT, "In Police Misconduct Lawsuits, Potent Incentives Point to a Payout," 2016, http://www.nytimes.com/2016/08/17/nyregion/police-misconduct-lawsuit-settlements.html?_r=1andregister=google) OS |
|
72 |
+In many police misconduct cases, the victims and their families are people of limited |
|
73 |
+AND |
|
74 |
+that has the luxury of refusing that money to make a bigger point." |
|
75 |
+ |
|
76 |
+ |
|
77 |
+====Lawsuits deter brutality.==== |
|
78 |
+**Gilles '01** (Mirriam, Assistant Professor, Cardozo Law School, "In Defense of making Government Pay: The Deterrent Effect of Constitutional Tort Remedies," Georgia Law Review, Vol. 35, 2001.) OS bracketed for gender |
|
79 |
+The question of whether constitutional tort remedies serve any deterrent effect is, I think |
|
80 |
+AND |
|
81 |
+the knowledge that a suspect might sue for damages has no inhibitory effect. |
|
82 |
+ |
|
83 |
+ |
|
84 |
+====Specifically, QI prevents ableism discrimination lawsuits.==== |
|
85 |
+**Gildin 99** |
|
86 |
+Gildin, Gary S. (Professor of Law, The Dickinson School of Law of the Pennsylvania State University.) "Dis-Qualified Immunity for Discrimination against the Disabled." University of Illinois Law Review 1999.3 (1999): 897-948. ~~Premier~~ |
|
87 |
+The legislative instruction that the Acts be broadly construed to afford relief to victims of |
|
88 |
+AND |
|
89 |
+Acts, the defense must not be made available to those who discriminate. |
|
90 |
+ |
|
91 |
+ |
|
92 |
+====Scenario 2 is legal restructuring.==== |
|
93 |
+ |
|
94 |
+ |
|
95 |
+====Qualified immunity sustains legalized tinkering—it locks us into the status quo and crushes rallies for broader change, obscures concrete experience, and ignores racialized impacts in favor of whitewashed intent.==== |
|
96 |
+**Hassel '99** (Diana, Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New Jersey Newark. Assistant United States Attorney, Southern District of New York, 1988-93. "Living a Lie: The Cost of Qualified Immunity," Missouri Law Review Vol. 64 I. 1 Winter 1999 Article 9, http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr) OS |
|
97 |
+Current qualified immunity doctrine serves as a means to diffuse conflict. Without a clear |
|
98 |
+AND |
|
99 |
+, make a better system more difficult to imagine and thus to create. |
|
100 |
+ |
|
101 |
+ |
|
102 |
+====This replaces genuine policy analysis with immunity-speak—judges can bend vague standards to rule however they want and literally let cops get away with murder. Legal hyper-specificity prevents categorical change.==== |
|
103 |
+**Hassel '99** (Diana, Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New Jersey Newark. Assistant United States Attorney, Southern District of New York, 1988-93. "Living a Lie: The Cost of Qualified Immunity," Missouri Law Review Vol. 64 I. 1 Winter 1999 Article 9, http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr) OS |
|
104 |
+In Part 11, I analyze the internal structure of the qualified immunity defense both |
|
105 |
+AND |
|
106 |
+, the decisions articulate a particularized decision regarding a defendant's entitlement to immunity. |
|
107 |
+ |
|
108 |
+ |
|
109 |
+====Thus the plan: Resolved: The Supreme Court of the United States ought to limit qualified immunity for police officers by removing the "clearly established" standard for qualified immunity.==== |
|
110 |
+ |
|
111 |
+ |
|
112 |
+====Case outweighs turns:==== |
|
113 |
+ |
|
114 |
+ |
|
115 |
+====I impact turn deterrence—successful police operations just put more blacks behind bars (if they don't murder them first).==== |
|
116 |
+**Collins-Chobanian 09** |
|
117 |
+Shari, phd in philosophy, prof @ ASU, "Analysis of Paul Butler's Race-Based Jury Nullification and His Call to Black Jurors and the African American Community" Journal of Back Studies 39.4, 2009 |
|
118 |
+Americans ages 18 to 35 were under the jurisdiction of the criminal jus-tice |
|
119 |
+AND |
|
120 |
+recent drug case makes clear the depth and breadth of racism and profiling. |
|
121 |
+ |
|
122 |
+ |
|
123 |
+====Police legitimacy turns crime.==== |
|
124 |
+**OJP 16** |
|
125 |
+Office of Justice Programs (Agency of the Department of Justice). "Race, Trust and Police Legitimacy." National Institute of Justice. 14 July 2016. http://www.nij.gov/topics/law-enforcement/legitimacy/pages/welcome.aspx ~~Premier~~ |
|
126 |
+Research consistently shows that minorities are more likely than whites to view law enforcement with |
|
127 |
+AND |
|
128 |
+of trust and confidence of the people they serve while controlling crime effectively. |