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+===Framework=== |
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+ |
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+====The role of the ballot is to endorse the post-fiat advocacy that best combats structural violence—debate must deal with the concrete reality of oppression.==== |
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+**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) |
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+Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real |
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+AND |
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+used to currently justify the living wages in under our contemporary moral parameters. |
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+ |
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+ |
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+===Plan=== |
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+ |
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+ |
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+====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.==== |
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+ |
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+ |
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+===Advantage 1 is Policing=== |
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+ |
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+ |
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+**====The United States is a warzone—police murder thousands of black people a year—it's try or die.====** |
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+**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 |
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+1. In May, the Washington Post analyzed the 385 fatal police shootings in |
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+AND |
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+by police will surpass 1,000 by the end of the year. |
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+ |
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+ |
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+====Plan solves—==== |
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+ |
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+ |
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+====Scenario 1 is litigation.==== |
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+ |
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+ |
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+====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.==== |
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+**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 |
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+As usual, I've not buried the lede: that something is qualified immunity reform |
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+AND |
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+show that that conduct's illegality has already been clearly established in the courts? |
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+ |
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+ |
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+====This is a positive double bind—either payouts meaningfully benefit communities or drawn-out lawsuits compel structural change—empirics prove.==== |
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+**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 |
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+In many police misconduct cases, the victims and their families are people of limited |
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+AND |
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+that has the luxury of refusing that money to make a bigger point." |
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+ |
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+ |
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+====Lawsuits deter brutality.==== |
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+**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 |
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+The question of whether constitutional tort remedies serve any deterrent effect is, I think |
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+AND |
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+the knowledge that a suspect might sue for damages has no inhibitory effect. |
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+ |
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+ |
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+====Scenario 2 is legal restructuring.==== |
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+ |
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+ |
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+====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.==== |
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+**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 |
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+Current qualified immunity doctrine serves as a means to diffuse conflict. Without a clear |
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+AND |
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+, make a better system more difficult to imagine and thus to create. |
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+ |
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+ |
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+====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.==== |
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+**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 |
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+In Part 11, I analyze the internal structure of the qualified immunity defense both |
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+AND |
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+, the decisions articulate a particularized decision regarding a defendant's entitlement to immunity. |
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+ |
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+ |
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+===Advantage 2 is Drones=== |
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+ |
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+ |
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+====Aff brings lawsuits against police – spills over to national security==== |
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+**Brooks 13** |
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+Brooks, Rosa (2013), pf @ Georgetown Law, "The Trickle-Down War," Yale Law and Policy Review: Vol. 32: Iss. 2, Article 8. Available at: http://digitalcommons.law.yale.edu/ylpr/vol32/iss2/8 ~~Premier~~ |
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+In this brief Essay, I have focused on policing, the state secrets privilege |
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+AND |
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+giving rise to these cases and ordinary civil litigation will increasingly blur. 9 |
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+ |
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+ |
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+====Suits against government officers will deter drones.==== |
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+**Vladeck 13 **Stephen I. Vladeck 13, Professor of Law and Associate Dean for Scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, and fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School, Feb 27 2013, "DRONES AND THE WAR ON TERROR: WHEN CAN THE U.S.TARGET ALLEGED AMERICAN TERRORISTS OVERSEAS?" Hearing Before the House Committee on the Judiciary, http://www.lawfareblog.com/wp-content/uploads/2013/02/Vladeck-02272013.pdf |
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+At first blush, it may seem like many of these issues would be equally |
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+AND |
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+the restrictions that fence in even the most disinterested assertion of authority." 29 |
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+ |
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+ |
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+====Drone strikes are racist—the aff's criticism of targeted killing policy is crucial to highlighting the violence upon black and brown bodies all ACROSS THE GLOBE.==== |
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+**West 13** (Cornel, teacher at Union Theological Seminary, former pf at Princeton, Harvard, radio host, author) "Cornel West: Obama's Response to Trayvon Martin Case Belies Failure to Challenge "New Jim Crow" 7-22-13 democracynow.org/2013/7/22/cornel_west_obamas_response_to_trayvon |
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+AMY GOODMAN: In the aftermath of the Zimmerman verdict and the mass protests around |
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+AND |
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+the late, great historian Howard Zinn in Indiana. Stay with us. |
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+ |
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+ |
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+===Underview=== |
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+ |
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+ |
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+====Reformism is necessary and not mutually exclusive with disavowing the ethicality of the United States.==== |
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+**Wilderson '16** (Frank B. III, interviewed by Samira Spatzek and Paula von Gleich, "'The Inside-Outside of Civil Society': An Interview with Frank B. Wilderson, III." Black Studies Papers, 2.1 (2016): 4–22, https://www.academia.edu/26032053/_The_Inside-Outside_of_Civil_Society_An_Interview_with_Frank_B._Wilderson_III) OS |
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+The question is, can Black political organizing in Ferguson and Balti-more and |
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+AND |
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+-police even if tactically, we have to work for police reforms. |
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+ |
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+ |
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+====We're NOT THE LAW OR STATE AFFIRMATION – making demands on the state and questioning current methods works outside of the political order and questions its legitimacy.==== |
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+**Newman 10** |
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+(Saul, Reader in Political Theory at Goldsmiths, U of London, Theory and Event Volume 13, Issue 2) |
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+There are two aspects that I would like to address here. Firstly, the |
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+AND |
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+and equalities, and state practices which in reality violate and deny them. |
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+ |
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+ |
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+====Empirics prove racial conditions have gotten better.==== |
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+**Omi '13** (et al; Michael Omi is an American sociologist. Professor Omi is best known for developing the theory of racial formation along with Howard Winant. Omi serves on the faculty at the University of California, Berkeley. Howard winant co-authored this piece. Resistance is futile?: a response to Feagin and Elias, Ethnic and Racial Studies Volume 36, Issue 6, p. 961-973, 2013 Special Issue: Symposium - Rethinking Racial Formation Theory). |
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+In Feagin and Elias's account, white racist rule in the USA appears unalterable and |
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+AND |
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+whether total change, when it comes, will be what we want. |
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+ |
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+ |
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+====Black nihilism creates a self-fulfilling prophecy of oppression.==== |
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+**Miah 94 summarizes West** Cornel West (American philosopher, academic, activist, author, public intellectual, and prominent member of the Democratic Socialists of America) "Cornel West's Race Matters" Solidarity ATC 50, May-June 1994 https://solidarity-us.org/node/3079 JW |
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+West, the former director of Afro-American Studies at Princeton University (he's |
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+AND |
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+exploitation. The lack of self-love is directly related to oppression. |
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+ |
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+ |
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+====Wilderson's dogmatism forces the black body to embody abjection.==== |
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+**Marriott '12** (David Marriott, "Black Cultural Studies", Years Work Crit Cult Theory (2012) 20 (1): 37-66) PO |
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+However, this is also not the entire story of Red, White, and |
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+AND |
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+irreconcilability is the condition and possibility of what it means to be Black). |