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+Value: Structural Justice |
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+VC: Justice for systematic Racism |
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+1. Structural Justice means that we focus on helping those who have been given injustice in society |
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+Malpas’13- Nick Malpas is a postgraduate research student in the department of philosophy at the University of Sydney. (Nick Malpas. “Responsibility for Justice”. 2013. 16 October 2016. JB) |
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+ |
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+2. Prefer Structural Justice because other forms of justice are given major flaws |
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+Demeterio III’ no date- Feorillo A. Demeterio III is a full professor of the Filipino Department at De La Salle University. (Feorillio A. Demeterio III. “Young’s Theroy of Structural Justice and Collective Responsibility”. No date. 16 October 2016. JB) |
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+ |
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+ROB- Vote for the debater who best challenges systematic racism |
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+Reasons to prefer: |
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+1. Only by focusing on race problems are we able to have a unique discussion in the debate round. Negative does an excellent job of this through the evidence provided below. This is critical to education because we are able to have an honest discussion about the real problems in society. |
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+K |
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+History has caused people of color to be forced into a metaphorical slavery causing today’s mindset of the white-black relationship |
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+Farley 5 Boston College (Anthony, “Perfecting Slavery”, http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1028andcontext=lsfp) |
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+ |
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+Lack of discussion about the oppression of people of color causes symbolic structural violence |
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+CRENSHAW, Prof of Speech Comm @ Univ. Ala., 1997 |
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+Carrie-PhD. USC; former director of debate @ Univ. of Ala.; WESTERN JOURNAL OF COMMUNICATION |
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+ |
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+African-Americans are inherently targeted in society for no reason which causes structural violence |
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+Wilderson 11 (Frank, Associate Professor, African American Studies Dept., UC Irvine, “The Vengeance of Vertigo: Aphasia and Abjection in the Political Trials of Black Insurgents”, InTensions, Vol 5, http://www.yorku.ca/intent/issue5/articles/frankbwildersoniii.php#footxvii, LK) |
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+ |
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+African-Americans have been robbed of their proper social status due to the basis of enslavement |
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+Sexton 10 (Jared, Assoc Prof of African American Studies @ UC Irvine, “People of Color Blindness” p. 33-34) |
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+ |
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+Only an unflinching thought shift can solve the problem. The alt is to reject the aff to promote a greater thought process. |
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+Wilderson, ’10 |
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+2010, Frank B. Wilderson is an Associate Professor of African-American Studies at UC Irvine and has a Ph.D. from UC Berkeley, “Red, White and Black: Cinema and the Structure of U.S. Antagonisms,” |
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+ |
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+Solving Slavery comes first, it is the only way to solve other problems |
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+Wilderson 10 |
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+(Frank, Red, Red, White, and Black: Cinema and the Structure of U.S. Antagonisms pg. 17-19) |
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+ |
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+Turns/Answers |
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+ |
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+Independent of qualified immunity established by the courts, many jurisdictions indemnify officers, making getting any significant settlement from officers difficult |
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+ |
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+Joann Schwartz, 2014, Police Idemnification, New York University Law Review, June 2014, http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-89-3-Schwartz.pdf |
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+ |
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+Idemnification is completely independent of qualified immunity |
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+ |
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+Richard Thompson, legislative attorney, Congressional Research Service, October 30, 2015, Police Use of Force: Rules, Remedies, and Reforms, https://www.fas.org/sgp/crs/misc/R44256.pdf |
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+ |
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+Turn ~-~- If QI is eliminated, it will be more difficult for plaintiffs to win claims and there will be even more idemnification |
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+ |
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+Joann Schwartz, 2014, Police Idemnification, New York University Law Review, June 2014, http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-89-3-Schwartz.pdf , Joanna Schwartz is a Professor of Law at UCLA School of Law. She teaches Civil Procedure, the Civil Rights Litigation Clinic, and a variety of courses on police accountability and public interest lawyering. In 2015, she received UCLA’s Distinguished Teaching Award. Professor Schwartz is one of the country’s leading experts on police misconduct litigation. Her studies examine the frequency with which police departments gather and analyze information from lawsuits, and the ways in which litigation-attentive departments use lawsuit data to reduce the likelihood of future harms. She has also examined the financial effects of police misconduct litigation, including the frequency with which police officers contribute to settlements and judgments in police misconduct cases, and the extent to which police department budgets are affected by litigation costs. Professor Schwartz has also looked more broadly at how lawsuits influence decision-making in hospitals, airlines, and other organizational settings. Professor Schwartz additionally studies the dynamics of modern civil litigation. Recent scholarship examines the degree to which litigation costs and delays necessitate current civil procedure rules, and compares rhetoric with available evidence about the costs and burdens of class action litigation. She is co-author, with Stephen Yeazell, of a leading casebook, Civil Procedure (9th Edition). Professor Schwartz is a graduate of Brown University and Yale Law School. She was awarded the Francis Wayland Prize for her work in Yale Law School’s Prison Legal Services clinic. After law school, Professor Schwartz clerked for Judge Denise Cote of the Southern District of New York and Judge Harry Pregerson of the Ninth Circuit Court of Appeals. She was then associated with Emery Celli Brinckerhoff and Abady LLP, in New York City, where she specialized in police misconduct, prisoners’ rights, and First Amendment litigation. She was awarded the New York City Legal Aid Society's Pro Bono Publico Award for her work as co-counsel representing a class of inmates challenging conditions at Rikers Island. Immediately prior to her appointment, Professor Schwartz was the Binder Clinical Teaching Fellow at UCLA School of Law. |
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+ |
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+Lawsuits don’t deter – multiple studies |
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+ |
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+Joann Schwartz, 2014, Police Idemnification, New York University Law Review, June 2014, http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-89-3-Schwartz.pdf , Joanna Schwartz is a Professor of Law at UCLA School of Law. She teaches Civil Procedure, the Civil Rights Litigation Clinic, and a variety of courses on police accountability and public interest lawyering. In 2015, she received UCLA’s Distinguished Teaching Award. Professor Schwartz is one of the country’s leading experts on police misconduct litigation. Her studies examine the frequency with which police departments gather and analyze information from lawsuits, and the ways in which litigation-attentive departments use lawsuit data to reduce the likelihood of future harms. She has also examined the financial effects of police misconduct litigation, including the frequency with which police officers contribute to settlements and judgments in police misconduct cases, and the extent to which police department budgets are affected by litigation costs. Professor Schwartz has also looked more broadly at how lawsuits influence decision-making in hospitals, airlines, and other organizational settings. Professor Schwartz additionally studies the dynamics of modern civil litigation. Recent scholarship examines the degree to which litigation costs and delays necessitate current civil procedure rules, and compares rhetoric with available evidence about the costs and burdens of class action litigation. She is co-author, with Stephen Yeazell, of a leading casebook, Civil Procedure (9th Edition). Professor Schwartz is a graduate of Brown University and Yale Law School. She was awarded the Francis Wayland Prize for her work in Yale Law School’s Prison Legal Services clinic. After law school, Professor Schwartz clerked for Judge Denise Cote of the Southern District of New York and Judge Harry Pregerson of the Ninth Circuit Court of Appeals. She was then associated with Emery Celli Brinckerhoff and Abady LLP, in New York City, where she specialized in police misconduct, prisoners’ rights, and First Amendment litigation. She was awarded the New York City Legal Aid Society's Pro Bono Publico Award for her work as co-counsel representing a class of inmates challenging conditions at Rikers Island. Immediately prior to her appointment, Professor Schwartz was the Binder Clinical Teaching Fellow at UCLA School of Law. |
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+ |
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+Idemnification and other policies means there is no deterrent value to lawsuits |
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+ |
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+Joann Schwartz, 2014, Police Idemnification, New York University Law Review, June 2014, http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-89-3-Schwartz.pdf , Joanna Schwartz is a Professor of Law at UCLA School of Law. She teaches Civil Procedure, the Civil Rights Litigation Clinic, and a variety of courses on police accountability and public interest lawyering. In 2015, she received UCLA’s Distinguished Teaching Award. Professor Schwartz is one of the country’s leading experts on police misconduct litigation. Her studies examine the frequency with which police departments gather and analyze information from lawsuits, and the ways in which litigation-attentive departments use lawsuit data to reduce the likelihood of future harms. She has also examined the financial effects of police misconduct litigation, including the frequency with which police officers contribute to settlements and judgments in police misconduct cases, and the extent to which police department budgets are affected by litigation costs. Professor Schwartz has also looked more broadly at how lawsuits influence decision-making in hospitals, airlines, and other organizational settings. Professor Schwartz additionally studies the dynamics of modern civil litigation. Recent scholarship examines the degree to which litigation costs and delays necessitate current civil procedure rules, and compares rhetoric with available evidence about the costs and burdens of class action litigation. She is co-author, with Stephen Yeazell, of a leading casebook, Civil Procedure (9th Edition). Professor Schwartz is a graduate of Brown University and Yale Law School. She was awarded the Francis Wayland Prize for her work in Yale Law School’s Prison Legal Services clinic. After law school, Professor Schwartz clerked for Judge Denise Cote of the Southern District of New York and Judge Harry Pregerson of the Ninth Circuit Court of Appeals. She was then associated with Emery Celli Brinckerhoff and Abady LLP, in New York City, where she specialized in police misconduct, prisoners’ rights, and First Amendment litigation. She was awarded the New York City Legal Aid Society's Pro Bono Publico Award |
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+ |
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+Police only pay .02 of awards |
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+ |
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+Joann Schwartz, 2014, Police Idemnification, New York University Law Review, June 2014, http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-89-3-Schwartz.pdf , Joanna Schwartz is a Professor of Law at UCLA School of Law. She teaches Civil Procedure, the Civil Rights Litigation Clinic, and a variety of courses on police accountability and public interest lawyering. In 2015, she received UCLA’s Distinguished Teaching Award. Professor Schwartz is one of the country’s leading experts on police misconduct litigation. Her studies examine the frequency with which police departments gather and analyze information from lawsuits, and the ways in which litigation-attentive departments use lawsuit data to reduce the likelihood of future harms. She has also examined the financial effects of police misconduct litigation, including the frequency with which police officers contribute to settlements and judgments in police misconduct cases, and the extent to which police department budgets are affected by litigation costs. Professor Schwartz has also looked more broadly at how lawsuits influence decision-making in hospitals, airlines, and other organizational settings. Professor Schwartz additionally studies the dynamics of modern civil litigation. Recent scholarship examines the degree to which litigation costs and delays necessitate current civil procedure rules, and compares rhetoric with available evidence about the costs and burdens of class action litigation. She is co-author, with Stephen Yeazell, of a leading casebook, Civil Procedure (9th Edition). Professor Schwartz is a graduate of Brown University and Yale Law School. She was awarded the Francis Wayland Prize for her work in Yale Law School’s Prison Legal Services clinic. After law school, Professor Schwartz clerked for Judge Denise Cote of the Southern District of New York and Judge Harry Pregerson of the Ninth Circuit Court of Appeals. She was then associated with Emery Celli Brinckerhoff and Abady LLP, in New York City, where she specialized in police misconduct, prisoners’ rights, and First Amendment litigation. She was awarded the New York City Legal Aid Society's Pro Bono Publico Award for her work as co-counsel representing a class of inmates challenging conditions at Rikers Island. Immediately prior to her appointment, Professor Schwartz was the Binder Clinical Teaching Fellow at UCLA School of Law. |
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+ |
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+Their method of politics turns them into actors disengaged from politics and creates ressentiment—turns their offense. |
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+Antonio ’95, Nietzsche’s antisociology: Subjectified Culture and the End of History”; American Journal of Sociology; Volume 101, No. 1; July 1995 |