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  • Caselist.RoundClass[3]
  • Caselist.CitesClass[3]

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Caselist.RoundClass[3]

EntryDate

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1		-2016-10-31 01:30:08.269
	1	+2016-10-31 01:30:08.0

Caselist.CitesClass[3]

Cites

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	1	+==Framework==
	2	+
	3	+
	4	+
	5	+====Prefer non-ideal theory as a meta-ethical starting point: ====
	6	+
	7	+
	8	+
	9	+====1. An ontology that recognizes differentiation in subjectivity is key. BUTLER: ====
	10	+(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)
	11	+"In a sense, the subject is constituted through an exclusion and differentiation,
	12	+
	13	+AND
	14	+
	15	+the point in which it is claimed to be prior to politics itself."
	16	+
	17	+
	18	+
	19	+====2. Key for ethical motivation. MILLS:====
	20	+Charles W. Mills, "Ideal Theory" as Ideology, 2005 ("Ideal Theory" as Ideology CHARLES W. MILLS 2004 UH-DD)
	21	+"A first possible argument might be the simple denial that moral theory should have
	22	+
	23	+AND
	24	+
	25	+? Isn’t this, on the face of it, just completely implausible?"
	26	+
	27	+
	28	+
	29	+====3. Normative ideals aren’t created separately from the social norms that govern us because those influence what we can count as an ideal in the first place. MILLS 2:====
	30	+("Ideal Theory" as Ideology CHARLES W. MILLS 2004 UH-DD)
	31	+ "I suggest that this spontaneous reaction, far from being philosophically naïve or
	32	+
	33	+AND
	34	+
	35	+-as-idealized-model will never be achieved." (170)
	36	+
	37	+
	38	+
	39	+====4. This normalizes a single experience and epistemically skews ethical theorizing. MILLS 3:====
	40	+("Ideal Theory" as Ideology CHARLES W. MILLS 2004 UH-DD)
	41	+"The crucial common claim—whether couched in terms of ideology and fetishism,
	42	+
	43	+AND
	44	+
	45	+level, the descriptive concepts arrived at may be misleading." (175)
	46	+
	47	+
	48	+
	49	+====
	50	+Thus the standard is resisting non-ideal structures.====
	51	+
	52	+
	53	+
	54	+==Advocacy==
	55	+
	56	+
	57	+
	58	+====The squo has turned lower-level judges into adjudicators of constitutional law. Nielson 16:====
	59	+Nielson, Aaron and Walker, Christopher J., Strategic Immunity (April 11, 2016). Emory Law Journal, Vol. 66, pp. 55-122, 2016; Ohio State Public Law Working Paper No. 339; BYU Law Research Paper No. 16-13.
	60	+The Supreme Court has struggled with this procedural puzzle. The solution the Justices have
	61	+
	62	+AND
	63	+
	64	+, the power to decide cases without clearly establishing any law is significant.
	65	+
	66	+
	67	+
	68	+====Thus the plan: The Supreme Court should limit qualified immunity through explicit clarification of a "clearly established right" and adopting immunity standards for police officers. Stefan 16:====
	69	+De Stefan, Lindsey, ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" July 26, 2016
	70	+Of course, this is easier said than done. The Court has increasingly enlarged
	71	+
	72	+AND
	73	+
	74	+of the already-existing reasonableness standard, immunity may be inappropriate altogether.
	75	+
	76	+
	77	+
	78	+==Advantage 1 is Brutality==
	79	+
	80	+
	81	+
	82	+====Police brutality is getting worse in America as more police officers continue to be held unaccountable for their actions in scenarios that leave unarmed folk dead in the streets. King 15:====
	83	+Shaun, 9-22-15, ~~If you haven’t heard of Shaun King GTFO"Police brutality is getting worse and shows no signs of slowing down," Daily Kos, http://www.dailykos.com/story/2015/9/22/1423847/-Police-brutality-is-getting-worse-and-shows-no-signs-of-slowing-down
	84	+Police brutality in America is getting worse—not better. That's not pessimism.
	85	+
	86	+AND
	87	+
	88	+. It's on our watch and we have to do something about it.
	89	+
	90	+
	91	+
	92	+====The problem is accountability – Police in America believe that their actions cannot be held accountable, giving them a true sense of "immunity". The root of police brutality is found in the lack of police accountability. HRW:====
	93	+Human Rights Watch. No Date. Shielded from Justice Police Brutality and Accountability in the United States https://www.hrw.org/legacy/reports98/police/
	94	+Police brutality is one of the most serious, enduring, and divisive human rights
	95	+
	96	+AND
	97	+
	98	+rights violations persist in large part because the accountability systems are so defective.
	99	+
	100	+
	101	+
	102	+====Qualified immunity is the tool used by the police state to take away any count of accountability. Immunity has gained the political power to let guilty cops go free. Stefan 2:====
	103	+Of course, the most outwardly evident and alarming problem with qualified immunity jurisprudence has been its cumulative erosion of law enforcement accountability. Perhaps Erwin Chemerinsky summarized it best when he noted that "~~i~~n recent years, the court has made it very difficult, and often impossible, to hold police officers and the governments that employ them accountable for civil rights violations."107 Many of the aforementioned procedural and substantive problems with the qualified immunity doctrine have contributed to what might be considered a deleterious byproduct. But recent Court decisions have also demonstrated a willingness to extend immunity in even the most egregious circumstances.
	104	+
	105	+
	106	+
	107	+====Plan solves for police accountability – immunity standards for police closes the "precedent" loophole that doesn’t let judges override qualified immunity in the squo. Stefan 3:====
	108	+By adopting different immunity standards for high-level and low-level officials, clarifying the vagueness surrounding the definition of a "clearly established" right, and acknowledging the real-world effects of indemnification, the Court can begin to repair some of the substantial flaws in its qualified immunity jurisprudence. As it does, it will permit more constitutional tort suits to succeed, thereby fostering law enforcement accountability. Because criminal liability is nearly impossible as a practical matter, and because strategies like improving police training and recruiting tactics will likely take years to effectively implement, civil suits are the (relatively) fastest way to demonstrate to the country that our officers are our guardians and that they are accountable to us. It is thus the most immediate way to rebuild trust and begin healing the citizenpolice relationship.
	109	+
	110	+
	111	+
	112	+==Advantage 2 is Relations==
	113	+
	114	+
	115	+
	116	+====Race relations in America have reached a boiling point – most recent polls show. Haas 10/6:====
	117	+Erika Haas, 10-6-2016, Townhall, http://townhall.com/tipsheet/erikahaas/2016/10/06/more-than-half-of-americans-think-race-relations-have-worsened-under-obama-n2228895
	118	+Things aren’t looking good for Obama. According to a new CNN/ORC poll
	119	+
	120	+AND
	121	+
	122	+blacks, while only 1 percent say the system favors blacks over whites.
	123	+
	124	+
	125	+
	126	+====Poor relations are rooted in injustices for victims of police action. The squo has divided folks, and has let there for little justice done in an era of police violence. Cokley 15:====
	127	+Improving Race Relations in an Era of Police Brutality Kevin Cokley, Professor of Educational Psychology and African and African Diaspora Studies ~| June 18, 2015 news.utexas.edu/2015/06/18/improving-race-relations-in-an-era-of-police-brutality
	128	+ Many thought the election of Barack Obama as the first African American president would
	129	+
	130	+AND
	131	+
	132	+that the actions of police and white Americans are always motivated by racism.
	133	+
	134	+
	135	+
	136	+====Qualified immunity has angered the left and people of color as more police officers plead their "exclusive amendment" to get away with unjustified violence. Chamseddine 16:====
	137	+Roqayah Chamseddine, 7-1-2016, "The Black Struggle Against America’s Deification Of Police," Shadowproof, https://shadowproof.com/2016/07/11/black-struggle-americas-deification-police/
	138	+The language employed in defense of policing has afforded police officers and police departments a
	139	+
	140	+AND
	141	+
	142	+, or maintains order, is possibly the clearest example of this deification.
	143	+
	144	+
	145	+
	146	+====Race relations are key – the deaths of MLK and Emmett Till still reminds us that poor relations are what cause unjustified deaths and racism. Seabrook 16:====
	147	+Seabrook, Renita and Wyatt-Nichol, Heather (2016) "The Ugly Side of America: Institutional Oppression and Race," Journal of Public Management and Social Policy: Vol. 23: No. 1, Article 3. Available at: http://digitalscholarship.tsu.edu/jpmsp/vol23/iss1/3
	148	+Dr. Martin Luther King, Jr. (1968), eloquently stated, "
	149	+
	150	+AND
	151	+
	152	+noted in his description of the historical times in which both teenagers witnessed:
	153	+
	154	+
	155	+
	156	+==Underview==
	157	+
	158	+
	159	+
	160	+====1. Analytic / Changes ====
	161	+
	162	+====2. Not working with the state cedes the political====
	163	+**Shaw 99**, professor of IR at the University of Sussex, 1999 (Martin, "The Unfinished Global Revolution: Intellectuals and the New Politics of International Relations", http://sussex.ac.uk/Users/hafa3/unfinished.pdf)
	164	+The mistakes in this passage are also twofold. First, the myth of globalisation
	165	+
	166	+AND
	167	+
	168	+sustaining local democracies, we have hardly begun to fashion a new agenda.
	169	+
	170	+
	171	+
	172	+====3. CX checks .====

EntryDate

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	1	+2016-10-31 01:30:10.188

Judge

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	1	+Any

Opponent

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	1	+Any

ParentRound

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	1	+3

Round

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	1	+1

Team

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	1	+Christopher Columbus Navarrete Aff

Title

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	1	+2- Stock AC

Tournament

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	1	+Blue Key