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-====The 1ac is here to tell a story and this round marks the beginning. Post 9/11 America relies on agents of surveillance that are dedicated to the extermination of the other under a humanitarian guise. this logic of risk management in combination with preventionist functions to assign us all the status of enemy— We are no longer reduced to bare life. All life has become bare.==== |
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-Van Munster, 5/28/2014 – Senior Researcher at the Danish Institute for International Studies (DIIS) and teaches security studies at the Department of Political Science, University of Southern Denmark (Rens, "The War on Terrorism: When the Exception Becomes the Rule", Danish Institute for International Studies, p. 146-152) CS |
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-A direct parallel, then, can be drawn between Agamben's notion of the camp |
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-elevation from homo sacer to an autonomous subject is only a secondary move. |
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-====Police Practices ARE the sovereign — by instituting a mechanisms of self regulation we promote a violent form of subjectivization that renders all life null ==== |
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-Van Munster, 5/28/2014 – Senior Researcher at the Danish Institute for International Studies (DIIS) and teaches security studies at the Department of Political Science, University of Southern Denmark (Rens, "The War on Terrorism: When the Exception Becomes the Rule", Danish Institute for International Studies, p. 141) CS |
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-Douglas, independent scholar, 2009 – (Jeremy, "Disappearing Citizenship: surveillance and the state of exception", published in Surveillance and Society Vol 6, No 1, p. 34-35 http://library.queensu.ca/ojs/index.php/surveillance-and-society/article/view/3402/3365) CS |
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-Yet what emerges is, on the one hand, a theory of the top |
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-in terms of "bare life" and "the state of exception". |
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-====Indeterminacy is our internal link—The lynchpin of the polices power comes from qualified immunity-it absolves the sovereign from accountability in unknowability as a tactic to curb citizen agency==== |
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-**De Stefan 16**, Lindsey ~~J.D. Candidate, 2016, 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. Paper 850. http://scholarship.shu.edu/student_scholarship/850 CS |
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-Of course, the most outwardly evident and alarming problem with qualified immunity jurisprudence has |
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-no means 'clearly establish' that Brosseau's conduct violated the Fourth Amendment."1 |
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-====The advent of these structures represents the cessation of our moral agency to the state—complacency in these mechanisms means that structures within the law like qualified immunity serve to diffuse conflict between citizens and the state- trapping us into a neverending cycle of endorsing violent subjectivities==== |
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-**Hassel 85** |
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- Hassel, 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) "Living a Lie: The Cost of Qualified Immunity" CS Missouri Law Review 1999 Current qualified immunity doctrine serves as a means to diffuse conflict. Without a clear rule that some kinds of civil rights harms will not be redressed, there is minimal pressure for change. This "hiding of the ball" quality of qualified immunity is why, in spite of many expressions of dissatisfaction with the system, there had been little effective rallying for change. The reason the discontent of the participants in this system has not led to a significant change is that the terms of the debate are defined by the immunity system rather than by the fundamental question of the extent of rights and liabilities in civil rights actions. The civil rights remedial scheme organized around qualified immunity thus has an inherently self-preserving or stabilizing quality. It allows for tinkering at the margins, but fundamental recasting of the terms of the debate is unlikely. My assertion that qualified immunity has a camouflaging effect on civil rights law is supported by a large body of scholarship that explores legal regimes that define reality in a way that limits the ability of the participants in the system to change it.'27 These scholars argue that when a legal system is accepted as being the only available way to organize an activity and thus seems inevitable, the legal system encourages acceptance of the status quo. 28 The insights gained by scholars working in this area are helpful to apply to the qualified immunity standard in order to explore its hold on the civil rights imagination. This analysis maps out the way a doctrine such as qualified immunity can develop into an obstacle to the very aims it professes to accomplish. |
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-Those forms of biopolitical control generate the groundwork for racism and eugenics —- invisibility outweigh |
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-one hand and reduce political subjects to the naked life of homo sacer . |
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-===Plan text=== |
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-====Thus we will defend the ethic of the USFG eliminating the the "clearly established" standard, which holds that police officers are entitled to qualified immunity as long as the law they broke was not clearly established==== |
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-Sam **Wright 15** ~~(Sam Wright, public interest lawyer who has spent his career exclusively in nonprofits and government) Want to Fight Police Misconduct? Reform Qualified Immunity, Above the Law 11-3-2015~~ LADI |
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-Despite the fact that it doesn't appear to be supported by evidence, FBI Director |
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-show that that conduct's illegality has already been clearly established in the courts? |
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-===Framing=== |
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-====The 1ac is not a plan it's a genealogical investigation of the way in which qualified immunity and doctrines writ large will function . The debate isn't about consequences, its about debating the way in which normative legal thought functions in modernity==== |
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-Mills 8** **(Catherine Mills is currently an ARC Future Fellow and Associate Professor of Bioethics in the Centre for Human Bioethics at Monash University. I was previously employed at University of Sydney, Australia, and have been Lecturer in Philosophy at University of New South Wales, and the Australian National University. I completed a PhD in Philosophy at the Australian National University. My main research interests lie in the areas of biopolitics and bioethics. "Playing with Law: Agamben and Derrida on Postjuridical Justice", The Agamben Effect p. 23-24) CS |
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-To return to my starting point more can now be said of the idea of |
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-can study have no rightful end, it does not even desire one." |
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-====This is important- the inevitable framework shitstorm in the 1nc presmises their deliberation on the language of the state—call for the card, we do that==== |
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-====Also solves their kritiks, we view the law as more than just ends —- it is part of a slow unraveling of normative legality that will create a better vocabulary to discuss sovereign violence==== |
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-Agamben, 2005 – professor of philosophy at the College International de Philosophie in Paris (Giorgio, "The State of Exception", pg. 63) CS |
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-In the Kafka essay, the enigmatic image of a law that is studied but |
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-that absolutely cannot be appropriated or made juridical (Benjamin 1992, 41). |
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-====Theory is a form of ideological punishment that strives to tame unruly subjects, erasing their value in the process==== |
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-Call '2 (Lewis Call, Associate Professor of History @ Cal Poly San Luis Obispo, "Postmodern Anarchism", pg 44-47, wcp) |
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-Nietzsche's pseudoanarchistic critique of law and custom reaches its zenith in the second essay of |
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-opposition to the restrictive cultural and political consensuses enforced by modem liberal states. |
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-====This is also a linguistic claim, the role of the debate is a mediation of ideologies, the way in which we present arguments governs the interaction in itself, the 1AC controls the internal link to them==== |
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-Lundberg 12 —- Professor and Communication Strategies Consultant (Christian, Lacan in Public, Published by The University of Alabama Press, Project Muse)//trepka |
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-On Resistance: The Dangers of Enjoying One's Demands The demands of student revolutionaries and |
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-and productivity of frustrated demand as part and parcel of antagonistic democratic struggle. |