Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[7]
  • Caselist.CitesClass[7]

Details

Caselist.RoundClass[7]

EntryDate

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1		-2016-11-20 04:56:43.661
	1	+2016-11-20 04:56:43.0

Caselist.CitesClass[7]

Cites

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	1	+Framework
	2	+The standard is identifying the best strategy for resisting ableist oppression, as contextualized by aff offense.
	3	+Analysis of ableist representations is a critical focal point in addressing structural oppression caused by the hegemonic power structures of globalization. Academia is a uniquely key forum to bring about these issues. Mitchell ‘10
	4	+Snyder and Mitchell 10 (Introduction: Ablenationalism and the Geo-Politics of Disability Sharon L. Snyder David T. Mitchell Journal of Literary and Cultural Disability Studies, Volume 4, Number 2, 2010, pp. 113-125)
	5	+As a result, Disability Studies in McRuer's point of view should continue to affiliate
	6	+AND
	7	+and, as such, key guiding principles of democracy are left unrealized.
	8	+The normative, autonomous subject is an illusion that the abled body constructs so as to not face the reality of disability. The aff framework is a prereq.
	9	+Hughes 07 (Bill Hughes, Glasgow Caledonian University, “Being disabled: towards a critical social ontology for disability studies”, Disability and Society Vol. 22, No. 7, December 2007, pp. 673–684)
	10	+Whilst borrowing from black culture smacks of cool and complicates but adorns the self-
	11	+AND
	12	+or in the most mundane everyday words or deeds that exclude or invalidate.
	13	+And, especially within a sphere of government, liberties are positive, not merely negative. HOLLENBACH
	14	+
	15	+DAVID HOLLENBACH – The Common Good Revisited. Theological Studies. 50:1 (1989 March). “Gewirth argues that…or dictatorial activity.”
	16	+
	17	+Gewirth argues that these conditions fall into two broad categories: freedom and well-
	18	+AND
	19	+themselves rather than simply being the passive objects of paternalistic or dictatorial authority.
	20	+Absolute rules fail to account for the relative stringency of moral duties. Morality must be comparative. Moore
	21	+There is an aura of paradox in asserting that all deontological duties are categorical ―
	22	+AND
	23	+) seems the best way of making sense of greater versus lesser wrongs.
	24	+Thus I affirm the plan. Resolved: The US Supreme Court ought to limit qualified immunity for police officers by removing its application to lawsuits under disability discrimination statutes.
	25	+Gildin ’99 (Gary S. Gildin, Professor of Law, The Dickinson School of Law of the Pennsylvania State University. B.A. 1973, University of Wisconsin; J.D. 1976, Stanford Law School. “DIS-QUALIFIED IMMUNITY FOR DISCRIMINATION AGAINST THE DISABLED” University of Illinois Law Review, 1999 | SP)
	26	+The Supreme Court recently affirmed that the unambiguous lan guage of a statute is dispositive
	27	+AND
	28	+the text of the Acts manifests Congress's intent to bar any immunity defense.
	29	+Legislative History (4:18)
	30	+Even if you think the state is bad, you cannot ignore the specificity of this historical analysis. It has not been one policy, there has been no cooption, and its breadth has only increased. Every relevant indicator implies that governments intended to help disabled people with these policies. Don’t think of the aff as defending a policy but rather a movement, which qualified immunity stands in the way of.
	31	+Gildin ’99 (Gary S. Gildin, Professor of Law, The Dickinson School of Law of the Pennsylvania State University. B.A. 1973, University of Wisconsin; J.D. 1976, Stanford Law School. “DIS-QUALIFIED IMMUNITY FOR DISCRIMINATION AGAINST THE DISABLED” University of Illinois Law Review, 1999 | SP)
	32	+The legislative history of the Rehabilitation Act reveals that Con gress intended to supply disabled
	33	+AND
	34	+Congress intended that each be broadly interpreted to provide effective remedies against discrimination...
	35	+Qualified immunity stands directly in conflict with the legislative history of disability discrimination statutes. There are two scenarios where it removes damages all together.
	36	+Gildin ’99 (Gary S. Gildin, Professor of Law, The Dickinson School of Law of the Pennsylvania State University. B.A. 1973, University of Wisconsin; J.D. 1976, Stanford Law School. “DIS-QUALIFIED IMMUNITY FOR DISCRIMINATION AGAINST THE DISABLED” University of Illinois Law Review, 1999 | SP)
	37	+First, because damages may not be obtained from the federal gov ernment under the
	38	+AND
	39	+is wholly inapplicable to actions for damages brought under the disability discrimination statutes.
	40	+Upholding policies like the ADA combats the invisibility of disabled people in society.
	41	+Gildin ’99 (Gary S. Gildin, Professor of Law, The Dickinson School of Law of the Pennsylvania State University. B.A. 1973, University of Wisconsin; J.D. 1976, Stanford Law School. “DIS-QUALIFIED IMMUNITY FOR DISCRIMINATION AGAINST THE DISABLED” University of Illinois Law Review, 1999 | SP)
	42	+The legislative history of the ADA likewise mandates a broad construction of the Act.
	43	+AND
	44	+ADA "must be in terpreted broadly to carry out its purpose." n154
	45	+Recognition of the disabled body creates ruptures in status quo thinking that challenge societal prejudice. Campbell 09
	46	+Campbell, Griffith University, 9 (Fiona Kumari, 2009, “Contours of Ableism: The Production of Disability and Abledness,” page 12-13, Date Accessed: 7/7)
	47	+Returning to the matter of definitional clarity around abled(ness), Robert McRuer (
	48	+AND
	49	+‘unavoidable duality’ by putting forward another metaphor, that of the mirror.
	50	+Police Brutality (2:53)
	51	+The only existing case law explanation on the subject set up a ridiculous standard for avoiding QI for ADA suits
	52	+Gildin ’99 (Gary S. Gildin, Professor of Law, The Dickinson School of Law of the Pennsylvania State University. B.A. 1973, University of Wisconsin; J.D. 1976, Stanford Law School. “DIS-QUALIFIED IMMUNITY FOR DISCRIMINATION AGAINST THE DISABLED” University of Illinois Law Review, 1999 | SP)
	53	+As was true of actions under the Rehabilitation Act, the courts have mechanically incorporated
	54	+AND
	55	+cials sued for constitutional violations under 42 U.S.C. 1983
	56	+ADA suits are going to be popular to resist police violence, two scenarios:
	57	+1) Excessive force.
	58	+Harrington ’01 (James Harrington, Director, Texas Civil Rights Project. Adjunct Professor
	59	+AND
	60	+ACCOUNTABLE. A Review of the Past Seventeen Years” 2001 | SP)
	61	+In light of Yeskey, the Eighth Circuit Court of Appeals reversed a summary judgment
	62	+AND
	63	+on the police to handle problematic situations with people who have disabilities.172
	64	+2) Suicide Calls and Emergencies – will require a paradigmatic shift.
	65	+Harrington ’01 (James Harrington, Director, Texas Civil Rights Project. Adjunct Professor
	66	+AND
	67	+ACCOUNTABLE. A Review of the Past Seventeen Years” 2001 | SP)
	68	+Another common call to the police is for help with an individual who has suicidal
	69	+AND
	70	+175 There will likely continue to be considerable litigation in this area.176
	71	+The aff holds police accountable for this violence and deters future violations of disability discrimination status. Q/I makes being a plaintiff impossible.
	72	+Gildin ’99 (Gary S. Gildin, Professor of Law, The Dickinson School of Law of the Pennsylvania State University. B.A. 1973, University of Wisconsin; J.D. 1976, Stanford Law School. “DIS-QUALIFIED IMMUNITY FOR DISCRIMINATION AGAINST THE DISABLED” University of Illinois Law Review, 1999 | SP)
	73	+The United States Congress has endeavored to guarantee the equal participation of the disabled in
	74	+AND
	75	+construed to provide disabled individuals with broad remedies should they suffer discrimination. n14
	76	+Underview (1:14)
	77	+The aff should win if we prove we have presented the most desirable policy option
	78	+a) Fairness—alternate frameworks moot 6 minutes of the 1ac – it’s the only basis for aff offense – that means we should get to weigh our impacts
	79	+b) Decisionmaking – debate should develop our ability to weigh the consequences of our actions – it’s the only portable skill – that means the ballot should compare policy options – the only acceptable alt is one that presents a clear policy action
	80	+c) Considering policy implications is key to effective theory
	81	+Feaver 01 (Peter, Asst. Prof of Political Science at Duke University, Twenty-First Century Weapons Proliferation, p 178)
	82	+
	83	+At the same time, virtually all good theory has implications for policy. Indeed
	84	+AND
	85	+. Happily, the best work in the proliferation field already does so.
	86	+d) The government has flawed components but challenging our understanding of government is important and valuable through discussion of federal policies~-~-- learning the language of that allows us to confront and challenge those institutions outside of this round and resolves a lot of the impacts at the root of their explanation
	87	+Hoppe 99 Robert Hoppe is Professor of Policy and knowledge in the Faculty of Management and Governance at Twente University, the Netherlands. "Argumentative Turn" Science and Public Policy, volume 26, number 3, June 1999, pages 201–210 works.bepress.com
	88	+ACCORDING TO LASSWELL (1971), policy science is about the production and application of
	89	+AND
	90	+, she/he should be able to mediate between science and politics.
	91	+
	92	+Hence Dunn's (1994, page 84) formal definition of policy analysis as an
	93	+AND
	94	+and to a broader audience of an ideologically disoriented and politically disenchanted citizenry.
	95	+e) Focusing on particular structures and on content is more important in terms of ableism
	96	+Hughes 2k7 (Bill, prof business and society @ Glasgow Caledonian U, Scotland, researcher in disability studies “ Being disabled: towards a critical social ontology for disability studie” Disability and Society Vol. 22, No. 7, December 2007, pp. 673–68)
	97	+For most people ‘it goes without saying’ that they are human beings. For
	98	+AND
	99	+the hegemony of the ontological view that human worth is closely associated with ability

EntryDate

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	1	+2016-11-20 04:56:45.360

Judge

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	1	+Tim Alderete

Opponent

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	1	+Southlake Carroll JC

ParentRound

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	1	+7

Round

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	1	+3

Team

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	1	+Harker Malyugina Aff

Title

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	1	+ADA AFF

Tournament

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	1	+Glenbrooks