Changes for page Harker Manglik Aff
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... ... @@ -1,0 +1,82 @@ 1 +===Part 1 is Framework=== 2 + 3 + 4 +====The standard is identifying the best strategy for resisting ableist oppression, as contextualized by aff offense. ==== 5 + 6 + 7 +====Analysis of ableism 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==== 8 +**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)** 9 +As a result, Disability Studies in McRuer's point of view should continue to affiliate 10 +AND 11 +and, as such, key guiding principles of democracy are left unrealized. 12 + 13 + 14 +====Ableism operates as master trope illuminating the fundamental tactic of oppression—the naturalization of social inferiority as biological difference. Siebers 09==== 15 +**Siebers, University of Michigan, Professor of Literary and Cultural Criticism, Tobin, "The Aesthetics of Human Disqualification", Oct 28, 2009, Lecture, Google Books.** 16 +Oppression is the systematic victimization of one group by another. It is a form 17 +AND 18 +represents at this moment in time the final frontier of justifiable human inferiority. 19 + 20 + 21 +===Part 2 is the Topic=== 22 + 23 + 24 +====Plan Text: 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 + 30 + 31 +====Only the supreme court can be the actor because it is precedential, in overturning q/I for police officers, they must interpret the ADA in its explicit text, which implies the decision's application to q/I for all public officials.==== 32 + 33 + 34 +===Advantage 1 is Legislative History=== 35 + 36 + 37 +====Even if you think the state is bad, you cannot ignore the specificity of this historical analysis. 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 QI stands in the way of.==== 38 +**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)** 39 +The legislative history of the Rehabilitation Act reveals that Con gress intended to supply disabled 40 +AND 41 +Congress intended that each be broadly interpreted to provide effective remedies against discrimination... 42 + 43 + 44 +====Qualified immunity stands directly in conflict with the legislative history of disability discrimination statutes. There are two scenarios where it removes damages all together.==== 45 +**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)** 46 +First, because damages may not be obtained from the federal gov ernment under the 47 +AND 48 +is wholly inapplicable to actions for damages brought under the disability discrimination statutes. 49 + 50 + 51 +====Recognition of the disabled body creates ruptures in status quo thinking that challenge societal prejudice. Campbell 09==== 52 +**Campbell, Griffith University, 9 (Fiona Kumari, 2009, "Contours of Ableism: The Production of Disability and Abledness," page 12-13, Date Accessed: 7/7)** 53 +Returning to the matter of definitional clarity around abled(ness), Robert McRuer ( 54 +AND 55 +'unavoidable duality' by putting forward another metaphor, that of the mirror. 56 + 57 + 58 +===Advantage 2 is Police Brutality=== 59 + 60 + 61 +====ADA suits are going to be popular to resist police violence, two scenarios:==== 62 + 63 + 64 +====Excessive force.==== 65 +**Harrington '01 (James Harrington, Director, Texas Civil Rights Project. Adjunct Professor of Law, The University of Texas. B.A., Pontifical College Josephinum, 1968; M.A.(Philosophy), University of Detroit, 1970; J.D., University of Detroit, 1973. Director, Americans with Disabilities Act National Backup Center, 1995-1998. The author has been lead counsel or co-counsel in more than 350 ADA cases. "A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE. A Review of the Past Seventeen Years" 2001 ~| SP)** 66 +In light of Yeskey, the Eighth Circuit Court of Appeals reversed a summary judgment 67 +AND 68 +on the police to handle problematic situations with people who have disabilities.172 69 + 70 + 71 +====Suicide Calls and Emergencies – will require a paradigmatic shift.==== 72 +**Harrington '01 (James Harrington, Director, Texas Civil Rights Project. Adjunct Professor of Law, The University of Texas. B.A., Pontifical College Josephinum, 1968; M.A.(Philosophy), University of Detroit, 1970; J.D., University of Detroit, 1973. Director, Americans with Disabilities Act National Backup Center, 1995-1998. The author has been lead counsel or co-counsel in more than 350 ADA cases. "A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE. A Review of the Past Seventeen Years" 2001 ~| SP)** 73 +Another common call to the police is for help with an individual who has suicidal 74 +AND 75 +175 There will likely continue to be considerable litigation in this area.176 76 + 77 + 78 +====The aff holds police accountable for this violence and deters future violations of disability discrimination status. Q/I makes being a plaintiff impossible.==== 79 +**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)** 80 +The United States Congress has endeavored to guarantee the equal participation of the disabled in 81 +AND 82 +construed to provide disabled individuals with broad remedies should they suffer discrimination. n14 - EntryDate
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