Summary

• Page properties (1 modified, 0 added, 0 removed)

Details

Page properties

Content

...	...	@@ -4,6 +4,8 @@
4	4
5	5	==== NovDec Deont AC ====
6	6
	7	+==== NovDec Deont AC ====
	8	+
7	7	== Part 1 is the Standard ==
8	8
9	9	The Meta-ethic is practical reason. Metaethical frameworks establish the bindingness of moral constraints, and precede other ethical justifications, because they answer the question from where morals arise, independent of ontological or epistemic discussion. Prefer practical reason:
...	...	@@ -160,6 +160,125 @@
160	160	AND
161	161	space could plunge the world into the most destructive military conflict ever seen.**
162	162
	165	+== Part 2 is the Offense ==
	166	+
	167	+
	168	+=== Adv 1 is Torts ===
	169	+
	170	+Immunity hinders essential tort litigation
	171	+Chen 06
	172	+Chen, Alan K. (Professor @ University of Denver Sturm College of Law)"The Facts about Qualified Immunity." Emory Law Journal 55.2 (2006): 229-278. ~~[Premier~~]
	173	+The law provides a damages action to people whose constitutional rights have been violated by federal, state, and local public officials acting under the color of their governmental authority. 18 These "constitutional torts" serve critical compensatory and deterrent functions in the scheme of constitutional enforcement. 19 While acknowledging these values, the Supreme Court nonetheless has established substantial barriers to such suits against public officials. Through its decisions, it has developed a bifurcated system under which public officials who carry out certain functions are entitled to absolute immunity from constitutional tort actions, while all other officials are protected by only "qualified" immunity. Officials performing prosecutorial, judicial, or legislative functions when they commit the act for which they are sued may successfully claim absolute immunity. The Court's functional approach means that officials who ordinarily perform these types of functions are not entitled to claim absolute immunity when they perform official acts that are not within the scope of these protected functions. 23 For example, a prosecutor may claim absolute immunity for prosecutorial but not investigative acts. 24 She may still, however, assert qualified immunity.
	174	+There's no recourse in the face of powerful QI
	175	+Reinhardt 15
	176	+Stephen R. Reinhardt, (Circuit Judge, United States Court of Appeals for the Ninth Circuit.) The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences, 113 Mich. L. Rev. 1219 (2015). Available at: http://repository.law.umich.edu/mlr/vol113/iss7/3 ~~[Premier~~]
	177	+Unfortunately, the Court's actions no longer match its rhetoric. In fact, they now directly contradict it. Once again, the Court's concern for protecting government officials in general and state and local law enforcement officers in particular has prevailed over the constitutional rights of individuals. In recent years, the Court has used the qualified immunity doctrine, which shields officials from civil liability as long as their actions do not violate "clearly established statutory or constitutional rights of which a reasonable person would have known,"128 to severely restrict the ability of individuals to recover for constitutional violations that they suffer at the hands of law enforcement. The problem is that, due to sovereign immunity protections for the federal government and state governments, and the need to prove an unlawful policy or custom to hold a municipality liable under § 1983,129 claims against law enforcement officers are often the only remedy for individuals who suffer violations of their constitutional rights. However, in the name of protecting these officers from being held formally accountable for "minor" errors made in the line of duty, the Court has through qualified immunity created such powerful shields for law enforcement that people whose rights are violated, even in egregious ways, often lack any means of enforcing those rights. As law enforcement officers benefit from qualified immunity, so do municipalities, indirectly, because indemnification agreements would otherwise force them to pay the damages for which the officers have been held responsible; in fact, when officers receive the benefit of qualified immunity, it is in reality the municipality that is relieved of its duty to compensate the victim of a constitutional violation.
	178	+Tort law captures the unique responsibility to other persons while maintaining freedom to pursue one's own conception of the good
	179	+Ripstein 04
	180	+Arthur, pf of law @ UToronto, PUBLIC LAW AND LEGAL THEORY RESEARCH PAPER NO. 04-02 THE DIVISION OF RESPONSIBILITY AND THE LAW OF TORT ARTHUR ~~[Premier~~]
	181	+All of these effects that one person might have on another are consistent with each of us having a special responsibility for how our own life goes, because they are simply the inevitable side effects of separate persons making separate decisions in the presence of others. But there are other ways in which we have effects on others that are different. If I use what is yours without your consent, then I subordinate your pursuit of your purposes to my pursuit of mine. If I injure you, or damage your goods, I prevent you from using your powers to set and pursue your own conception of the good. So while the former class of side effects must simply be accepted80 as inevitable, th~~[is~~] latter set is inconsistent with each of us having a special responsibility for our own life. However, to say that they are inconsistent is not to say that they will never happen, and here too, the division of responsibility sheds considerable light on the doctrinal structure of tort law. If I wrongfully injure you, I am liable to you in damages, just because the payment of damages aims to "make you whole," that is, to restore to you, as much as it is possible to do so, means equivalent to those of yours that I have injured. To put you back in the same place is to put you back in the same place with respect to your ability to set and pursue your own conception of the good.
	182	+
	183	+
	184	+=== Adv 2 is Intentions ===
	185	+
	186	+The court intentionally decided that the protections of officers matter more than rights of the people, Reinhardt 15
	187	+Stephen R. Reinhardt, (Circuit Judge, United States Court of Appeals for the Ninth Circuit.) The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences, 113 Mich. L. Rev. 1219 (2015). Available at: http://repository.law.umich.edu/mlr/vol113/iss7/3 ~~[Premier~~]
	188	+As in the habeas context, the doctrinal evolution of qualified immunity was not inevitable; it was the product of a conscious choice to exempt constitutional violations from civil liability because of a concern over other lesser values. Here, the Court was purportedly concerned that officers not face litigation and, ultimately, harsh financial consequences for mistakes made in the line of duty. As a practical matter, this justification is based on a false premise—that officers would pay for the liability they incur in civil rights suits. As explained above, indemnification agreements generally shield officers from any monetary harm. To the extent, however, that qualified immunity serves a justifiable purpose of protecting officers from undergoing litigation for innocent, reasonable mistakes, even in the absence of any risk of financial liability, that purpose does not justify the Court's extreme construction of the qualified immunity doctrine—a construction that has once again exalted a lesser concern over the protection of constitutional rights.
	189	+
	190	+
	191	+
	192	+== 1AC ==
	193	+
	194	+
	195	+=== Fwk ===
	196	+
	197	+
	198	+==== The standard is maximizing expected wellbeing. ====
	199	+
	200	+
	201	+==== First, the constitutive obligation of the state is to protect citizen interest—individual obligations are not applicable in the public sphere. Goodin 95 ====
	202	+
	203	+Robert E. Goodin. Philosopher of Political Theory, Public Policy, and Applied Ethics. Utilitarianism as a Public Philosophy. Cambridge University Press, 1995. p. 26-7
	204	+The great adventure of utilitarianism as a guide to public conduct is that it avoids
	205	+AND
	206	+thus understood is, I would argue, a uniquely defensible public philosophy.
	207	+
	208	+
	209	+==== Second, only impacts and values that exist in the physical world are relevant. Physical realism is the only meaningful ontological theory of being. Williams, ====
	210	+
	211	+**Donald Williams. "Naturalism and the Nature of Things." The Philosophical Review, Vol. 53, No. 5 (Sep., 1944), pp. 417-443. Duke UP. http://www.jstor.org/stable/2181355**
	212	+Casting up our accounts to this point, we observe that physical realism is in
	213	+AND
	214	+in patterns of action in the ordered dimensions of a spatio-temporal hypersphere**
	215	+
	216	+
	217	+==== Third is the act omission distinction, governments are morally responsible for their omissions because they always face choices between different sets of policy options, all of which advantage some while disadvantaging others. ====
	218	+
	219	+Cass R. Sunstein and Vermeule Adrian ~~["Is Capital Punishment Morally Required? Acts, Omissions, and Life-Life Tradeoffs. Copyright (c) 2005 The Board of Trustees of Leland Stanford Junior University. Stanford Law Review December,2005 58 Stan. L. Rev. 703~~]
	220	+The critics of capital punishment have been led astray by uncritically applying the act/
	221	+AND
	222	+creating entitlements ~~[*722~~] and prohibitions, is not inaction at all.
	223	+
	224	+
	225	+=== Plan ===
	226	+
	227	+
	228	+==== Plan Text: All countries ought to prohibit the production of nuclear power in outer space. ====
	229	+
	230	+
	231	+==== Inherency & Uniqueness- nuclear reactors on spacecraft will be used to generate thrust—it's the current future of space exploration. Zolfagharifard '16 ====
	232	+
	233	+**Ellie Zolfagharifard For Dailymail, 3-18-2016, "Nasa wants to use nuclear rockets to get to Mars," Mail Online, http://www.dailymail.co.uk/sciencetech/article-3499441/Nasa-wants-use-nuclear-rockets-Mars-Space-agency-claims-technique-effective-way-reaching-red-planet.html**
	234	+Nuclear thermal propulsion is 'the most effective' way of sending humans to Mars. That's
	235	+AND
	236	+'Advanced nuclear propulsion systems could have extremely high performance and unique capabilities.'**
	237	+
	238	+
	239	+=== Accidents Advantage ===
	240	+
	241	+
	242	+==== The chance of a nuclear accident due to space propulsion is high—affects billions. Bryson '96 ====
	243	+
	244	+**Chris Bryson, December 1996 "Cassini — NASA'S Millennial Nuclear Nightmare," Christian Science Monitor, http://www.animatedsoftware.com/cassini/crbryson.htm**
	245	+Post-graduate geology student Leo Alvarado also witnessed the accident and telephoned the local
	246	+AND
	247	+that we are never going to have one of these things come down?"**
	248	+
	249	+
	250	+==== An nuclear space accident causes a massive EMP detonation. ====
	251	+
	252	+**Staughton '16 (John Staughton, February 2016, What Would Happen If A Nuke Exploded In Space? https://www.scienceabc.com/eyeopeners/happen-nuke-exploded-space.html )**
	253	+Perhaps even more worrying than the huge amount of radiation being dropped into Earth's atmosphere
	254	+AND
	255	+the widespread technological devastation from an EMP big enough to shut down Texas!
	256	+
	257	+
	258	+==== Extinction ====
	259	+
	260	+Pry 10 (Peter Vincent, director of the U.S. Nuclear Strategy Forum, "What America Needs to Know About EMPs" http://wethearmed.com/index.php?topic=8450.0)
	261	+EMP is not just a threat to computers and electronic gadgets, but to all
	262	+AND
	263	+to the United States and advocated immediate implementation of the EMP Commission's recommendations.
	264	+
	265	+
	266	+=== Space Militarization Advantage ===
	267	+
	268	+
	269	+==== Nuclear power in space leads to space weapons—inevitable consequence and hidden motive for nuclear space programs. Grossman '03 ====
	270	+
	271	+**Karl Grossman, professor of journalism at the State University of New York/College at Old Westbury, February 5 2003, "Nukes-in-Space in Columbia's Wake", http://www.space4peace.org/articles/columbiaswake.htm**
	272	+Gagnon, coordinator of the Global Network Against Weapons and Nuclear Power in Space,
	273	+AND
	274	+of what kind of seed do we carry with us out into space."**
	275	+
	276	+
	277	+==== Space weaponization causes extinction—outweighs nuclear war. Mitchell '01 ====
	278	+
	279	+**Mitchell, 01 – Associate Professor of Communication and Director of Debate at the University of Pittsburgh (Dr. Gordon, ISIS Briefing on Ballistic Missile Defence, "Missile Defence: Trans-Atlantic Diplomacy at a Crossroads", No. 6 July, http://www.isisuk.demon.co.uk/0811/isis/uk/bmd/no6.html)**
	280	+A buildup of space weapons might begin with noble intentions of 'peace through strength' deterrence
	281	+AND
	282	+space could plunge the world into the most destructive military conflict ever seen.**
	283	+
163	163	= Paragraph 2 =
164	164
165	165	Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.