Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[4]
  • Caselist.CitesClass[4]

Details

Caselist.RoundClass[4]

EntryDate

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1		-2016-11-07 00:42:15.955
	1	+2016-11-07 00:42:15.0

Caselist.CitesClass[4]

Cites

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	1	+Part 1 is Framework
	2	+
	3	+The standard is identifying the best strategy for resisting ableist oppression, as contextualized by aff offense.
	4	+
	5	+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
	6	+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)
	7	+As a result, Disability Studies in McRuer's point of view should continue to affiliate
	8	+AND
	9	+and, as such, key guiding principles of democracy are left unrealized.
	10	+
	11	+Ableism operates as master trope illuminating the fundamental tactic of oppression—the naturalization of social inferiority as biological difference. Siebers 09
	12	+Siebers, University of Michigan, Professor of Literary and Cultural Criticism, Tobin, “The Aesthetics of Human Disqualification”, Oct 28, 2009, Lecture, Google Books.
	13	+Oppression is the systematic victimization of one group by another. It is a form
	14	+AND
	15	+represents at this moment in time the final frontier of justifiable human inferiority.
	16	+
	17	+Part 2 is the Topic
	18	+
	19	+Plan Text: The US Supreme Court ought to limit qualified immunity for police officers by removing its application to lawsuits under disability discrimination statutes.
	20	+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)
	21	+The Supreme Court recently affirmed that the unambiguous lan guage of a statute is dispositive
	22	+AND
	23	+the text of the Acts manifests Congress's intent to bar any immunity defense.
	24	+
	25	+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.
	26	+
	27	+Advantage 1 is Legislative History
	28	+
	29	+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.
	30	+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)
	31	+The legislative history of the Rehabilitation Act reveals that Con gress intended to supply disabled
	32	+AND
	33	+Congress intended that each be broadly interpreted to provide effective remedies against discrimination...
	34	+
	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	+
	41	+Upholding policies like the ADA combats the invisibility of disabled people in society.
	42	+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)
	43	+The legislative history of the ADA likewise mandates a broad construction of the Act.
	44	+AND
	45	+ADA "must be in terpreted broadly to carry out its purpose." n154
	46	+
	47	+Recognition of the disabled body creates ruptures in status quo thinking that challenge societal prejudice. Campbell 09
	48	+Campbell, Griffith University, 9 (Fiona Kumari, 2009, “Contours of Ableism: The Production of Disability and Abledness,” page 12-13, Date Accessed: 7/7)
	49	+Returning to the matter of definitional clarity around abled(ness), Robert McRuer (
	50	+AND
	51	+‘unavoidable duality’ by putting forward another metaphor, that of the mirror.
	52	+
	53	+Advantage 2 is Police Brutality
	54	+
	55	+ADA suits are going to be popular to resist police violence, two scenarios:
	56	+
	57	+1) Excessive force.
	58	+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)
	59	+In light of Yeskey, the Eighth Circuit Court of Appeals reversed a summary judgment
	60	+AND
	61	+on the police to handle problematic situations with people who have disabilities.172
	62	+
	63	+2) Suicide Calls and Emergencies – will require a paradigmatic shift.
	64	+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)
	65	+Another common call to the police is for help with an individual who has suicidal
	66	+AND
	67	+175 There will likely continue to be considerable litigation in this area.176
	68	+
	69	+The aff holds police accountable for this violence and deters future violations of disability discrimination status. Q/I makes being a plaintiff impossible.
	70	+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)
	71	+The United States Congress has endeavored to guarantee the equal participation of the disabled in
	72	+AND
	73	+construed to provide disabled individuals with broad remedies should they suffer discrimination. n14
	74	+
	75	+Part 3 is Framing
	76	+
	77	+The aff should win if we prove we have presented the most desirable policy option
	78	+
	79	+a) Fairness—alternate frameworks moot 8 minutes of the 1ac – it’s the only basis for aff offense – that means we should get to weigh our impacts
	80	+
	81	+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
	82	+
	83	+c) considering policy implications is key to effective theory
	84	+Feaver 01 (Peter, Asst. Prof of Political Science at Duke University, Twenty-First Century Weapons Proliferation, p 178)
	85	+At the same time, virtually all good theory has implications for policy. Indeed
	86	+AND
	87	+. Happily, the best work in the proliferation field already does so.
	88	+
	89	+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
	90	+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
	91	+ACCORDING TO LASSWELL (1971), policy science is about the production and application of
	92	+AND
	93	+and to a broader audience of an ideologically disoriented and politically disenchanted citizenry.
	94	+
	95	+e) Reps K bad – assumes Representational Determinism. Prefer the particularized and surrounding context of HOW our reps were deployed.
	96	+Shim ‘14(David Shim is Assistant Professor at the Department of International Relations and International Organization of the University of Groningen – As part of the critique of visual determinism, this card internally quotes David D. Perlmutter, Ph.D.. He is Dean of the College of Media and Communication at Texas Tech University. Before coming to Texas Tech, he was the director of the School of Journalism and Mass Communication at the University of Iowa. As a documentary photographer, he is the author or editor of seven books on political communication and persuasion. Also, he has written several dozen research articles for academic journals as well as more than 200 essays for U.S. and international newspapers and magazines such as Campaigns and Elections, Christian Science Monitor, Editor and Publisher, Los Angeles Times, MSNBC.com., Philadelphia Inquirer, and USA Today. Routledge Book Publication –Visual Politics and North Korea: Seeing is believing – p.24-25)
	97	+Imagery can enact powerful effects, since political actors are almost always pressed to take
	98	+AND
	99	+values (see also, Domke et al. 2002; Perlmutter 2005).

EntryDate

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	1	+2016-11-07 00:42:17.500

Judge

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	1	+XX

Opponent

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	1	+XX

ParentRound

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	1	+4

Round

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	1	+1

Team

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	1	+Harker Shah Aff

Title

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	1	+Aff

Tournament

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	1	+XX