Summary

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

Details

Caselist.RoundClass[0]

EntryDate

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1		-2016-11-06 15:41:58.282
	1	+2016-11-06 15:41:58.0

Caselist.CitesClass[0]

Cites

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	1	+==Constitutional Standard AC==
	2	+
	3	+
	4	+===FW===
	5	+
	6	+
	7	+====I affirm.====
	8	+
	9	+
	10	+====Since ought implies a moral obligation, I value morality, which presupposes inclusion since it assumes equal worth and since only inclusion can promote compliance. Morality has to guide action; if ethics aren't grounded in action, then they lose their prescriptive value, destroying morality. ====
	11	+
	12	+
	13	+====Structural violence is based in moral exclusion; it allows one group to become invisible.====
	14	+**Winter and Leighton '99** ~~Deborah DuNann Winter and Dana C. Leighton. Winter is a professor of psychology at Whitman College. Leighton is an assistant professor of psychology at Southern Arkansas University. "Peace, conflict, and violence: Peace psychology in the 21st century." Page 4-5~~
	15	+She argues that our normal perceptual cognitive processes divide people into in-groups and
	16	+AND
	17	+local cultures, will be our most surefooted path to building lasting peace.
	18	+
	19	+
	20	+====Thus, the standard is decreasing structural violence. ====
	21	+
	22	+
	23	+====Prefer since this is a constraint on all theories; if a theory excludes others, then their starting point is flawed. Their analysis of the world will be inaccurate, and if the first premise is flawed, then the conclusion can't be true.====
	24	+Guenther '12 ~~Lisa Guenther, The Living Death of Solitary Confinement, The Opinion Pages, The Stone, NYT, Aug 26, 2012~~
	25	+Deprived of everyday encounters with other people, and cut off from an open-
	26	+AND
	27	+and to lend their own unique perspective to creating meaning in the world.
	28	+
	29	+
	30	+====Democracies' first obligation is to uphold critical constitutional rights====
	31	+**Alexy '03**
	32	+Alexy, Robert. "Constitutional rights, balancing, and rationality." Ratio Juris 16.2 (2003): 131-140.
	33	+Robert Alexy is a jurist and a legal philosopher. He received his PhD in
	34	+AND
	35	+, as follows: "A 'balancing of interests' becomes necessary."6
	36	+
	37	+
	38	+====Any form of ethical system must first acknowledge the social oppression of groups.====
	39	+**Young '90: **
	40	+Young, Iris Marion. Young was Professor of Political Science at the University of Chicago, and affiliated with the Center for Gender Studies and the Human Rights program there. Justice and the Politics of Difference. Princeton, NJ: Princeton UP, 1990. Print. CM
	41	+Second, because it assures a voice for the oppressed as well as the privileged
	42	+AND
	43	+silenced by cultural imperialism. Group representation in the public facilitates such expression.
	44	+
	45	+
	46	+===Plan===
	47	+
	48	+
	49	+====QI application has shifted—we now use reasonableness and precedent standards so broad that filing suit is IMPOSSIBLE. Reinhardt '15====
	50	+Michigan Law Review Volume 113 ~| Issue 7 2015 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 Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
	51	+Hope was short-lived.140 For one thing, the Court began to
	52	+AND
	53	+wounded or deceased victim of excessive force at the hands of law enforcement.
	54	+
	55	+
	56	+====TEXT: The USFG ought to change the doctrinal formula for qualified immunity replacing the 'clearly established standard' and the 'reasonableness standard' with a 'clearly unconstitutional standard for police officers. ====
	57	+
	58	+
	59	+====That allows us to provide adequate civil rights protection while maintaining consistency with current law—means no link to disads. Jeffries '10====
	60	+University of Virginia School of Law Public Law and Legal Theory Research Paper Series No. 2010-21 What's Wrong With Qualified Immunity? John C. Jeffries, Jr. University of Virginia School of Law June 2010
	61	+A second suggestion would be to change the doctrinal formula for qualified immunity. Rather
	62	+AND
	63	+would not be irrelevant in determining whether conduct is ―clearly unconstitutional.‖ 84
	64	+
	65	+
	66	+===Advantage 1:===
	67	+
	68	+
	69	+====The advantage is legal system legitimacy and racism. Court expansion of QI exacerbates racial discrimination in the criminal justice system—the law must be used to safeguard minority rights. Reinhardt '15====
	70	+Michigan Law Review Volume 113 ~| Issue 7 2015 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 Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
	71	+Unfortunately, the Court's recent treatment of federal habeas law and qualified immunity evinces a
	72	+AND
	73	+decisions in other areas of the law,176 only exacerbated the problem.
	74	+
	75	+
	76	+====Courts no longer even raise the question of if a constitutional violation occurred—creates a system of continued rights violations only the aff can solve. Reinhardt '15====
	77	+Michigan Law Review Volume 113 ~| Issue 7 2015 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 Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit
	78	+Although there is a great deal that is troubling about the qualified immunity doctrine as
	79	+AND
	80	+to articulate constitutional rights will surely have far-reaching, negative repercussions.
	81	+
	82	+
	83	+====Public perception of the judicial system is at an all time low—its treatment of racial minorities is the cause. Reinhardt '15====
	84	+Michigan Law Review Volume 113 ~| Issue 7 2015 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 Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
	85	+This is an especially unfortunate time to be limiting the opportunities of those who have
	86	+AND
	87	+. On this score, the Court has simply failed in its mission.
	88	+
	89	+
	90	+====Legal legitimacy is key to compliance with the law and maintaining moral order—turns back ethics based NCs. Robinson 11, ====
	91	+Robinson 11 (Paul, ) "Mercy, Crime Control and Moral Credibility" Public Law and Legal Theory Research Paper Series Research Paper No. ~~#10-32
	92	+Perhaps the greatest utility of empirical desert comes through a more subtle but potentially more
	93	+AND
	94	+it will be effective in doing so only if it has sufficient credibility.
	95	+
	96	+
	97	+====And, Legal legitimacy is key to promote peace and prevents future conflict. Ban 04,====
	98	+Ban, 04, Secretary General of the UN ~~Ki-Moon, "The rule of law and transitional justice in conflict and post-conflict societies", UN Security Council, August 23, S/2004/616, http://www.unrol.org/files/200420report.pdf~~
	99	+2. The objective of the present report is to highlight key issues and lessons
	100	+AND
	101	+manner. Viewed this way, prevention is the first imperative of justice.
	102	+
	103	+
	104	+===Underview===
	105	+
	106	+
	107	+====Even if police officers were taken to court—it's municipalities that would have to pay damages. Means no link to police enforcement DAs and the aff is key to challenging the state. Reinhardt '15====
	108	+Michigan Law Review Volume 113 ~| Issue 7 2015 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 Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit
	109	+Unfortunately, the Court's actions no longer match its rhetoric. In fact, they
	110	+AND
	111	+has once again exalted a lesser concern over the protection of constitutional rights.

EntryDate

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	1	+2016-11-06 15:41:59.729

Judge

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	1	+Adam Bistagne

Opponent

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	1	+Brentwood Lily Richmond

ParentRound

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	1	+0

Round

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	1	+2

Team

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	1	+Harker Vinod Aff

Title

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	1	+Const Standard AC

Tournament

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	1	+Damus