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-Part 1 is Framing |
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-The starting point of government deliberation has to be the individual and how they relate to the social world around them. Rules only gain their force if they are open to public criticism. This means we need a procedural democracy that transcends the exact content of any moral rule. . Adorno: |
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-Adorno, Theodor. “Education after Auschwitz,” Critical Model |
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-Government action is about the process of deliberation not finding an exact rule to follow in every circumstance. Generation of values requires the ability to speak out. . Singer 84 |
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-Singer, Joseph William. "The player and the cards: nihilism and legal theory." The Yale Law Journal 94.1 (1984): 1-70. |
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-The law can either be used to forward the claims of the powerless or to perpetuate those of the powerful. We embrace a system of politics that allows for the powerless to speak out. Balkin 08 |
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-Balkin, Jack M. "Critical legal theory today." (2008). |
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-Part 2 – The Police State |
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-Qualified immunity reflects a culture of policing that justifies terrorizing black neighborhoods and lets police know they can get away with anything. Carter ‘15 |
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-Tom Carter – WSWS Legal Correspondent, a lawyer (https://www.wsws.org/en/articles/2014/02/24/cart-f24.html). “US Supreme Court Expands Immunity for Killer Cops.” Center for Research on Globalization. November 12, 2015. http://www.globalresearch.ca/us-supreme-court-expands-immunity-for-killer-cops/5488366 JJN |
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-Qualified immunity makes questions of civil rights irrelevant. It shuts down democratic debates about which rights we should value and prevents forms of activism that fight for legal recognition. Hassel ‘99 |
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-Diana Hassel - Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New JerseyNewark. “Living a Lie: The Cost of Qualified Immunity.” Missouri Law Review. Winter 1999. http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr JJN |
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-Part 3 - The plan |
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-Plan Text: In all cases in which a police officer is a named defendant against an accusation of violating the 4th amendment by excessive force, the SCOTUS will strike down the "clearly established" and "reasonable officer" clauses in Harlow. Wright ‘15 |
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-Sam Wright is a public interest lawyer who has spent his career exclusively in nonprofits and government. “Want to Fight Police Misconduct? Reform Qualified Immunity.” Above the Law. November 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 JJN |
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-Excessive force is the worst manifestation of this form of structural violence – 4th amendment cases get shut down before they even have a chance. Jeffries ‘13 |
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-Jeffries Jr, John C - David and Mary Harrison Distinguished Professor of Law, the University of Virginia. "The Liability Rule for Constitutional Torts." Virginia Law Review (2013): 207-270. |
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-The AFF changes police behavior – lawsuits are used by departments to create reform and individuals know their behavior will be watched – they don’t’ even need to win the lawsuits. Schwartz 10 |
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-Schwartz, Joanna. "What Police Learn from Lawsuits." Cardozo Law Review, 2010. http://law.stanford.edu/wp-content/uploads/sites/default/files/event/265497/media/slspublic/What_Police_Learn_From_Lawsuits.pdf. SGK |
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-The AFF changes culture – it is a form of social condemnation that validates the claims of the survivor. Armacost 98 |
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-Armacost 98 Barbara Armacost, Vanderbilt Law Review, April, 1998, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=90852, “Qualified Immunity: Ignorance Excused,” WP |
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-The plan fosters cooperation, which operates as a key check against police departments. De Stefan ‘16 |
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-Lindsey de Stefan - J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey. ““No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct.” The date is claimed to be 2017… but that’s impossible. So it says it has had 360 downloads since July 26, 2016 which is when the article is most likely to have been assumed to be released on the website. Stetan Hall Law. http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student_scholarship JJN |