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• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[5]
  • Caselist.CitesClass[5]

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Caselist.RoundClass[5]

EntryDate

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1		-2016-11-19 15:59:24.433
	1	+2016-11-19 15:59:24.0

Caselist.CitesClass[5]

Cites

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	1	+=1AC- Standard=
	2	+
	3	+
	4	+==Framing==
	5	+
	6	+
	7	+====Deciding on a full ethical theory to justify legal policy is irrelevant- the judge should instead frame policies on public reasons accessible to the public====
	8	+,,LAWRENCE B.,, SOLUM 4,,** Professor of Law, University of San Diego School of Law. "PROCEDURAL JUSTICE*" Public Law and Legal Theory Research Paper Series Research Paper No. 04-02 Social Science Research Network Electronic Paper Collection Spring 2004,,
	9	+A further question arises with respect to the dimension of justification: what sorts of
	10	+AND
	11	+or justifications that are accepted by the public, Entail focus on procedural justice
	12	+
	13	+
	14	+====1. Psychology – group identity theory verifies commitment to Procedural Justice====
	15	+**Hoffman and O’Shea, 2002** ~~Alabama Law Review, Winter, 2002,, 53 Ala. L. Rev. 335, LENGTH: 44067 words, CONTENT: Can Law and Economics Be Both Practical and Principled? NAME: David A. Hoffman * and Michael P. O'Shea ** BIO:* Clerk to the Hon. Norma L. Shapiro, U.S. District Court for the Eastern District of Pennsylvania. B.A., 1998, Yale; J.D., 2001, Harvard. ** Clerk to the Hon. John R. Gibson, U.S. Court of Appeals for the Eighth Circuit. B.A., 1995, Harvard; M.A., 1998, U. of Pittsburgh; J.D. 2001, Harvard.~~
	16	+E. Allan Lind and Tom R. Tyler, the second major duo of
	17	+AND
	18	+. . . ameliorates discontent across a wide variety of legal situations." n225
	19	+
	20	+
	21	+====2. Evaluating "substance", eg: sacrificing procedures for some other benefit fails to guide action and thus isn’t publically justifiable.====
	22	+,,LAWRENCE B.,, SOLUM 4,,** Professor of Law, University of San Diego School of Law. "PROCEDURAL JUSTICE*" Public Law and Legal Theory Research Paper Series Research Paper No. 04-02 Social Science Research Network Electronic Paper Collection Spring 2004,,
	23	+The real work of procedure is to guide conduct. It is sometimes said that
	24	+AND
	25	+we give citizens a principled reason to respect the outcomes of civil process.
	26	+
	27	+
	28	+====3. equality is axiomatically justified and assumed by the public====
	29	+,,John-Stewart,, Gordon No Date ,,Ruhr-University Bochum Internet Encyclopedia of Philosophy "Moral Egalitarianism" http://www.iep.utm.edu/moral-eg/~~#SH4a,,
	30	+What about the egalitarians’ assumption of ‘the presumption of equality’? Isaiah Berlin stated
	31	+AND
	32	+that the primacy of equality is due to the structure of moral justification.
	33	+
	34	+
	35	+====The standard is upholding the procedures of justice, namely that individuals participate in the United States justice system on an equal playing field. This is a means based framework. ====
	36	+
	37	+
	38	+====Prefer the standard====
	39	+
	40	+
	41	+====1) Debate about police should center around procedural justice- ====
	42	+PERF 14 ,,"Legitimacy and Procedural Justice: A New Element of Police Leadership" U.S. Department of Justice, Bureau of Justice Assistance A Report by the Police Executive Research Forum (PERF) March 2014 http://www.policeforum.org/assets/docs/Free'Online'Documents/Leadership/legitimacy20and20procedural20justice20-20a20new20element20of20police20leadership.pdf,,
	43	+To address the question of the legitimacy of the police and of policing practices among
	44	+AND
	45	+do by identifying a shared commitment to core values held by the public.
	46	+
	47	+
	48	+====2) Outweighs other rights violations and consequences: judges empirically are biased towards results which leave the corrupt procedures behind. ====
	49	+,,Adam,, Lamparello 9* ,,Westerfield Fellow, Loyola Law School, New Orleans, LA; Master of Laws, New York University School of Law; B.A., University of Southern California; J.D., Ohio State University College of Law. "INCORPORATING THE PROCEDURAL JUSTICE MODEL INTO FEDERAL SENTENCING JURISPRUDENCE IN THE AFTERMATH OF UNITED STATES V. BOOKER: ESTABLISHING UNITED STATES SENTENCING COURTS" New York University Journal of Law and Liberty,,
	50	+In a study concerning the degree of public trust and confidence in America’s state courts
	51	+AND
	52	+evaluation and determines the level of trust in judicial author- ity."44
	53	+
	54	+
	55	+====3) Procedural justice is the stasis point for change: identity groups agree upon what’s fair, and are more likely to rally behind a just system. ====
	56	+,,Adam,, Lamparello 9* ,,Westerfield Fellow, Loyola Law School, New Orleans, LA; Master of Laws, New York University School of Law; B.A., University of Southern California; J.D., Ohio State University College of Law. "INCORPORATING THE PROCEDURAL JUSTICE MODEL INTO FEDERAL SENTENCING JURISPRUDENCE IN THE AFTERMATH OF UNITED STATES V. BOOKER: ESTABLISHING UNITED STATES SENTENCING COURTS" New York University Journal of Law and Liberty,,
	57	+Accordingly, a participant in this study also reflected that, "~~a~~s
	58	+AND
	59	+likely to accept the outcomes of procedures, regardless of their favorability.55
	60	+
	61	+
	62	+====4) Pragmatism- Liberation requires engagement with rights discourse- yes it historically dampered radicalism – but pragmatic options are limited, oppressed groups such as black individuals often cannot access ivory tower critique. ====
	63	+Crenshaw 88 , ,,Kimberlé Williams. "Race, Reform, and Retrenchment: Transformation and Legitimation in Antidiscrimination Law." Harvard Law Review, vol. 101, no. 7, 1988, pp. 1331–1387. www.jstor.org/stable/1341398.,,
	64	+Rights have been important. They may have legitimated racial inequality, but they have
	65	+AND
	66	+meaningful change depends on skillful use of the liberating potential of dominant ideology.
	67	+
	68	+
	69	+==Contention==
	70	+
	71	+
	72	+====I Contend that Limiting Qualified Immunity promotes Procedural Justice between the police and the people. ====
	73	+
	74	+
	75	+====I’ll specify further for the sake of neg ground in CX if necessary- the specifics of implementation is not relevant to the affirmative. ====
	76	+
	77	+
	78	+====The affirmative defends implementation of the resolution- but consequence based DA’s do not link to the framework. ====
	79	+
	80	+
	81	+===A) Indemnification- or compensation===
	82	+
	83	+
	84	+====Indemnification is a harsh reality- data from the 44 largest agencies across the US and more prove that the police do not pay any punitive damages ====
	85	+Schwartz 14,,, Prof. Law – UCLA, 2014 ~~ POLICE INDEMNIFICATION, JOANNA C. SCHWARTZ*, Copyright © 2014 by Joanna C. Schwartz, Assistant Professor of Law, University of California, Los Angeles, School of Law. 886 NEW YORK UNIVERSITY LAW REVIEW ~~Vol. 89:885~~,,
	86	+This Article empirically examines an issue central to judicial and scholarly debate about civil rights
	87	+AND
	88	+to variation in state indemnification statutes as evidence that indemnification is "neither certain
	89	+
	90	+
	91	+====And deterrence theory is false- curtailing qualified immunity would not change any police or court habits. Thousands of cases====
	92	+Schwartz 14,,, Prof. Law – UCLA, 2014 ~~ POLICE INDEMNIFICATION, JOANNA C. SCHWARTZ*, Copyright © 2014 by Joanna C. Schwartz, Assistant Professor of Law, University of California, Los Angeles, School of Law. 886 NEW YORK UNIVERSITY LAW REVIEW ~~Vol. 89:885~~,,
	93	+A critical question, then, in determining whether qualified immunity is necessary to protect
	94	+AND
	95	+an alternative, empirically grounded justification can be offered for the defense.285
	96	+
	97	+
	98	+====Limiting QI procedurally equalizes the playing field- means individuals are on the same level as cops and doesn’t over-deter. ====
	99	+Schwartz 14,,, Prof. Law – UCLA, 2014 ~~ POLICE INDEMNIFICATION, JOANNA C. SCHWARTZ*, Copyright © 2014 by Joanna C. Schwartz, Assistant Professor of Law, University of California, Los Angeles, School of Law. 886 NEW YORK UNIVERSITY LAW REVIEW ~~Vol. 89:885~~,,
	100	+In a world in which police officers are almost always indemnified in full, how
	101	+AND
	102	+of wronged plaintiffs while lessening the impact of damages actions on officers.266
	103	+
	104	+
	105	+===B) Secrecy===
	106	+
	107	+
	108	+====Qualified Immunity allows the law to be secretive and inaccessible to those who need justice the most, ====
	109	+,,Alan K.,, Chen 15 ,,Alan K. Chen is the William M. Beaney Memorial Research Chair and professor of law at the University of Denver Sturm College of Law, where he teaches courses in constitutional law, federal courts, and public interest law. An experienced civil rights litigator and former ACLU staff attorney, Professor Chen continues to do pro bono work in constitutional rights cases. "Qualified Immunity Liming Access to Justice and Impeding Development of the Law" Vol. 41 No. 1 http://www.americanbar.org/publications/human'rights'magazine'home/2015—vol—41-/vol—41—no—1—-lurking-in-the-shadows—the-supreme-court-s-qui/qualified-immunity-limiting-access-to-justice-and-impeding-devel.html,,
	110	+Critics of qualified immunity point out that the breadth of the doctrine’s protection means that
	111	+AND
	112	+of qualified immunity that impedes access to justice in profound and troubling ways.
	113	+
	114	+
	115	+====Even if individuals do file a suit, there’s no compensation which destroys the individual’s civil liberties. ====
	116	+,,Samuel R.,, Bagenstos 16, ,,Who Is Responsible for the Stealth Assault on Civil Rights?, 114 Mich. L. Rev. 893 (2016).,,
	117	+,,Available at: h p://repository.law.umich.edu/mlr,,
	118	+,,AND,,
	119	+does not get the headlines, but it has headline-generating consequences.
	120	+
	121	+
	122	+==Underview==
	123	+
	124	+====Predictions: Complexity means future actions are impossible to verify thus it’s impossible to determine the consequences of an action. ====
	125	+Jervis, professor of international affairs – Columbia, ’97 (Robert, "Complex Systems: The Role of Interactions," in Complexity, Global Politics, and National Security, eds. David S. Alberts and Thomas J. Czerwinski, National Defense University)
	126	+Because actions change the environment in which they operate, identical but later behavior does
	127	+AND
	128	+not been too many accidents because they are operated with such care.25

EntryDate

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	1	+2016-11-19 15:59:26.361

Judge

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	1	+Grant Laverty

Opponent

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	1	+Munster

ParentRound

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	1	+5

Round

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	1	+1

Team

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	1	+Kinkaid Yang Aff

Title

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	1	+NOV DEC Justice AC

Tournament

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	1	+The Glenbrooks