Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[6]
  • Caselist.CitesClass[6]

Details

Caselist.RoundClass[6]

EntryDate

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1		-2016-12-03 01:20:39.994
	1	+2016-12-03 01:20:39.0

Caselist.CitesClass[6]

Cites

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	1	+=1AC Traditional Debate=
	2	+I affirm the resolution, Resolved: the United States ought to limit qualified immunity for police officers
	3	+
	4	+
	5	+===Framework===
	6	+
	7	+
	8	+====I value morality as per the word ought in the resolution ====
	9	+
	10	+
	11	+====And util is a good epistemic metric for frameworks====
	12	+
	13	+
	14	+====A) Government actions will inevitably lead to a conflict between 2 types of violations because policies benefit some and harm others, the question is which one is worse. ====
	15	+
	16	+
	17	+====B) People psychologically agree– governments are obligated adhere to consequences====
	18	+**Gino et al 2008 ~~Francesca Gino Kenan-Flagler Business School, University of North Carolina at Chapel Hill, Don Moore Tepper Business School, Carnegie Mellon University, Max H. Bozman Harvard Business School, Harvard University "No harm, no foul: The outcome bias in ethical judgments" http://www.hbs.edu/research/pdf/08-080.pdf~~ **
	19	+The present studies provide strong evidence of the existence of outcome effects in ethically-
	20	+AND
	21	+are accessible, finite, and easy to use because people already use it
	22	+
	23	+
	24	+====And a focus on oppression is key- irrespective of FW- ====
	25	+
	26	+
	27	+====Morality mandates the expression of all voices, which necessarily prohibits structural violence. Ethics that fail to account for non-equal playing fields used flawed starting points.====
	28	+Young 74. ,,Iris Marion Young, Professor in Political Science at the University of Chicago since 2000, masters and doctorate in philosophy in 1974 from Pennsylvania State University. ~~"Justice and the Politics of Difference". Princeton University Press, 1990, Digital Copy.~~,,
	29	+Group representation, third, encourages the expression of individual ¶ and group needs and
	30	+AND
	31	+must listen to the voice of those my privilege otherwise tends to silence.
	32	+
	33	+
	34	+====the standard is combatting oppression - or unequal treatment of people====
	35	+
	36	+
	37	+===Plan ===
	38	+
	39	+
	40	+====Text: The United States Federal Government ought to roll back the qualified immunity doctrine.====
	41	+Wright ’15 ,,Wright, Sam ~~public interest lawyer who has spent his career exclusively in nonprofits and government~~. "Want to Fight Police Misconduct? Reform Qualified Immunity." Above the Law. N.p., 3 Nov. 2015. Web. 08 Nov. 2016.,,
	42	+In order to truly hold police accountable for bad acts, civilians must be able
	43	+AND
	44	+show that that conduct’s illegality has already been clearly established in the courts?
	45	+
	46	+
	47	+===Advantage 1: Racial Justice===
	48	+
	49	+
	50	+====A) Police Violence: QI provides incentives to hurt others which are disproportionally people of color====
	51	+Crockford ’15 (Kade Crockford, "Militarization of Police and Racial Justice Gone Wrong: The Eurie Stamps Tragedy", ACLU, Speak Freely, 09/29/2015
	52	+Duncan invokes the ~~QI~~ qualified immunity doctrine, which holds that police officers
	53	+AND
	54	+final act of shooting them was accidental and so absolves your prior conduct.
	55	+
	56	+
	57	+====D) Xenophobia: QI allows the border patrol to get away with torturing and killing Mexicans.====
	58	+Kennis 16. (Andrew Kennis. Andrew Kennis is an international journalist, a higher education pedagogue and an academic researcher specializing in Digital Journalism Studies, Communication Policy Studies, Global Media, Political Communication, Political Economy and International Communications. Dr. Kennis was recently appointed as a Visiting Assistant Professor at the National Autonomous University of Mexico (UNAM), where he will teach several courses, including a graduate seminar analyzing the news media and the drug war. He recently completed his third year as an Assistant Professor at the University of Texas, El Paso (UTEP), where he undertook research on and taught courses in journalism studies and practice, global media and the drug war. While publishing peer-reviewed, scholarly research and completing grant-funded studies, Dr. Kennis still continues to practice journalism from many corners of the globe. As a researcher, Dr. Kennis has published in peer review journals ranging across three different disciplines (communications, political science and technology studies). He has won top conference paper awards and presented his work in both the United States and abroad (London, Tokyo, Vancouver and Mexico City). University-level courses Dr. Kennis has designed and taught have included "Multimedia Writing," "Investigative and Public Affairs Reporting," "Digital Media and Globalization," "Global Media, Money and Power," "Media and the Drug War," "Media and Democracy," "Politics and the Media," and other classes in political science, policy studies and society and technology studies. As a journalist, Dr. Kennis has practiced online-based / convergence reporting, investigative and print reporting, citizen journalism, and online-based and traditional radio throughout the last fifteen years. He has reported from locations based in four continents and over twenty countries across the globe, including on-the-scene reporting from the El Paso / Ciudad Juarez border corridor, Brazil, Colombia, Israel and the Occupied Territories, Japan, Venezuela, Taiwan, Guatemala and Mexico. Dr. Kennis served as the border correspondent for teleSUR's English division and has also published in a variety of news sources, including The Christian Science Monitor, Al Jazeera English, teleSUR English, Proceso (Mexico), Time Out, emeequis (Mexico). His work has resulted in invited on-air expert appearances on both live international television and radio broadcasts. "Supreme Court to Decide Fate of Case That Challenges Cross-Border Killings by US Agents". 03/30/16. https://news.vice.com/article/supreme-court-cross-border-killing-patrol-agent-usa-mexico) //TruLe
	59	+Sergio Adrián Hernández was a slender 15-year-old boy who loved soccer
	60	+AND
	61	+in light of the pending decision to be taken by the Supreme Court.
	62	+
	63	+
	64	+====These aren’t isolated incidents – the Border Patrol is granted QI in almost every case.====
	65	+Bennett 15. Brian Bennett, 6-15-2015, "Border Patrol absolves itself in dozens of cases of lethal force," La Times,http://www.latimes.com/nation/la-na-border-patrol-shootings-20150615-story.html//AD
	66	+A U.S. Border Patrol agent who killed an unarmed 15-year
	67	+AND
	68	+. The official autopsy says Rodriguez was hit eight times in the back.
	69	+
	70	+
	71	+====E) Rights Precedent: QI creates an infinite state of exception because the law never gets clarified – it’s try or die====
	72	+Beerman 9 ,,Jack Michael Beermann (Professor of Law and Harry Elwood Warren Scholar, Boston University School of Law). "Qualified Immunity And Constitutional Avoidance." Boston University School of Law Working Paper No. 09-51 (December 2, 2009). http://www.bu.edu/law/workingpapers-archive/documents/beermannj120209.pdf ,,
	73	+Pearson is another entry in the Court’s struggle to resolve a serious problem created by
	74	+AND
	75	+federal courts were required to reach the constitutional merits before deciding on immunity.
	76	+
	77	+
	78	+===Advantage 2: Solvency===
	79	+
	80	+
	81	+====Empirics prove litigation deters police misconduct AND doesn’t negatively affect police performance– avoids compensation objections because obviously they’ll still have to show up====
	82	+Ferdik 13, ,,Frank V. "Perception is Reality: A Qualitative Approach to Understanding Police Officer View on Civil Liability" COGINTA. For Police Reforms and Community Safety. Working Paper No. 49. Geneva Centre for the Democratic Control of armed forces. Department of Criminology and Criminal Justice. University of South Carolina.August 2013,,
	83	+It appears that civil litigation may also be a concern for police administrators. For
	84	+AND
	85	+proportion of encounters with citizens (Novak, Smith and Frank, 2003).
	86	+
	87	+
	88	+====Prefer the evidence====
	89	+
	90	+
	91	+====A) Reliability- other studies only used survey research and are outdated====
	92	+Ferdik 13, ,,Frank V. "Perception is Reality: A Qualitative Approach to Understanding Police Officer View on Civil Liability" COGINTA. For Police Reforms and Community Safety. Working Paper No. 49. Geneva Centre for the Democratic Control of armed forces. Department of Criminology and Criminal Justice. University of South Carolina.August 2013,,
	93	+To date, the empirical research on the topic of police officer perceptions of civil
	94	+AND
	95	+and behavior, especially as it relates to this component of the profession.
	96	+
	97	+
	98	+====B) Internal concessions are more reliable because they come directly from the source. They’re also not biased because police departments are incentivized to support qualified immunity.====
	99	+
	100	+
	101	+====Insurance can hold departments accountable even if police never pay out of pocket – they’ll pressure agency reform====
	102	+Rappaport 16 John Rappaport (Assistant professor at the University of Chicago Law School). "Cops can ignore Black Lives Matter protesters. They can’t ignore their insurers." Washington Post. 4 May 2016. https://www.washingtonpost.com/opinions/cops-can-ignore-black-lives-matter-protesters-they-cant-ignore-their-insurers/2016/05/04/c823334a-01cb-11e6-9d36-33d198ea26c5'story.html ~~Premier~~
	103	+My research on municipal liability insurance turned up this and other examples of police chiefs
	104	+AND
	105	+still answer to their underwriters, which therefore have significant leverage over them.
	106	+
	107	+
	108	+====Relations – removing QI increases accountability and heals the rift between law enforcement and communities by promoting constitutional rights and creates a movement for broader reform====
	109	+De Stefan 16 (Lindsey ~~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," Law School Student Scholarship,
	110	+Altering the qualified immunity doctrine is an excellent way to begin the path to restoring
	111	+AND
	112	+be a¶ long path to rebuilding the trust that is so crucial.

EntryDate

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	1	+2016-12-03 01:20:41.282

Judge

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	1	+Meraji

Opponent

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	1	+Stony Point

ParentRound

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	1	+6

Round

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	1	+1

Team

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	1	+Kinkaid Yang Aff

Title

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	1	+NOV DEC Traditional slow 1AC

Tournament

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	1	+University of Texas