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+===Contention One: Framing=== |
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+ |
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+ |
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+====Exclusion is pervasive and deliberation in public spaces are key to find practical solutions – the role of the judge is to endorse rational-critical deliberation.==== |
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+Dahlberg 13 |
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+Dahlberg, Lincoln. "The Habermasian Public Sphere and Exclusion: An Engagement with Poststructuralist-Influenced Critics." Communication Theory 24.1 (2013): 21-41. Wiley Online Library. John Wiley and Sons, Inc. Web. 17 Nov. 2016. http://onlinelibrary.wiley.com/doi/10.1111/comt.12010/abstract. ~~Professor at the Center for Critical and Cultural Studies, University of Queensland~~ |
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+"Normatively then, the Habermasian (or deliberative)4 public sphere refers to |
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+AND |
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+democracy, rather than a problem internal to the character of the norm." |
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+ |
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+ |
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+====An affirmative ballot is an endorsement of disability scholarship – inclusion is key to debates over morality because we must fight marginalization in order to have a real discussion.==== |
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+Berube 3 |
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+Berube, Michael. "Citizenship and Disability." Alternet. Alternet, 1 May 2003. Web. 15 Nov. 2016. http://www.alternet.org/story/15809/citizenship_and_disability. ~~Professor in Literature at Pennsylvania State University~~ |
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+"It is striking, nonetheless, that so few leftists have understood disability in |
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+AND |
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+, which is to say, for the good of all of us." |
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+ |
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+ |
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+===Contention Two: Harms=== |
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+ |
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+ |
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+====Those with mental health issues are criminalized.==== |
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+Auner 1 ~~Bracketed for discourse~~ |
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+Auner, Thomas J. Loyola of Los Angeles Law Review 49 (2016): 335-50. Loyola Law Review. Digital Commons, 1 Jan. 2016. Web. 2 Nov. 2016. http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2961andcontext=llr. ~~J.D. Candidate, University of Loyola~~ |
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+"The United States largely criminalizes mentally ill people ~~with mental health issues~~, |
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+AND |
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+, compared with 7 to 8 percent of the general population.38" |
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+ |
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+ |
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+====Every 36 hours, someone with a mental health issue is killed by police.==== |
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+Appelbaum 15 |
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+Appelbaum, Paul S. "Can the Americans With Disabilities Act Reduce the Death Toll From Police Encounters With Persons With Mental Illness?" Psychiatric Services 66.10 (2015): 1012-014. National Center for Biotechnology Information. U.S. National Library of Medicine, Oct. 2015. Web. 02 Nov. 2016. https://www.ncbi.nlm.nih.gov/pubmed/26423161. ~~Paul S. Appelbaum, M.D., the Elizabeth K. Dollard Professor of Psychiatry, Medicine and Law, and Director, Division of Law, Ethics and Psychiatry at Columbia, was previously A.F. Zeleznik Distinguished Professor and Chairman, Department of Psychiatry; and Director, Law and Psychiatry Program, University of Massachusetts Medical School.~~ |
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+"Roughly every 36 hours, somewhere in the United States, a person with |
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+AND |
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+mental impairments of citizens into account as they interact with them (4)." |
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+ |
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+ |
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+====Qualified immunity is uniquely bad – it makes recovering damages nigh on impossible.==== |
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+Gildin 1 |
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+Gildin, Gary S. "Dis-Qualified Immunity for Discrimination Against the Disabled." University of Illinois Law Review (1999): 897-948. HeinOnline. HeinOnline. Web. 16 Nov. 2016. http://heinonline.org/HOL/LandingPage?handle=hein.journals/unilllr1999anddiv=26andid=andpage=. ~~Interim Dean and Professor of Law. J.D., Stanford Law School. B.A., University of Wisconsin.~~ |
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+"The legislative instruction that the Acts be broadly construed to afford relief to victims |
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+AND |
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+is wholly inapplicable to actions for damages brought under the disability discrimination statutes." |
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+ |
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+ |
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+===Contention Three: Inherency=== |
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+ |
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+ |
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+====Most courts don't uphold the ADA in the context of qualified immunity – that means status quo rights violations aren't getting punished. The ninth circuit should be the example – it's proven that their method works.==== |
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+Auner 2 ~~Bracketed for discourse~~ |
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+Auner, Thomas J. Loyola of Los Angeles Law Review 49 (2016): 335-50. Loyola Law Review. Digital Commons, 1 Jan. 2016. Web. 2 Nov. 2016. http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2961andcontext=llr. ~~J.D. Candidate, University of Loyola~~ |
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+"To succeed in a section 1983 claim, the plaintiff must prove that someone |
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+AND |
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+governments, rendering the barriers of qualified and municipal immunity inapplicable.79" |
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+ |
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+ |
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+====Qualified immunity isn't even a real defense – it's an ableist obfuscation of the law.==== |
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+Gildin 2 |
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+Gildin, Gary S. "Dis-Qualified Immunity for Discrimination Against the Disabled." University of Illinois Law Review (1999): 897-948. HeinOnline. HeinOnline. Web. 16 Nov. 2016. http://heinonline.org/HOL/LandingPage?handle=hein.journals/unilllr1999anddiv=26andid=andpage=. ~~Interim Dean and Professor of Law. J.D., Stanford Law School. B.A., University of Wisconsin.~~ |
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+"The courts that have allowed a qualified immunity defense to be erected by government |
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+AND |
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+defense that Congress did not intend for actions under the Acts.'9" |
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+ |
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+ |
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+===Contention Four: Advocacy=== |
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+ |
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+ |
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+====Text: All United States federal circuit courts will limit qualified immunity for police officers by rendering the Americans with Disabilities Act applicable for arrest situations.==== |
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+Auner 3 ~~Bracketed for discourse~~ |
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+Auner, Thomas J. Loyola of Los Angeles Law Review 49 (2016): 335-50. Loyola Law Review. Digital Commons, 1 Jan. 2016. Web. 2 Nov. 2016. http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2961andcontext=llr. ~~J.D. Candidate, University of Loyola~~ |
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+"Excessive force claims stemming from the Fourth Amendment and section 1983 of the Civil |
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+AND |
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+to arrest situations faces a greater risk of violent encounters with the police." |
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+ |
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+ |
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+====The affirmative enforces the ADA across the board – status quo application is inconsistent.==== |
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+Auner 4 ~~Bracketed for discourse~~ |
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+Auner, Thomas J. Loyola of Los Angeles Law Review 49 (2016): 335-50. Loyola Law Review. Digital Commons, 1 Jan. 2016. Web. 2 Nov. 2016. http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2961andcontext=llr. ~~J.D. Candidate, University of Loyola~~ |
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+"Violent confrontations between police and mentally ill suspects ~~with mental health issues~~ |
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+AND |
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+federal protections for ~~those with mental health issues~~ the mentally ill. |
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+ |
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+ |
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+====Use of the ADA has historically increased inclusion and discouraged discrimination – litigation is key.==== |
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+Auner 5 ~~Bracketed for discourse~~ |
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+Auner, Thomas J. Loyola of Los Angeles Law Review 49 (2016): 335-50. Loyola Law Review. Digital Commons, 1 Jan. 2016. Web. 2 Nov. 2016. http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2961andcontext=llr. ~~J.D. Candidate, University of Loyola~~ |
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+"When courts deem the ADA applicable to specific situations, public and private entities |
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+AND |
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+but more importantly, will tangibly improve the safety of the mentally ill." |
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+ |
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+ |
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+===Underview=== |
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+ |
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+ |
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+====Affirmative gets RVIs on counter-interpretations – 3 reasons:==== |
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+Strategy Skew. The negative can make the round unduly difficult for the affirmative by forcing them to adequately cover all layers when they're already at a disadvantage because of the 7-4-6-3 time skew. |
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+Reciprocity. The negative gets two outs and the affirmative has to double down – |
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+AND |
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+time-suck in the round via a well-frontlined frivolous shell. |
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+ |
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+ |
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+====Go for reasonability on T specifically – there are many ways of construing a resolution, and it's better to err toward a reasonable affirmative to make the conversation more inclusive. An affirmative is topical if:==== |
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+It has a solvency advocate. |
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+It directly limits qualified immunity, including clearly establishing some right or set of rights. |
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+ |
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+ |
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+====Large-scale impacts are fear tactics meant to legitimize oppression.==== |
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+Omolade '84 |
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+Omolade, Barbara. "Women of Color and the Nuclear Holocaust." Women's Studies Quarterly 12.2 (1984): 12. JSTOR. ITHAKA. Web. 30 Oct. 2016. http://www.jstor.org/stable/40004305. ~~Worked with the City College Center for Worker Education in New York City, historian of black women for the past twenty years and an organizer in both the women's and civil rights movements.~~ |
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+"As women of color, who are warriors in continual struggle to reclaim our |
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+AND |
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+, imperialism, cultural integrity, and housing? Who will stand up?" |
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+ |
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+ |
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+====Err affirmative on solvency – spillover solves a majority of their harms and past precedents show that the ADA can do good things.==== |