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-==1AC== |
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-===Framework=== |
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-====The starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place. ==== |
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-**Mills, Professor of Moral and Intellectual Philosophy at Northwestern University, 2000** |
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-**Charles W, "Ideal Theory as Ideology", Hypatia Volume 20, Number 3, Summer, pp. 165 184 - MG** |
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-I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, |
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-that the ideal-as-idealized-model will never be achieved. |
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-====Justice requires a multi-dimensional analysis. Every instance of injustice includes both an unequal distribution of resources and a misrecognition of identity. Singular theories that only focus on distribution or identity will inevitably fail. ==== |
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-**Fraser, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09** |
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-**(Nancy; Social Justice in the Age of Identity Politics: Redistribution, Recognition, and Participation; THE TANNER LECTURES ON HUMAN VALUES; Stanford University April 30–May 2, 1996; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)** |
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-Matters become murkier, however, once we move away from these extremes. When |
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-in sum, requires both redistribution and recognition. Neither alone will suffice. |
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-====Thus, the standard is promoting participatory parity. This recognizes the bivalence of oppression.==== |
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-**Fraser 2, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09** |
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-**(Nancy; Social Justice in the Age of Identity Politics: Redistribution, Recognition, and Participation; THE TANNER LECTURES ON HUMAN VALUES; Stanford University April 30–May 2, 1996; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)** |
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-Given the hollowness of a purely verbal reduction and the present unavailability of a substantive |
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-ascribed "difference" from others or by failing to acknowledge their distinctiveness. |
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-====Prefer additionally: Double bind: ==== |
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-====A. Analytic. ==== |
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-====B. Analytic.==== |
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-===Harms=== |
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-====Unarmed black and brown bodies are gunned down by police every day and the officers are getting away with it. ==== |
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-**Kindy, National investigative reporter for The Washington Post and participant in Pulitzer Prize winning team, 15** |
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-**Kimberly, "Fatal police shootings in 2015 approaching 400 nationwide", Washington Post, ** |
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-and killed nearly 1,000 people by the end of the year. |
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-====Qualified immunity protects officers who have clearly broken the law because the standards for being clearly established are far too high.==== |
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-**Sheng, associate in Davis Polk's Litigation Department, practicing in the Menlo Park office, law clerk to the chief judge of the U.S. Court of Appeals for the Federal Circuit, 2012** |
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-**Philip, "An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cases Brought Under 42 U.S.C. § 1983", Brigham Young University Journal of Public Law, March 1st, Accessed November 10th, Online: **http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1459andcontext=jpl** – MG ** |
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-Apart from the concerns that (I) the Court is affording law enforcement officers |
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-to whether and when cases on point arc needed to overcome qualified immunity. |
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-===Plan Text=== |
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-====Thus, I affirm: Resolved – The United States ought to limit qualified immunity for police officers by removing the "clearly established" standard to be whether it was clearly unconstitutional. CX check all spec, theory, and T interps to prevent needless theory. Substantive debate outweighs because its applicable in the real world. ==== |
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-===Solvency=== |
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-====Civil suits in constitutional rights violations are distinctly important in recognizing the importance of individuals who have their rights violated by government officials, even when the financial liability may be addressed by the government. Armacost 89==== |
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-**(Barbara E. Armacost 51 Vand. L. Rev. 583 (1998) "Qualified Immunity- Ignorance Excused" J.D. University of Virginia School of Law 1989 M.T.S. Regent College of the University of British Columbia 1984 B.S. University of Virginia 1976 )** |
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-Turning to section 1983 law, I contend that individual damages liability for constitutional violations |
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-but through public reaction to re- ported allegations of clear constitutional impropriety. |
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-====Civil recourse is key to individual recognition of status and authority of the plaintiffs, empowering them. Solomon 10==== |
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-**Solomon '10 (Jason M. Solomon. Associate Professor, College of William and Mary Law School. "What is Civil Justice" Loyola Of Los Angeles Law Review. Vol. 44:317. Fall 2010. http://scholarship.law.wm.edu/facpubs/1149 — KW)** |
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-"Consistent with the inescapable moral quality of the word justice in both systems, |
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-and a remedy (generally money) to the one wronged. 49" |
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-====And- Lawsuits are a redistribution method of participation-==== |
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-====1. The foundation of tort law is one of monetary redistribution to a victim or community. The wrongdoer is forced to pay their distributed resources to the plaintiff. ==== |
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-====2. In the case of an unsuccessful suit, communities still eventually are repaid in the form of large scale reform. When civil suits fail, states and courts collect the data and information from those suits to determine new courses in law- meaning consistent lawsuits against police officers for wrongdoing will eventually bring about large-scale, beneficial change.==== |
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-====It's hard to sue municipalities. The officers are the only route for justice.==== |
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-**Chemerinskyaug, founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science, 2014** |
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-**Erwin, "How the Supreme Court Protects Bad Cops", August 26, New York Times, Online: http://www.nytimes.com/2014/08/27/opinion/how-the-supreme-court-protects-bad-cops.html, Accessed October 23 – MG ** |
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-A 2011 case, Connick v. Thompson, illustrates how difficult the Supreme Court |
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-in Mr. Thompson's case, also has absolute immunity to civil suits. |