Changes for page Law Magnet Gao Aff
Summary
-
Page properties (1 modified, 0 added, 0 removed)
-
Objects (2 modified, 0 added, 7 removed)
Details
- Page properties
-
- Author
-
... ... @@ -1,1 +1,1 @@ 1 -XWiki. leftitup@gmailcom1 +XWiki.michaeldavidgao@facebookcom
- Caselist.CitesClass[4]
-
- EntryDate
-
... ... @@ -1,1 +1,1 @@ 1 -2016-12-10 15:15:19. 01 +2016-12-10 15:15:19.32
- Caselist.CitesClass[5]
-
- Cites
-
... ... @@ -1,5 +1,0 @@ 1 -Interpretation: Debaters may not read counterplans that include part of the AFF action. 2 - 3 -1. Time skew 4 -2. Strat Skew 5 -3. Substantive education - EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2016-12-10 15:15:19.0 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Claire Kueffner - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Carrollton AJ - ParentRound
-
... ... @@ -1,1 +1,0 @@ 1 -6 - Round
-
... ... @@ -1,1 +1,0 @@ 1 -2 - Team
-
... ... @@ -1,1 +1,0 @@ 1 -Law Magnet Gao Aff - Title
-
... ... @@ -1,1 +1,0 @@ 1 -1 - PICs Bad - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Isidore Newman
- Caselist.CitesClass[6]
-
- Cites
-
... ... @@ -1,95 +1,0 @@ 1 -==1AC== 2 - 3 - 4 -===Framework=== 5 - 6 - 7 -====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. ==== 8 -**Mills, Professor of Moral and Intellectual Philosophy at Northwestern University, 2000** 9 -**Charles W, "Ideal Theory as Ideology", Hypatia Volume 20, Number 3, Summer, pp. 165 184 - MG** 10 -I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, 11 -AND 12 -that the ideal-as-idealized-model will never be achieved. 13 - 14 - 15 -====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. ==== 16 -**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** 17 -**(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)** 18 -Matters become murkier, however, once we move away from these extremes. When 19 -AND 20 -in sum, requires both redistribution and recognition. Neither alone will suffice. 21 - 22 - 23 -====Thus, the standard is promoting participatory parity. This recognizes the bivalence of oppression.==== 24 -**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** 25 -**(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)** 26 -Given the hollowness of a purely verbal reduction and the present unavailability of a substantive 27 -AND 28 -ascribed "difference" from others or by failing to acknowledge their distinctiveness. 29 - 30 - 31 -====Prefer additionally: Double bind: ==== 32 - 33 - 34 -====A. Analytic. ==== 35 - 36 - 37 -====B. Analytic.==== 38 - 39 - 40 -===Harms=== 41 - 42 - 43 -====Unarmed black and brown bodies are gunned down by police every day and the officers are getting away with it. ==== 44 -**Kindy, National investigative reporter for The Washington Post and participant in Pulitzer Prize winning team, 15** 45 -**Kimberly, "Fatal police shootings in 2015 approaching 400 nationwide", Washington Post, ** 46 -**AND** 47 -and killed nearly 1,000 people by the end of the year. 48 - 49 - 50 -====Qualified immunity protects officers who have clearly broken the law because the standards for being clearly established are far too high.==== 51 -**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** 52 -**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 ** 53 -Apart from the concerns that (I) the Court is affording law enforcement officers 54 -AND 55 -to whether and when cases on point arc needed to overcome qualified immunity. 56 - 57 - 58 -===Plan Text=== 59 - 60 - 61 -====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. ==== 62 - 63 - 64 -===Solvency=== 65 - 66 - 67 -====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==== 68 -**(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 )** 69 -Turning to section 1983 law, I contend that individual damages liability for constitutional violations 70 -AND 71 -but through public reaction to re- ported allegations of clear constitutional impropriety. 72 - 73 - 74 -====Civil recourse is key to individual recognition of status and authority of the plaintiffs, empowering them. Solomon 10==== 75 -**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)** 76 -"Consistent with the inescapable moral quality of the word justice in both systems, 77 -AND 78 -and a remedy (generally money) to the one wronged. 49" 79 - 80 - 81 -====And- Lawsuits are a redistribution method of participation-==== 82 - 83 - 84 -====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. ==== 85 - 86 - 87 -====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.==== 88 - 89 - 90 -====It's hard to sue municipalities. The officers are the only route for justice.==== 91 -**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** 92 -**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 ** 93 -A 2011 case, Connick v. Thompson, illustrates how difficult the Supreme Court 94 -AND 95 -in Mr. Thompson's case, also has absolute immunity to civil suits. - EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2016-12-12 00:43:22.0 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Adesuwa Omoruyi - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Cypress Woods CJ - ParentRound
-
... ... @@ -1,1 +1,0 @@ 1 -7 - Round
-
... ... @@ -1,1 +1,0 @@ 1 -5 - Team
-
... ... @@ -1,1 +1,0 @@ 1 -Law Magnet Gao Aff - Title
-
... ... @@ -1,1 +1,0 @@ 1 -NOVDEC - Accountability AC - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Isidore Newman
- Caselist.CitesClass[7]
-
- Cites
-
... ... @@ -1,102 +1,0 @@ 1 -====Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech==== 2 - 3 - 4 -==1AC== 5 - 6 - 7 -===Framework=== 8 - 9 - 10 -====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, which means that they can never be applied in the real world. ==== 11 - 12 - 13 -====In the non-ideal reality of the heterogeneous United States, difference is inevitable. Three warrants:==== 14 - 15 - 16 -====All forms of politics rely on linguistic norms that have no fundamental source of authority. Language is constructed through use, which is social in nature. ==== 17 -**Mouffe, Universities of Louvain, Paris and Essex and professorship at the Department of Politics and International Relations, University of Westminster in the United Kingdom, 1999** 18 -**Chantal, "Deliberative Democracy or Agonistic Pluralism?", The New School, Social Research** 19 -**AND** 20 -always abridgments of practices, they are inseparable of specific forms of life. 21 - 22 - 23 -====Analytic.==== 24 - 25 - 26 -====Analytic.==== 27 - 28 - 29 -====There is no I without the other. Identity is intersubjective and constructed through social relations, which are always changing. BUTLER: ==== 30 -**(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)** 31 -"In a sense, the subject is constituted through an exclusion and differentiation, 32 -AND 33 -the point in which it is claimed to be prior to politics itself." 34 - 35 - 36 -====Analytic====** 37 - 38 - 39 -====Given this, the mission of politics is to deal with these differences in a way that maintains the political system. Otherwise, the differences are left to fester and branch out to individual collectivities that destroy society, which is deeply antithetical to the practical goal of ethics.==== 40 -**"The Democratic Paradox" by Chantal Mouffe 2000 ** 41 -"A well-functioning democracy calls for a vibrant clash of democratic political positions 42 -AND 43 -antagonisms that can tear up the very basis of civility." (104) 44 - 45 - 46 -====An agonistic democracy where difference is respected and all viewpoints are given a chance to engage in the political discourse is key to this end.==== 47 -** "The Democratic Paradox" by Chantal Mouffe 2000 DD** 48 -"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic 49 -AND 50 -should be seen as temporary respites in an ongoing confrontation." (102) 51 - 52 - 53 -====Analytic.==== 54 - 55 - 56 -====Thus, the standard is cultivating agonistic democratic subjects. ==== 57 - 58 - 59 -====Impact calculus: The best way to foster agonistic democracy is by training people through participation in democratic practices. Analytic. ==== 60 - 61 - 62 -====Prefer additionally: Analytic: ==== 63 - 64 - 65 -====A. Analytic. ==== 66 - 67 - 68 -====B. Analytic.==== 69 - 70 - 71 -===Contention=== 72 - 73 - 74 -====The punishment from speech codes deter discussion, especially since they are often vague and up to the interpretation of the administration. ==== 75 -**Powers, Deputy Assistant U.S. Trade Representative for Public Affairs in the Clinton administration from 1993 to 1998 and column for The American Prospect and her numerous articles have appeared in USA Today, Elle, the New York Observer, Salon, and the Wall Street Journal, 2015** 76 -**Kirsten, "How Liberals Ruined College", Daily Best, June 11th, Online: http://www.thedailybeast.com/articles/2015/05/11/how-liberals-have-ruined-college.html - MG ** 77 -On today's campuses, left-leaning administrators, professors, and students are working 78 -AND 79 -them "harm" by saying something that offended them, case closed. 80 - 81 - 82 -====Speech codes create a culture of suppression that deter discussion. This creates a cyclical cycle where students never learn how to engage with other positions.==== 83 -**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015** 84 -**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG** 85 -Almost 95 percent of the U.S. colleges and universities evaluated by FIRE 86 -AND 87 -to be offended and therefore avoid situations where someone might offend them. 88 - 89 - 90 -====Constitutionally protected speech solves.==== 91 -**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date** 92 -**Foundation for Individual Rights In Education, "State of the Law: Speech Codes** 93 -**AND** 94 -constitutional freedoms is nowhere more vital than in the community of American schools." 95 - 96 - 97 -====The AFF is try or die. Millennials aren't engaged now.==== 98 -**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015** 99 -**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG** 100 -By one measure, millennials are the United States' least politically engaged generation, with 101 -AND 102 -whether our colleges are actually guiding students towards a path of political disengagement. - EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2016-12-17 04:52:53.0 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Martin Sigalow - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Montgomery AW - ParentRound
-
... ... @@ -1,1 +1,0 @@ 1 -9 - Round
-
... ... @@ -1,1 +1,0 @@ 1 -2 - Team
-
... ... @@ -1,1 +1,0 @@ 1 -Law Magnet Gao Aff - Title
-
... ... @@ -1,1 +1,0 @@ 1 -JANFEB - Mouffe AC - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Strake Jesuit
- Caselist.CitesClass[8]
-
- Cites
-
... ... @@ -1,108 +1,0 @@ 1 -==Framework== 2 - 3 - 4 -====I value morality because ought implies a moral obligation. ==== 5 - 6 - 7 -====The ethical question is posed intersubjectively: Analytic.==== 8 - 9 - 10 -====Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed. Butler:==== 11 -(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) 12 -"In a sense, the subject is constituted through an exclusion and differentiation, 13 -AND 14 -the point in which it is claimed to be prior to politics itself." 15 - 16 - 17 -====As fluid concepts, our identities can be denied by the people around us just as their identities can be denied of us. Therefore, ethics demands a recognition of the precarity of identity. Butler 2:==== 18 -**Judith Butler. Frames of War: When Is Life Grievable? ** 19 -The precarity of life imposes an obligat~~es~~ion upon us. We 20 -AND 21 -crafting power, and which limits the finality of any of its effects. 22 - 23 - 24 -====However, within these structures of recognition, difference is inevitable. Hagglund:==== 25 -"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND 26 -"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology 27 -AND 28 -is in the service of perpetrating the better." (46-48) 29 - 30 - 31 -====A. Analytic.==== 32 - 33 - 34 -====B. Analytic.==== 35 - 36 - 37 -====Thus, the standard is consistency with an agonistic pluralism.==== 38 - 39 - 40 -====Only an agonistic democracy is grounded on the precarious structure of identity and the need to maintain openness and contestation as it embraces conflict and transforms it into something that recognizes that my identity is only constructed off of the other. Mouffe:==== 41 -**"The Democratic Paradox" by Chantal Mouffe 2000 ** 42 -"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic 43 -AND 44 -should be seen as temporary respites in an ongoing confrontation." (102) 45 - 46 - 47 -====An agonistic pluralism is key to the maintenance of a healthy political community. Mouffe 2:==== 48 -**"The Democratic Paradox" by Chantal Mouffe 2000 ** 49 -But this is to miss a crucial point. not only 50 -AND 51 -and the trivialization of the political discourse. 52 - 53 -====Prefer additionally: Double bind – To act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to agonistic conflict: ==== 54 - 55 - 56 -====A. Analytic.==== 57 - 58 - 59 -====B. Analytic.==== 60 - 61 - 62 -====C. Analytic.==== 63 - 64 - 65 -==Offense== 66 - 67 - 68 -====I contend constitutionally protected free speech is consistent with an agonistic pluralism.==== 69 - 70 - 71 -====Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.==== 72 -**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015** 73 -**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG** 74 -Almost 95 percent of the U.S. colleges and universities evaluated by FIRE 75 -AND 76 -to be offended and therefore avoid situations where someone might offend them. 77 - 78 - 79 -====Thought control prevents undermines the formation of well-constructed arguments.==== 80 -Azhar **Majeed**, November 18, 20**'09**, "Defying the Constitution: The Rise, Persistence, And Prevalence Of Campus Speech Codes", Georgetown Journal of Law and Public Policy, Fire.org, https://www.thefire.org/defying-the-constitution-the-rise-persistence-and-prevalence-of-campus-speech-codes/ 81 -Second, speech codes suppress the discussion of disfavored topics and expression of disfavored viewpoints 82 -AND 83 -precisely this coddling effect and therefore should be eradicated from the college environment. 84 - 85 - 86 -====Outweighs – training is key. People are not born as democratic subjects; butler indicates people are socialized into their identity. To create agonistic subjects means to socialize people into that identity. Mouffe 2:==== 87 -**Mouffe 2000 (Chantal Mouffe. Democratic Paradox. Verso Publishing. 2000.)** 88 -"Their concern with the current state of democratic institutions is one that I share 89 -AND 90 -by rationality and impartiality and where a rational universal consensus could be reached." 91 - 92 - 93 -====Constitutionally protected speech solves.==== 94 -**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date** 95 -**Foundation for Individual Rights In Education, "State of the Law: Speech Codes** 96 -**AND** 97 -constitutional freedoms is nowhere more vital than in the community of American schools." 98 - 99 - 100 -====The framework requires working within current governmental structures.==== 101 -Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW) 102 -Mouffe's own affirmation of the importance of extra-institutional movements for an agonistic democracy 103 -AND 104 -not be very effective without access to the institutions of the social order." 105 - 106 - 107 -====This means NEG positions calling for unconstitutional actions don't turn case. 108 -Analytic. ==== - EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2017-01-28 16:48:07.908 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Divyaansh Raj - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Anderson JT - ParentRound
-
... ... @@ -1,1 +1,0 @@ 1 -10 - Round
-
... ... @@ -1,1 +1,0 @@ 1 -4 - Team
-
... ... @@ -1,1 +1,0 @@ 1 -Law Magnet Gao Aff - Title
-
... ... @@ -1,1 +1,0 @@ 1 -JANFEB - Mouffe V2 - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Emory
- Caselist.RoundClass[6]
-
- Cites
-
... ... @@ -1,1 +1,0 @@ 1 -4,5
- Caselist.RoundClass[7]
-
- Cites
-
... ... @@ -1,1 +1,0 @@ 1 -6 - EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2016-12-12 00:43:21.0 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Adesuwa Omoruyi - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Cypress Woods CJ - Round
-
... ... @@ -1,1 +1,0 @@ 1 -5 - RoundReport
-
... ... @@ -1,5 +1,0 @@ 1 -1AC - Accountability AC 2 -1NC - Nominal Damages CP Indemnification CP Depolicing DA 3 -1AR - Same 4 -2NR - Nominal Damages CP Indemnification CP 5 -2AR - Same as 2NR - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Isidore Newman
- Caselist.RoundClass[9]
-
- Cites
-
... ... @@ -1,1 +1,0 @@ 1 -7 - EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2016-12-17 04:52:52.0 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Martin Sigalow - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Montgomery AW - Round
-
... ... @@ -1,1 +1,0 @@ 1 -2 - RoundReport
-
... ... @@ -1,2 +1,0 @@ 1 -1AC - Mouffe 2 -1NC - University K (Cap) - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Strake Jesuit
- Caselist.RoundClass[10]
-
- EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2017-01-28 16:48:06.0 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Divyaansh Raj - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Anderson JT - Round
-
... ... @@ -1,1 +1,0 @@ 1 -4 - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Emory