Changes for page Lexington Balachundhar Aff
on 2016/11/11 19:24
on 2016/11/12 00:20
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... ... @@ -1,68 +1,86 @@ 1 -The role of the ballot is to embrace the politics of black lives matter to use meritocratic policy discussion to resolve material conditions of antiblackness. 2 -Academia has been subsumed by antiblackness, education must imagine new futures independent of whiteness 3 -Quick 6-21 Kimberly Quick (The Century Foundation. Policy Associate), 6-21-2016, "Why Black Lives Matter in Education, Too," Century Foundation, https://tcf.org/content/commentary/black-lives-matter-education/ NB 4 -Last month, the 1 +=1AC= 2 + 3 + 4 +===Framing=== 5 + 6 + 7 +====1. Debate should deal with questions of real-world consequences—ideal theories ignore the concrete nature of the world and legitimize oppression.==== 8 +Curry 14** ~~Dr. Tommy J. Curry 14, "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century", Victory Briefs, 2014, BE~~** 9 +Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real 5 5 AND 6 -from the concept. 7 -Black lives matter isn’t futurism – state movements build coalitions necessary to spur self coalition and revalue black life and agency by restoring culture 8 -Bailey 15 Bailey, Julius, and David J. Leonard. "Black Lives Matter: Post-Nihilistic Freedom Dreams." Journal of Contemporary Rhetoric 5.3/4 (2015): 67-77.KB 9 -Three simple words: Black- 11 +used to currently justify the living wages in under our contemporary moral parameters. 12 + 13 +Our different upbringings as children bias us to value different things, objective moral standards do not exist, instead we must be pluralist. ==== 14 +**we should recognize the plurality of view for other people. Objective standards don’t exist and you shouldn't be able to perpetuate one notion of identity. ** 15 +**Causal forces takes out ideal theory because you must be informed of the empirical of ** 16 +**AND** 17 +relations (of. May, 1987, pp. 22-23). 18 + 19 + 20 +====4. Global justice requires a reduction in inequality and a focus on material rights.==== 21 +**Okereke 07** ~~Chukwumerije Okereke (Senior Research Associate at the Tyndall Centre for Climate Change Research at the University of East Anglia). Global Justice and Neoliberal Environmental Governance. Routledge 2007~~ 22 +Notwithstanding these drawbacks, these scholars provide very compelling arguments against mainstream conceptions of justice 10 10 AND 11 -happen in the current moment. 12 -Causal processes predispose us to certain types of reasoning. Particular morality must deconstruct oppression and be historically informed– identity critique is no more radical than ideal political philosophy that essentializes groups 13 -YOUNG 90 Iris Marion Young. Professor of Political Science at the University of Chicago. “Justice and the Politics of Difference.” Princeton University Press. 1990 KB 14 -Impartial reason aims to adopt a point of view outside concrete situa tions of action, a transcendental "view from nowhere" that carries the perspective, attributes, character, and interests of no particular subject or set of subjects. This ideal of the impartial transcendental 24 +satisfy their aspirations for a better life. (WCED 1987: 43). 25 + 26 + 27 +===Offense=== 28 + 29 + 30 +====Police violence is common and enforcement atomizes individuals who are people of color, differently abled, and minorities - civil liability reform is the first step==== 31 +Stefan 16** ~~De Stefan, Lindsey, (J.D. Candidate, Seton Hall Universtiy 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" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student'scholarship/850 ~~ NB** 32 +In recent months, it has been impossible to ignore the overwhelming presence of police 15 15 AND 16 -o fsocialrelations(of. May,1987, pp.22-23).34 +liability enjoyed by law enforcement officers alleged to have violated individual constitutional rights. 17 17 18 18 19 -Plan 20 -Thus, the plan: Resolved- The United States Federal Government should ban qualified immunity for police officers through strict liability. 21 -This ensures litigation against harm regardless of police intent and reforms police behavior 22 -- Answers departments turns case bc 1. Policing is shitty rn so theres no uniqueness to a marginal increase so try or die for the aff to improve policing 2. Police wouldn’t arrest frivolously bc frivolous arrests bring litigation in a feedback cycle, only good arrests will be pursued to avoid shit, insurers will get pissed so indemnity doesn’t take this out 23 -Veksler 07 Veksler, David. "The One Minute Case For Strict Civil Liability Of The Justice System". One Minute Cases. N. p., 2007. Web. 4 Nov. 2016.KB 24 -What is the problem 37 +====Judges allow the police to get away with anything- people are deterred from filing lawsuits ==== 38 +Pattis 16 ~~bracketed for ableist rhetoric~~ **Pattis, Norm. Management, Elite. "Norman Pattis Blog". Norm Pattis Blog. N. p., 2016. Web. 25 Oct. 2016.KB** 39 +I get many calls each week from people who believe they have been abused by 25 25 AND 26 -p ushingforenforcement.41 +accomplices in a police state; most of them don't even realize it. 27 27 28 -Uniqueness 29 -Police violence is common place- squo civilian oversight isn’t sufficient –people sue 1 of the time because of QI and police get away with force on millions 30 -A. Civil complaints are too informal and departments ignore them so people who complain are deterred from suing – legal lawsuits are binding and attorneys help establish clear precedent to create department policy change – the only barrier is qualified immunity 31 -B. Creates uniqueness for lawsuits – 1 of people file lawsutis because they find complains easier, lawyers don’t pick up cases cuz QI, and even lesser cases that are picked up are successfully taken through 32 -Schwartz 11 Schwartz, Joanna C. "What Police Learn from Lawsuits." Cardozo L. Rev. 33 (2011): 841. Joanna Schwartz is a Professor of Law at UCLA School of Law. She teaches Civil Procedure, the Civil Rights Litigation Clinic KB 33 -Although almost every police department has a policy to accept and investigate civilian complaints against police personnel,121 there are four reasons to 43 + 44 +====Qualified immunity requires clear precedent and favors officers- that allows judges to avoid setting new rights==== 45 +Carbado 16 **~~Drew Carbado (Honorable Harry Pregerson Professor of Law, UCLA), "Blue-on-Black Violence: A Provisional Model of Some of the Causes," Georgetown Law Journal Vo. 104, 2016.~~ ** 46 +Qualified Immunity: Perhaps a more fundamental barrier to holding police officers ac- countable 34 34 AND 35 -improperly sent to probate. 36 -QI enables judges to hack for the police due to the reasonability standard so people are deterred from suing – allowing police to get away with anything – empirics confirm, justice delayed is better than no justice at all 37 -Pattis 16 bracketed for ableist rhetoric Pattis, Norm. Management, Elite. "Norman Pattis Blog". Norm Pattis Blog. N. p., 2016. Web. 25 Oct. 2016.KB 38 -I get many calls each week 48 +a significant doctrinal hurdle to holding police officers accountable for acts of violence. 49 + 50 + 51 +====We affirm the resolution- the United States ought to limit qualified immunity for police officers==== 52 + 53 + 54 +====Affirming prevents police officers from doing bad things. ==== 55 + 56 + 57 +====1. Precedent and Cooperation- litigation establishes clear precedents for the future and fosters trust in the community ==== 58 +Stefan 16** ~~De Stefan, Lindsey, (J.D. Candidate, Seton Hall Universtiy 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" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student'scholarship/850 ~~ NB** 59 +Altering the qualified immunity doctrine is an excellent way to begin the path to restoring 39 39 AND 40 -most of them don't even realize it. 41 -Cognitive evidence proves people hack for the police because of the lack of constitutional precedent 42 -Leong 8: Nancy Leong. October 11, 2008. Social Sciences resource network. The Saucier qualified immunity experiment: An empirical analysis. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1282683.RW 43 -This paper provides 61 +immediate way to rebuild trust and begin healing the citizen-police relationship. 62 + 63 + 64 +====2. Department Analysis- even if civilians don't win compensation- lawsuits create reform and police know their behavior will be watched==== 65 +Schwartz 11 **~~Schwartz, Joanna C. "What Police Learn from Lawsuits." Cardozo L. Rev. 33 (2011): 841. Joanna Schwartz is a Professor of Law at UCLA School of Law. She teaches Civil Procedure, the Civil Rights Litigation Clinic~~ KB** 66 +Lawsuits are widely recognized to compensate and deter; this Article shows suits can also 44 44 AND 45 -t hat wasunlawful."46 - Solvency47 - Deterrance solves:48 - 1.Courtprecedentandco-op,litigationestablishesprecedent which expedites trials and provides rightswhichbuildstrustand accountability49 - Stefan16DeStefan,Lindsey,(J.D.Candidate,Seton HallUniverstiySchoolof Law;B.A.RamapoCollege ofNewJersey."“NoManIs AbovetheLawandNoManIsBelowIt:”HowQualifiedImmunityReformCould CreateAccountabilityandCurb Widespread PoliceMisconduct"(2017). LawSchoolStudentScholarship.Paper850.http://scholarship.shu.edu/student_scholarship/850NB50 - Alteringthequalified68 +to create multiple, new, and even redundant sources of information."253 69 + 70 + 71 +====3. Accountability- Internal concessions from cop polls prove litigation only chills bad policing but incentivizes good policing ==== 72 +Ferdik 13 **~~Ferdik, 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. Joint IPES, Coginta, and DCAF, Wroking Paper Series in a on open forum for the global community of police experts, researchers, and practioners provided by the International Police exeecrutive Symposium. Department of Criminology and Criminal Justice. University of South Carolina.August 2013~~ NB** 73 +It appears that civil litigation may also be a concern for police administrators. For 51 51 AND 52 -citizen-police relationship. 53 -2. Police fear liability, negative reputation, and losing their jobs, indemnification allows poorer cops to comply too 54 -Schwartz 14 Schwartz, Joanna C. “Police Indemnification” Assistant Professor of Law, University of California, Los Angeles, School of Law. New York University Law Review. 2014 NB 55 -Others will argue that, despite 56 -AND 57 -indemnified by the city, which pays settle- ments and judgments against officers out of a general fund. 58 -Independently, qualified immunity masks other methods of the CJS that maintain racial violence. 59 -Hassel 99 Hassel, Diana. "Living a Lie: The cost of Qualified Immunity" Winter 1999. Volume 64. Missouri law Review. Available at: http://scholarship.law.missouri.edu/mlr/vol64/iss1/9 NB 60 -The problem with qualified immunity is not so much that the outcomes are sometimes unfair but the fact that qualified immunity blocks a clear view 61 -AND 62 -from us the tools required for reform. 75 +of Study- Evaluates a large quantity of police chiefs and various departments- 63 63 64 -Particularity is a gold standard and policy simulation is good – truth doesn’t exist in abstract or its divorced from empirical specificity – political critical theory’s totalizing claims cede the political and are totalizing 65 -Zanotti 13 Zanotti 13 Laura, associate professor of Political Science at Virginia Tech., Ph.D. from the University of Washington in 2008 and joined the Purdue University faculty in 2009. “Governmentality, Ontology, Methodology: Re-thinking Political Agency in the Global World”, originally published online 30 December 2013, DOI: 10.1177/0304375413512098, P. Sage Publications KB 66 -Unlike positions that adopt governmentality as a descriptive tool and end up embracing the liberal substantialist ontological assumptions and epistemological framework they criticize, positions that embrace 77 + 78 +====Indemnification doesn't deter officers- they still worry about negative relations, and it’s the only way to compensate plaintiffs.==== 79 +Schwartz 14 **~~Schwartz, Joanna C. "Police Indemnification" Assistant Professor of Law, University of California, Los Angeles, School of Law. New York University Law Review. 2014~~ NB** 80 +Others will argue that, despite indemnification, police officers are still in danger of 67 67 AND 68 -static recipes for action. 82 +pays settle- ments and judgments against officers out of a general fund. 83 +====Observations:==== 84 + 85 + 86 +====The negative must defenda world where they only allow qualified immunity because the resolution asks whether or not qualified immunity is good or bad. ==== - EntryDate
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