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... ... @@ -1,97 +1,144 @@ 1 -= YouHave NoClass AC=1 +=Slumdog Skillionare= 2 2 3 3 4 -==Part 1 is Links==4 +==Part 1 is Framework == 5 5 6 6 7 -====Qualified immunity? That's capitalist. **The Internationalist 15** ==== 8 -(Activist group formed in 1998 by Internationalist Group (IG) to combat capitalism. "Killer Cops, White Supremacists: Racist Terror Stalks Black America" http://www.internationalist.org/killercopswstalkblackamerica1507.html) 9 -The entire legal system is based on the recognition that the police are the first 7 +====Prefer a pragmatic conception of truth – we don't verify every truth, just use what's useful for us. James^^ ^^==== 8 +You and I consider ~~the object on the wall~~ to be a "clock." Although no 10 10 AND 11 - –forkillingover1,000civilians ayear isno accident.10 +if everything runs on harmoniously,~~W~~e are so surethatverification is possible that we omit it. 12 12 13 13 14 -==== Immunitydecreasespoliceaccountability– causessocialinjustice.Carter 15====15 - (Tom, contributorand writeratWorld SocialistWebsite."USSupremeCourt expands immunity forkiller cops", https://www.wsws.org/en/articles/2015/11/12/pers-n12.html)16 - Sofar thisyear,morethan1,000peoplehavebeenkilledby13 +====Some judgments are irrefutably normative- only revisionary intuitionism meets. Parfit:==== 14 +On What Matters V2, 2011 books.google.com/books?isbn=0191613452 15 +To introduce this argument, I shall sum up some of my claims. ( 17 17 AND 18 - a jurytrial, casesinvolving thepolice will be decidedbyjudges.17 +whether, when considering these beliefs, we and others could rationally disagree. 19 19 20 20 21 -==Part 2 is Impacts== 20 +====That implies consequentialism. Sinnot-Armstrong: 21 +Walter Sinnott-Armstrong http://plato.stanford.edu/entries/consequentialism/ 22 22 23 - 24 -====Police brutality is caused by capitalist institutions to protect capital. Peterson 14==== 25 - (John, author, writer, and contributor to In Defense of Marxism. "To End Racism and Police Brutality, End Capitalism!". http://www.marxist.com/to-end-racism-and-police-brutality-end-capitalism.htm) 26 -The racism of the police is therefore not merely an ideological construction, the result 23 +Consequentialism also might be supported by an inference to the best explanation of our moral 27 27 AND 28 - hastailoredandcompartmentalized thissocietytobenefittherule of thebourgeoisie.25 + argue in this way, it still might work for rule consequentialists (such as Hooker 2000).==== 29 29 30 30 31 -====Failing to interrogate capitalism causes an endless cycle of police brutality. Hedges 15==== 32 - (Chris, regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books. "Corporate Capitalism Is the Foundation of Police Brutality and the Prison State". http://www.commondreams.org/views/2015/07/06/corporate-capitalism-foundation-police-brutality-and-prison-state) 33 -Our national conversation on race and crime is based on a fiction. It is 28 +==Part 2 is the Plan Text== 29 + 30 + 31 +====The Parliament of India will ban all domestic nuclear production. I reserve the right to clarify.==== 32 +**Parameswaran 11 is the solvency advocate ** 33 +India does not need nuclear energy: Top scientist. Interview with Dr. M. P. Parameswaran, former lead scientist of the Indian AEC and India's first phd in nuclear science. 11-7-11 34 +http://www.dianuke.org/india-does-not-need-nuclear-energy-top-scientist/ 35 +One of the pioneer nuclear scientists in the country says that India can very well 34 34 AND 35 - ideaisthe perfect formulato preserve material distributions intheirexactconfiguration."37 +Indo-Pak war, they probably don't have good backfiles on it. 36 36 37 37 38 -== Part3isSolvency==40 +==Advantage 1 is Colonization== 39 39 40 40 41 -====Text: The United States ought to limit qualified immunity for police officers. I reserve the right to clarify.==== 43 +====India has been expanding its uranium mining, which displaces indigenous peoples in an act of violent colonization==== 44 +Bhadra 11 45 +**"INDIA'S NUCLEAR POWER PROBLEM" Cairo Review. Monamie Bhadra ~~phd Consortium for Science, Policy and Outcomes (CSPO). She is currently a junior fellow of the American Institute of Indian Studies~~** 46 +**After the U.S.-India nuclear deal, the central government set its ** 47 +**AND** 48 +**land, to which they have cultural, economic, and emotional attachments.** 42 42 43 43 44 -====Engaging bureaucratic structures like the state through concrete demands is necessary for material change Frank, 12 ==== 45 -PhD, History, University of Chicago and Political Analyst (Thomas, "To the Precinct Station," Baffler, No. 21, http://www.thebaffler.com/articles/to-the-precinct-station)//SY 46 -Measured in terms of words published per political results, on the other hand, 51 +====To acquire land, Indian government forcibly evicts entire villages, raping women and homes as they do so==== 52 +Bhadra 11 53 +**"INDIA'S NUCLEAR POWER PROBLEM" Cairo Review. Monamie Bhadra ~~phd Consortium for Science, Policy and Outcomes (CSPO). She is currently a junior fellow of the American Institute of Indian Studies~~** 54 +**The neo-liberal policies that brought wealth to technopolises like Bangalore and Chennai sidestepped ** 55 +**AND** 56 +**included the rape and murder of an eighteen-year-old activist.** 57 + 58 + 59 +==Advantage 2 is Radiation== 60 + 61 + 62 +====Mining towns turn people into radiated bodies – thousands dying from cancer and disease==== 63 +Bhadra 11 64 +**"INDIA'S NUCLEAR POWER PROBLEM" Cairo Review. Monamie Bhadra ~~phd Consortium for Science, Policy and Outcomes (CSPO). She is currently a junior fellow of the American Institute of Indian Studies~~** 65 +**The Jharkhand Organization Against Radiation (JOAR) in Jadugoda frames its grievances quite differently** 66 +**AND** 67 +**, including mice, monkeys and rabbits were disappearing from the area."11** 68 + 69 + 70 +==Advantage 3 is Meltdowns == 71 + 72 + 73 +====Ending nuclear production avoids all risk of a meltdown and spurs transition to other energies==== 74 +**Parameswaran 11** 75 +India does not need nuclear energy: Top scientist. Interview with Dr. M. P. Parameswaran, former lead scientist of the Indian AEC and India's first phd in nuclear science. 11-7-11 76 +http://www.dianuke.org/india-does-not-need-nuclear-energy-top-scientist/ 77 +One of the pioneer nuclear scientists in the country says that India can very well 47 47 AND 48 - ,"inwhich theexperienceofprotestingiswhatprotestingisallabout.79 +. They thought that the opposition could be steamrolled," said Dr Parameswaran. 49 49 50 50 51 -====Engaging with the state is key to solve police brutality Starr 15==== 52 -(Terrell Jermaine, senior editor at AlterNet. "Why Police Brutality Is So Hard to End—And What It Will Take to Stop It". http://www.alternet.org/civil-liberties/why-police-brutality-so-hard-end-and-what-it-will-take-stop-it) 53 -If police brutality were just a matter of a few bad apples, it would 82 +**====The newest plants are going to be bigger and more dangerous====** 83 +**Jain 12** 84 +Neeraj Jain, convenor of Lokayat, a social activist group in Pune, Maharashtra, that is part of the all-India National Alliance of Anti-Nuclea 85 +Movements (NAAM). Jain, who trained in electrical engineering, is the author of Nuclear Energy: Technology from Hell (Aakar Books, Delhi 2012). India: 'Nuclear energy is not a national issue – it is a global issue' — anti-nuclear movement gains momentum http://links.org.au/node/3049 86 +Additionally, there are several new factors that are contributing to the growing intensity of 54 54 AND 55 - is likelythatmorecitiesbeyondBaltimore willseeuprisingsoftheirown.88 +the consequence of a nuclear accident would be devastating and of unimaginable proportions. 56 56 57 57 58 -====The 1AC's combination of radical pedagogy and legal pressure is the only way to ensure social change occurs – Civil Rights empirics Prove Reed 15==== 59 -**Reed, PhD, 15** 60 -(Adolph, professor of political science at the University of Pennsylvania. Summer, https://www.jacobinmag.com/2015/10/adolph-reed-black-liberation-django-lincoln-selma-glory/) 61 -After decades of frustration with what Selma filmmaker Ava DuVernay calls "white savior" 91 +===Earthquakes/Tsunamis=== 92 + 93 + 94 +====India's building on earthquake-prone ground==== 95 +**DNA 11** 96 +Should India go ahead with the Jaitapur nuclear power plant after Japan's nuclear reactor meltdown? Saturday, Mar 12, 2011, 19:32 IST 97 +In the aftermath of the earthquake of magnitude 8.9 in Japan, the 62 62 AND 63 -t o defeat thefew.Anyotherfocusis eitherunserious or retrograde.99 +intensity from 2.9 to 6.3 on the Richter scale. 64 64 65 65 66 -==Part 4 is ROB== 102 +====And tsunami risks==== 103 +Ehtisham 13 104 +Is India's nuclear arsenal safe? By Hasan Ehtisham (MSc in Defence and Strategic studies) 105 +In India, nuclear facilities on coastlines are exposed to natural disasters like the monstrous 106 +AND 107 +exposure that were reported at Tarapur, which is India's first nuclear station. 67 67 68 68 69 -==== TheROBisto voteforthedebaterthat best solvesfor capitalism – onlythen can we give voices tothose deemed anonymized. Zizek and Daly 04====70 - ~~Glyn.Lecturerin InternationalStudies attheUniversity CollegeNorthampton;SlavojZizek, worldfamousphilosophy onpsychoanalysisandcapitalism; Conversationswith Žižek. 14-19~~71 - For Žižekitisimperativethat we cutthroughthisGordianknotofpostmodernprotocol110 +====A big meltdown would kill millions==== 111 +Wasserman '02 (Harvey, Senior Editor – Free Press, Earth Island Journal, Spring, www.earthisland.org/eijournal/new_articles.cfm?articleID=457andjournalID=63) 112 +The intense radioactive heat within today's operating reactors is the hottest anywhere on the planet 72 72 AND 73 - politicalboutiquismthatisreadilysustainedby postmodernformsof consumerismand lifestyle.114 +core of our life and of all future generations must be shut down. 74 74 75 75 76 -== UV==117 +==Advantage 4 is Nuke War== 77 77 78 78 79 -==== Capitalism,throughtheconcept of industry, has transformedhumansintoaresourceof production.**Deleuzeand Guattari,72====**80 - (GillesDeleuze~~ProfessorofPhilosophyatthe Universityof Paris~~ANDFelixGuattari~~Activist andPsychoanalyst,workedatLaBorde~~. Anti-Oedipus1972p.4)81 - "Second,wemakenodistinctionbetweenman andnature:the humanessence120 +====India is expanding their nuclear weapons arsenal. Pillalamarri 15==== 121 +Pillalamarri, Akhilesh. (Pillalamarri is a graduate at the Elliott School of International Affairs at George Washington University, is a columnist at the Diplomat and the National Interest.) "India's Nuclear-Weapons Program: 5 Things You Need to Know." The National Interest. N.p., 22 Apr. 2015. Web. 13 Sept. 2016. http://nationalinterest.org/feature/indias-nuclear-weapons-program-5-things-you-need-know-12697?page=show. BS 122 +India is expanding its stock of nuclear weapons, but not as fast as Pakistan 82 82 AND 83 - speciesaresomehowlessenedbecausetheywerenever"disclosed"byhumanity.124 +other nuclear material for weapons. India hopes to soon operate thorium reactors. 84 84 85 85 86 -====Discourse focus dematerializes oppression and creates the illusion of effective resistance Smulewicz Zucker 15==== 87 -**Smulewicz-Zucker, managing editor and Thompson, PHD, 15 ** 88 -(Gregory, Adjunct Prof. of Philosophy @Baruch and Michael J. , Associate prof. Political Theory @William Patterson http://logosjournal.com/2015/thompson-zucker/) 89 -What we are calling here a "treason of intellectual radicalism" can be seen 127 +===Indo-Pak War=== 128 + 129 + 130 +====Expansion of weapons is already causing an arms race between India and Pakistan; it's likely to escalate. Barno and Bensahel 15==== 131 +Barno, David, and Nora Bensahel. (Barno is a distinguished practitioner in residence at the School of International Service at American University. Bensahel, Ph.D. is a distinguished scholar in residence at the School of International Service at American University They are both nonresident senior fellows at the Brent Scowcroft Center at the Atlantic Council.)"A Nuclear War between India and Pakistan Is a Very Real Possibility." Quartz. N.p., 04 Nov. 2015. Web. 14 Sept. 2016. http://qz.com/541502/a-nuclear-war-between-india-and-pakistan-is-a-very-real-possibility/. BS 132 +These stakes are even higher, and more dangerous, today. Since 2004, 90 90 AND 91 - isaside-constraintonwhatIcanbe expectedtoprep.134 +between the two national security advisers was cancelled after disagreements about Kashmiri separatists. 92 92 93 93 94 -====3. Aff gets RVI's on theory ==== 95 - a) Checks frivolous theory by punishing it 96 - b) Reciprocity: theory's a no-risk issue for you, but a nib for me; you'll kick it if i answer it 97 - c) 6-4 time skew: You can always collapse to the topic I undercover most. 137 +===China-India War=== 138 + 139 + 140 +====India's expanding arsenal is influencing more aggressive foreign policy with China which caues border disputes that would escalate. Ahmed 14==== 141 +Ahmed, Ali. (Ahmed, PhD is a freelance analyst) "China and India: Nationalism and Nuclear Risk." The Diplomat. The Diplomat, 18 Dec. 2014. Web. 14 Sept. 2016. http://thediplomat.com/2014/12/china-and-india-nationalism-and-nuclear-risk/. BS 142 +To be sure, the two states have considerable depth in both territory and forces 143 +AND 144 +in the deterrence logic of the "threat that leaves something to chance." - EntryDate
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... ... @@ -1,55 +1,0 @@ 1 -I affirm that Resolved: The United States ought to limit qualified immunity for police officers. 2 -First, let me offer the following definitions for clarification in the round: 3 -Meriam Webster Dictionary. 4 -Limit-a point which someone is not allowed to go beyond. 5 -Ought-moral obligation. 6 -Qualified Immunity- 7 -QI is a primary tool that props up and holds a police state together, 8 -Pattis, Norm. (Pattis is a lawyer focused on high stakes criminal cases and civil right violations. He is a veteran of more than 100 jury trials.) "Qualified Immunity And The Police State." Norm Pattis Blog. N.p., 16 Oct. 2010. Web. 30 Oct. 2016. 9 -http://www.pattisblog.com/index.php?article=Qualified_Immunity_And_The_Police_State_2675. ~~Premier~~ 10 -I get many calls each week from people who believe they have been abused by the police. That is because for many years I was at the forefront of police misconduct litigation. But these days I rarely file a complaint against police officers. It is not that I have become a police groupie. Rather, I've read the handwriting on the wall. In the past decade, there has been a silent coup d' etat. Our courts have transformed themselves into the guardians of a police state in a stunning, and largely unnoticed, act of judicial activism. Their primary tool was a tricky legal doctrine known as qualified immunity. This coup has gone unnoticed by the general public. Even academics seem blind to its import. Practitioners know better. Consider the following fact pattern: A man calls to complain that his son was brutalized by local law enforcement officers. He was hit with fists, kicked and subjected to high-voltage shock by a police officer using a Taser. The man is angry. How could police do this? I ask what crime the boy was charged with. The man seems surprised by the question. How had I known his son had been arrested? I know the boy must have been charged with interfering with a police officer, a charge that makes it a misdemeanor to obstruct, hinder or delay an officer in the performance of his lawful duty. Just what does this mean? The statute is so broad that almost anything other a supine bending of the knee is a crime. Police routinely charge the crime when force is used to take a person into custody. It is the first line of defense against a charge of unreasonable force: We needed to use force against resistance. The boy's father did not want to hear a word of it. How can a boy in handcuffs resist arrest?, he asks with scorn. I tell him about cases I have seen. Young men in handcuffs who kicked out windows of police cruisers, in one case kicking so hard as to dislodge a car door from its joints. I try to explain that the law permits the police to use reasonable force to overcome a person's resistance. There are many judges who would conclude that the use of a Taser is justified against a person wildly kicking while cuffed. Bringing a civil action against the police carries with it a substantial risk that the case will be thrown out by a judge granting the police officers qualified immunity. 11 -This definition is important for two reasons: 12 -First, it notes that the police are mainly an institution for the protection of society's agreed upon rights. 13 -Second, it acknowledges that qualified immunity is not an absolute but conditional to a judgment about the police behavior in relation to establish legal norms. 14 -Framework 15 -I value Democracy. Ripstein 09 16 -Ripstein, Arthur. Force and Freedom. 2009. 17 -The second problem ~~in the state of nature~~ concerns the enforcement of rights consistent with the freedom of everyone. Like the argument about property, it is driven by the tension between unilateral choice and freedom under universal law. Where the property argument focuses on the power to put others under new obligations, the assurance argument focuses on the entitlement to enforce existing rights, and does not "require a special act to establish a right."16 Every right is a title to coerce and a part of a system of rights un- der universal law. Kant's argument shows that these aspects of rights can only be reconciled through public assurance. To bring it into focus, put the other two problems aside and imagine that people have somehow acquired property, and that there is no controversy about exactly what belongs to whom. In this situation, without public enforcement, people lack the assurance that others will refrain from interfering with their property and, as a result, have no obligation to refrain from interfering with the property of others. The basic thought is that without such a system, nobody has a right to use force (or call on others to do so) to exclude others from his or her property, so nobody has an enforceable obligation to refrain from interfering with the property of others. 18 -Democracy is essential to the American context of policing for three reasons. 19 -Democracy is the basic governmental and normative framework for all groups of people in the American society. 20 -Democracy both upholds the rights of individuals and the need for the general welfare. 21 -Democracy ensures the upholding of the rule of law for all individuals. 22 -Criterion 23 -We uphold democracy by ensuring the protection of rights. 24 -Contention 1: Qualified Immunity undermines the authority of the law. 25 -Qualified immunity is currently too widespread and too arbitrary. 26 -Hassel, Diana. (Associate Professor, Roger Williams University School of Law) "Living a Lie: The Cost of Qualified Immunity." Missouri Law Review 64.1 (1999): 123-156. ~~Premier~~ 27 -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 of the real limitations that exist in civil rights law. Civil rights law is, in effect, being designed in the dark. Distinctions are being made about the types of cases that will receive compensation and the types that will not. These distinctions are not articulated as such; instead, the results are understood to be the result of the qualified immunity defense. As we have seen, for example, a procedural complaint in the context of an employment dispute is more likely to survive the qualified immunity defense than is a complaint about whether a police officer used excessive force in the arrest of a dangerous suspect. Rather than organizing civil rights law in these categorical ways, however, qualified immunity makes the civil rights remedial system appear to be about individual cases and the reasonableness of individual defendants. Current qualified immunity doctrine serves as a means to diffuse conflict. Without a clear rule that some kinds of civil rights harms will not be redressed, there is minimal pressure for change. This "hiding of the ball" quality of qualified immunity is why, in spite of many expressions of dissatisfaction with the system, there had been little effective rallying for change. The reason the discontent of the participants in this system has not led to a significant change is that the terms of the debate are defined by the immunity system rather than by the fundamental question of the extent of rights and liabilities in civil rights actions. The civil rights remedial scheme organized around qualified immunity thus has an inherently self-preserving or stabilizing quality. It allows for tinkering at the margins, but fundamental recasting of the terms of the debate is unlikely. My assertion that qualified immunity has a camouflaging effect on civil rights law is supported by a large body of scholarship that explores legal regimes that define reality in a way that limits the ability of the participants in the system to change it.'27 These scholars argue that when a legal system is accepted as being the only available way to organize an activity and thus seems inevitable, the legal system encourages acceptance of the status quo. 28 The insights gained by scholars working in this area are helpful to apply to the qualified immunity standard in order to explore its hold on the civil rights imagination. This analysis maps out the way a doctrine such as qualified immunity can develop into an obstacle to the very aims it professes to accomplish. 28 -The problem with the use of qualified immunity is that it gives too much authority to individual judges. And, there is no clear set of standards as to when it applies in cases of police misconduct. 29 -There is no Constitutional authority for using Qualified Immunity. 30 -Qualified immunity has no legal basis, which leads to inconsistent application. Burney 16 31 -Nathaniel Burney (Lawyer, former assistant to chief justice Warren Burger). "A Tiny Bit More on Qualified Immunity." The Criminal Lawyer. 11 32 -February 2016. http://burneylawfirm.com/blog/2016/02/11/a-tiny-bit-more-on-qualified-immunity/ ~~Premier~~ 33 -The problem was, the Supreme Court made up Qualified Immunity out of whole cloth. They tried to find an existing legal principle to justify it, but when the law was enacted in 1871 there really wasn't one. So they invented it. Instead of basing it on legal principles, they based it on "policy" principles, which translates to "what we think is best." That's a problem. When the Court replaces what the law is with what it thinks the law ought to do, things get really messy. Cases get decided based on the desired outcome, rather than on the application of a consistent and predictable legal standard. When you see confusing, inconsistent, or irreconcilable lines of cases, this is often the explanation. The rulings meander because they're rudderless. 34 -Impact-The use of qualified immunity is not grounded in clear constitutional principles or standards. This creates inconsistency with the Constitution and leads to an undermining in the public faith in the basic institutions of law and security. 35 -Contention 2-Qualified Immunity violates the basic rights that we have to provide oversight over police. 36 -Our basic rights to free speech are necessary to hold public institutions accountable. Slaughter 15 37 -Matthew Slaughter (Law clerk to the Honorable Karen L. Hayes of the United States District Court for the Western District of Louisiana). "First Amendment Right to Record Police: When Clearly Established is Not Clear Enough." John Marshall Law Review. Volume 49, Issue 1, Article 4. Fall 2015. http://repository.jmls.edu/cgi/viewcontent.cgi?article=2437andcontext=lawreview ~~Premier~~ 38 -A prevailing argument against a citizen's right to record police activity in public is that the police and the public's privacy interests are violated by such conduct. 189 However, law enforcement agencies around the country have equipped individual police officers with recording technology to film the public while conducting their official duties.190 Since most police departments have instituted some form of recording device on police officers and police cars, it displays the inherent double standard the State wishes to employ.191 Studies have shown that these programs do work and police departments with officer-worn recording devices have seen a drastic decrease in officer-related incidents and formal complaints filed with police departments.192 The only reason for police departments to suppress citizen recordings is to have just one perspective , the officer's perspective. The State would prefer to have its side of alleged incidents on the evidentiary record without any opposing viewpoints.193 As Jesse Alderman argues, the probative value of these recordings makes them essential to trials and hearings.194 39 -QI stops the public's ability to critique the police on their extreme violation of rights. Derrick 13 40 -Geoffrey J. Derrick (Fellow, Center for Appellate Litigation, New York, NY. J.D., magna cum laude, 2012, Boston University School of Law; B.S., 2007, Northwestern University). "Qualified Immunity and the First Amendment Right to Record Police." 22 B.U. Pub. Int. L.J. 243 (2013). https://ssrn.com/abstract=2202388 ~~Premier~~ 41 -The doctrinal shift from Saucier to Pearson coincides with the increase in civil rights litigation nationwide concerning the First Amendment right to record police officers in public.27 Two recent cases, American Civil Liberties Union of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012), cert. denied, 133 S. Ct. 651 (2012), and Glik v. Cunniffe, 655 F.3d 78 (1st Cir. 2011), have affirmed a First Amendment right to record police in public. Most other lower federal courts to address the issue since Pearson have avoided the merits of whether arresting or threatening to arrest citizens for recording the police violates the First Amendment, instead finding a qualified immunity defense because the First Amendment right to record was not clearly established in their respective Circuits.28 Indeed, the Circuits are split over whether the First Amendment right to record police is clearly established in their case law.29 The uneven recognition of this federal right is likely to generate further litigation in the federal courts and make it a recurring constitutional question that has important consequences for both First Amendment doctrine and the traditional role of citizens to monitor the conduct of government officials. Pearson's flexible qualified immunity analysis impedes the resolution of this open issue because the unguided discretion of lower courts may never result in adjudication on the merits. The common law development of this and other federal constitutional rights ossifies when courts repeatedly reach the question of immunity but not the merits.30 The current nationwide civil rights litigation concerning the First Amendment right to record police officers in public illustrates the pressing need for standards to guide judicial discretion over whether to reach the merits in First Amendment cases.31 Judges that choose to decide these cases on immunity grounds—that the First Amendment is not "clearly established" in their Circuit— risk chilling protected speech by leaving the right in limbo. Citizens are less likely to record police in two-party consent states if First Amendment doctrine is not sufficiently developed in their Circuit to provide a defense to wiretapping charges or to sustain a later civil lawsuit. The thesis of this article is that the unique consequence of chilling protected speech that flows from immunity findings in First Amendment qualified immunity cases demands Saucier's merits-first adjudication. Saucier's mandatory sequencing would counteract the ossification of the First Amendment right to record because a determination of whether the right actually exists is the strongest evidence for future courts in assessing whether such a right was "clearly established" in the Circuit.32 At the very least, courts deciding civil rights lawsuits alleging a violation of the First Amendment should use their discretion under Pearson to consider whether an immunity finding might have a chilling effect. 42 -Impact: The ability for the public to record and then hold police accountable is a basic right of free speech. It is also recognized as the best way to hold public officials accountable for protection of rights and social order. 43 -Contention 3-Loss of legitimacy leads to distrust between police and minority communities. 44 -Institutional Racism has become an apparent and widespread problem for police departments. Armacost 16 45 -Barbara Armacost, "Organizational Reasons Police Departments Don't Change", Harvard Business Review, 2016. 46 -There is an additional, systemic factor that has played into the summer's violence, as evidenced by the recent Department of Justice reports on Ferguson and Baltimore: widespread patterns of systemic racial bias affect police officers' conduct, including their use of force. African Americans are more likely to be stopped, frisked and arrested, and are two-and-one-half times more likely to be shot by police than whites, differences that have not been adequately explained by crime rates level of threat or bad neighborhoods. 47 -Qualified Immunity has shielded police departments from reform. Balcerzak 86 48 -Stephanie E. Balcerzak (Court of Appeals, Seventh Circuit, 1986 term; BA, Georgetown; JD, Yale). "Qualified Immunity for Government Officials: The Problem of Unconstitutional Purpose in Civil Rights Litigation." The Yale Law Journal, Vol. 95, No. 1 (Nov., 1985), pp. 126-147. http://www.jstor.org/stable/796123 ~~Premier~~ 49 -The practice of allocating to the jury legal questions concerning an official's qualified immunity defense can seriously impair the interest of a plaintiff in a civil rights action. As difficult as it is for a judge to ascertain whether a constitutional right is "clearly established,"" it is practically impossible for a jury to make such a determination. If a jury were forced to grapple with the question of law posed by the Harlow immunity inquiry, a trial within a trial would be required, "with the jury hearing 'evidence' of the state of law, trends in the law, and clarity of the law."67 However, because evaluating the relative strength of competing legal positions is both a difficult and technical task, even a properly instructed jury would be decidedly illequipped to determine, for instance, whether the use of tear gas on an inmate confined to his prison cell constitutes a form of corporal punishment that clearly violates the Eighth Amendment.68 In light of the technical complexity inherent in the Harlow immunity inquiry, there is a great risk that a jury instructed to resolve the immunity issue will misunderstand the distinction between the plaintiff's substantive claim and the official's immunity defense and will consequently resort to traditional tort notions of reasonableness to evaluate the legal validity of the official's defense.69 Did the official act reasonably under the circumstances? Did the official have a reasonable belief in the lawfulness of his actions? Answering these questions may lead a jury to grant an official qualified immunity even if he violated a clearly established constitutional right as long as he acted with a good-faith belief that the purpose or intent underlying his conduct was not constitutionally proscribed.70 50 -This has led to public protest against police and a resulting effect of less assertive policing. Minority communities are the most disadvantaged by this loss of police and public order. Mac Donald 16 51 -Heather Mac Donald, "More on the "Ferguson Effect," and responses to Critics", July 21, 2016, Volokh Conspiracy: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/07/21/more-on-the-ferguson-effect-and-responses-to-critics/?utm_term=.9438c529219f 52 -Bottom line: Crime in cities with large black populations rose at alarming rates last year. Nashville had an 83 percent increase in homicides; Milwaukee was up 72 percent; and Cleveland, over 90 percent. Baltimore had its highest per capita homicide rate in its history. Overall, in the 56 largest cities, homicides were up 17 percent, a nearly unprecedented one-year increase. Last year's crime increase is continuing this year, with Chicago being perhaps the prime example of the Ferguson Effect: a 90 percent drop in pedestrian stops, and people being shot on a daily basis — more than 2,200 so far this year, nearly all black and nearly all shot by other blacks, not by police officers, who have committed 0.5 percent of all shootings. 53 -Impact: The loss of trust in the police department due to violations of rights and the lack of accountability both violates the basic rights of democracy and the social order needed for a democratic state. Qualified immunity undermines democracy by allowing police to do extreme behavior. And, it creates the very distrust between police and communities that undermines the conditions needed for citizenship engagement and oversight of public institions. 54 - 55 -For all these reasons, I affirm the resolution to LIMIT Qualified Immunity. - EntryDate
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... ... @@ -1,1 +1,0 @@ 1 -2 - Team
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... ... @@ -1,1 +1,0 @@ 1 -Loyola Overing Aff - Title
-
... ... @@ -1,1 +1,0 @@ 1 -LayNovice Aff - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Damus Invitational
- Caselist.RoundClass[0]
-
- Cites
-
... ... @@ -1,1 +1,0 @@ 1 -0 - EntryDate
-
... ... @@ -1,1 +1,1 @@ 1 -2016- 11-0618:23:55.01 +2016-09-17 17:52:43.0 - Judge
-
... ... @@ -1,1 +1,0 @@ 1 -Ivens-Duran - Opponent
-
... ... @@ -1,1 +1,1 @@ 1 -S anMarinoED1 +St Thomas NW - Round
-
... ... @@ -1,1 +1,1 @@ 1 - 31 +2 - Tournament
-
... ... @@ -1,1 +1,1 @@ 1 - Damus Invitational1 +Greenhill
- Caselist.RoundClass[1]
-
- Cites
-
... ... @@ -1,1 +1,0 @@ 1 -1 - EntryDate
-
... ... @@ -1,1 +1,0 @@ 1 -2016-11-06 18:27:00.0 - Opponent
-
... ... @@ -1,1 +1,0 @@ 1 -Brentwood KM - Round
-
... ... @@ -1,1 +1,0 @@ 1 -2 - Tournament
-
... ... @@ -1,1 +1,0 @@ 1 -Damus Invitational