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-Federal judges are burning out with skyrocketing casework- the brink is now |
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-Bendery 15 Jennifer Bendery, 9-30-2015, "Federal Judges Are Burned Out, Overworked And Wondering Where Congress Is," Huffington Post, span class="skimlinks-unlinked"http://www.huffingtonpost.com/entry/judge-federal-courts-vacancies_us_55d77721e4b0a40aa3aaf14b/span NB |
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-WASHINGTON — It was Labor Day AND the help they absolutely need.” |
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-QI forces lower courts to make conflicting decisions making appeals more likely and kills future precedent setting which increases the number cases requiring more time |
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-Blum 14 Karen M. Blum Suffolk University Law School Qualified Immunity Karen M. Blum is a professor of Law at Suffolk University Law School in Boston, where she teaches Federal Courts and Police Misconduct Litigation. She received her B.A. from Wells College, a J.D. from Suffolk University Law School and an LL.M. from Harvard Law School. Professor Blum has been a regular faculty participant in section 1983 civil rights programs and institutes throughout the United States. In addition, she serves as a faculty member for numerous workshops sponsored by the Federal Judicial Center for federal judges and federal magistrate judges. She has authored numerous articles in the section 1983 area and is co-author, along with Michael Avery and David Rudovsky, of Police Misconduct: Law and Litigation (3d ed. 2014–15). |
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-Deciding the constitutional question first AND constitutional avoidance.” Id. at 821 |
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-Judicial resources are overstretched but qualified immunity doctrine allows quick dismissal of frivolous suits – the plan would clog the courts |
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-Putnam and Ferris 92 (Charles Putnam, Senior Assistant Attorney General, Office of the New Hampshire Attorney General, J.D. 1985, University of Connecticut. Charles Ferris, J.D. 1992, Franklin Pierce Law Center, Concord, New Hampshire.)“DEFENDING A MALIGNED DEFENSE: THE POLICY BASES OF THE QUALIFIED IMMUNITY DEFENSE IN ACTIONS UNDER 42 U.S.C. § 1983” BRIDGEPORT LAW REVIEW QUINNIPIAC COLLEGE Volume 12 Number 3 Spring 1992 LADI |
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-A second policy consideration present in AND not actionable under section 1983.2 |
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-Court clog leads to poor decisions and hurts the minorities the worst- turns case |
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-Brunt 15 Alexa Van Brunt, "Poor people rely on public defenders who are too overworked to defend them" Guardian, http://www.theguardian.com/commentisfree/2015/jun/17/poor-rely-public-defenders-too-overworked, June 17, 2015. |
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-Money can buy you a AND defender systems’ underfunding and overwork. |
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-More court clog collapses the judicial system – really bad for any reparations which turns case |
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-Oakley 96 John B. Oakley, Distinguished Professor of Law Emeritus US Davis School of Law, 1996 The Myth of Cost-Free Jurisdictional Reallocation |
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-Personal effects: The hidden costs AND future course of the nation. |
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-A high functioning federal judiciary is necessary to prevent extinction. Effective separation of power solves unaccountable decisions to go to war- turns and outweighs the case |
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-Adler 96 - (David, professor of political science at Idaho State, The Constitution and Conduct of American Foreign Policy, p. 23-25) |
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-The structure of shared powers AND and their representatives in Congress. |