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+==1AC== |
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+===Framework=== |
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+ |
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+====The standard is minimizing harm to vulnerable populations. ==== |
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+ |
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+====We'll defend the standard primarily as a filter for impacts post hypothetical enactment of the affirmative. However, if the negative introduces a role of the judge/ballot we will defend the standard as a method of ethics which the judge ought to embrace and the debate ought to be based within – that just means we get to weigh the aff framework against potential 1NC pre-fiat frameworks. ==== |
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+ |
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+ |
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+====Decision-making cannot be entirely objective – social ideologies render certain populations as disposable and manage risk unevenly. ==== |
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+Elizabeth A. **Povinelli,** 20**13** |
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+Povinelli is Franz Boas Professor of Anthropology and Gender Studies, Director of the Institute for Research on Women and Gender and the Co-Director of the Centre for the Study of Law and Culture at Columbia University. "Necropolitics"; The Anthropology of Biopolitics; February 23, 2013; https://anthrobiopolitics.wordpress.com/2013/02/23/necropolitics/" |
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+In what might be seen as biopolitical 'social disposability' rather than 'social death' |
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+AND |
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+. government was reducing its populace to a politics of "bare life". |
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+ |
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+ |
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+====Ethical calculi are not neutral – privileged lives always matter more than the underprivileged because of mechanisms of power – you should forefront combating cognitive biases. ==== |
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+Walter **Mignolo,** 20**07** |
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+Mingnolo is an Argentinian semiotician and professor at Duke. "The De-Colonial Option and the Meaning of Identity in Politics" |
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+The rhetoric of modernity (from the Christian mission since the sixteenth century, to |
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+AND |
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+of human lives; that is, according to a racist classification.5 |
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+ |
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+ |
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+====High magnitude scenario planning results in compassion fatigue – overexposure to crisis exhausts society's political mobility for collective problem solving in favor of individual security and artificially magnifies perceptual likelihood of low probability events.==== |
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+Timothy **Recuber,** 20**11** |
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+Recuber is a doctoral candidate in sociology at the Graduate Center of the City University of New York, he has taught at Hunter College in Manhattan. "CONSUMING CATASTROPHE: AUTHENTICITY AND EMOTION IN MASS-MEDIATED DISASTER" gradworks.umi.com/3477831.pdf |
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+The emotional component of disaster consumption is therefore an important part of these processes. |
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+AND |
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+preventative consumption may constitute the only preventative measures being taken on one's behalf. |
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+ |
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+ |
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+===Advantage 1 is Illegal Surveillance=== |
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+ |
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+ |
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+====Local police departments engage in massive illegal wiretapping operations – Riverside County alone enacted 20 of the nation's wiretap warrants and intercepted information from more than 52,000 people causing hundreds of arrests and seizing millions of dollars nationwide. ==== |
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+Tim **Cushing,** 20**15** |
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+"California Police Used Illegal Wiretap Warrants In Hundreds Of Drug Prosecutions" https://www.techdirt.com/articles/20151121/06351232876/california-police-used-illegal-wiretap-warrants-hundreds-drug-prosecutions.shtml |
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+So, a federal agency has already been exposed as participating in likely illegal activity |
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+AND |
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+trouble determining whether this apparently illegal surveillance helped build a case against them. |
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+ |
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+ |
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+====Wiretapping is not neutral – surveillance is increasingly racialized and targeted at people of color – it is a system of overt racism and brings the constant worry of "am I being watched"? ==== |
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+Alvaro M. **Bedoya, 01/18/**16 |
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+Executive Director of the Center on Privacy and Technology and Adjunct Professor of Law at Georgetown Law. "The Color of Surveillance", http://www.slate.com/articles/technology/future_tense/2016/01/what_the_fbi_s_surveillance_of_martin_luther_king_says_about_modern_spying.html |
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+There is a myth in this country that in a world where everyone is watched |
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+AND |
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+was watching—and listening—waiting for them to make a mistake. |
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+ |
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+ |
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+===Plan=== |
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+ |
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+ |
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+====Thus the plan: The United States Federal Government will issue a statutory enactment which precludes qualified immunity from being used as a defense by police officers in suits regarding the Federal Wiretap Act. ==== |
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+ |
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+ |
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+===Solvency=== |
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+ |
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+ |
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+====First - qualified immunity kills the effectiveness of the Federal Wiretapping Act – it lets officers get away with civil rights abuses that the statue was built to punish. ==== |
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+Kathleen **Lockard,** 20**01** |
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+"Qualified Immunity as a Defense to Federal Wiretap Act Claims" The University of Chicago Law Review, Vol. 68, No. 4, pg 1393-1395 |
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+While, in general, statutes are interpreted to preserve common law meanings and doctrines |
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+AND |
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+authorization. This means that the defendant will not be left without protection. |
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+ |
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+ |
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+====Second - only Congressional action can set a standard on qualified immunity that enables the courts to act – the plan is key. ==== |
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+Kathleen **Lockard,** 20**01** |
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+"Qualified Immunity as a Defense to Federal Wiretap Act Claims" The University of Chicago Law Review, Vol. 68, No. 4, pg 1371-1377. |
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+Qualified immunity is a federal common law defense that may be precluded by statute. |
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+AND |
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+paramount, even when deciding if qualified immunity is available under a statute. |
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+ |
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+ |
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+====Court precedent is that qualified immunity can be used as a defense against the FWA – it includes both statutory and constitutional claims. ==== |
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+Paul Michael **Brown,** 20**10** |
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+"Personal Liability Tort Litigation Against Federal Employees" The United States Attorneys' Bulletin, November 2010, Vol. 58, No. 6 https://www.justice.gov/sites/default/files/usao/legacy/2010/12/06/usab5806.pdf |
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+The Supreme Court has long recognized that qualified immunity is available to counter not only |
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+AND |
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+as a defense to a plaintiff's statutory claims under the Federal Wiretap Act). |
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+ |
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+ |
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+====Detailed discussions of governmental policy regarding crime is crucial to democratic change – it holds policy-makers accountable, informs citizens, and enables reforms to have influence in institutional settings. ==== |
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+Vanessa **Barker,** 20**09** |
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+Barker is an Assistant Professor of Criminology at Florida State University. "The Politics of Imprisonment How the Democratic Process Shapes the Way America Punishes Offenders,"pp 182-188 |
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+This study has some important and potentially unpopular policy implications. First, I think |
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+AND |
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+in American public life, as it could be with American penal sanctioning. |