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  • Caselist.CitesClass[5]

Details

Caselist.CitesClass[5]

Cites

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1		-==1AC==
2		-
3		-
4		-===Framework===
5		-
6		-
7		-====The standard is minimizing harm to vulnerable populations. ====
8		-
9		-
10		-====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. ====
11		-
12		-
13		-====Decision-making cannot be entirely objective – social ideologies render certain populations as disposable and manage risk unevenly. ====
14		-Elizabeth A. **Povinelli,** 20**13**
15		-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/"
16		-In what might be seen as biopolitical 'social disposability' rather than 'social death'
17		-AND
18		-. government was reducing its populace to a politics of "bare life".
19		-
20		-
21		-====Ethical calculi are not neutral – privileged lives always matter more than the underprivileged because of mechanisms of power – you should forefront combating cognitive biases. ====
22		-Walter **Mignolo,** 20**07**
23		-Mingnolo is an Argentinian semiotician and professor at Duke. "The De-Colonial Option and the Meaning of Identity in Politics"
24		-The rhetoric of modernity (from the Christian mission since the sixteenth century, to
25		-AND
26		-of human lives; that is, according to a racist classification.5
27		-
28		-
29		-====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.====
30		-Timothy **Recuber,** 20**11**
31		-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
32		-The emotional component of disaster consumption is therefore an important part of these processes.
33		-AND
34		-preventative consumption may constitute the only preventative measures being taken on one's behalf.
35		-
36		-
37		-===Advantage 1 is Illegal Surveillance===
38		-
39		-
40		-====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. ====
41		-Tim **Cushing,** 20**15**
42		-"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
43		-So, a federal agency has already been exposed as participating in likely illegal activity
44		-AND
45		-trouble determining whether this apparently illegal surveillance helped build a case against them.
46		-
47		-
48		-====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"? ====
49		-Alvaro M. **Bedoya, 01/18/**16
50		-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
51		-There is a myth in this country that in a world where everyone is watched
52		-AND
53		-was watching—and listening—waiting for them to make a mistake.
54		-
55		-
56		-===Plan===
57		-
58		-
59		-====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. ====
60		-
61		-
62		-===Solvency===
63		-
64		-
65		-====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. ====
66		-Kathleen **Lockard,** 20**01**
67		-"Qualified Immunity as a Defense to Federal Wiretap Act Claims" The University of Chicago Law Review, Vol. 68, No. 4, pg 1393-1395
68		-While, in general, statutes are interpreted to preserve common law meanings and doctrines
69		-AND
70		-authorization. This means that the defendant will not be left without protection.
71		-
72		-
73		-====Second - only Congressional action can set a standard on qualified immunity that enables the courts to act – the plan is key. ====
74		-Kathleen **Lockard,** 20**01**
75		-"Qualified Immunity as a Defense to Federal Wiretap Act Claims" The University of Chicago Law Review, Vol. 68, No. 4, pg 1371-1377.
76		-Qualified immunity is a federal common law defense that may be precluded by statute.
77		-AND
78		-paramount, even when deciding if qualified immunity is available under a statute.
79		-
80		-
81		-====Court precedent is that qualified immunity can be used as a defense against the FWA – it includes both statutory and constitutional claims. ====
82		-Paul Michael **Brown,** 20**10**
83		-"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
84		-The Supreme Court has long recognized that qualified immunity is available to counter not only
85		-AND
86		-as a defense to a plaintiff's statutory claims under the Federal Wiretap Act).
87		-
88		-
89		-====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. ====
90		-Vanessa **Barker,** 20**09**
91		-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
92		-This study has some important and potentially unpopular policy implications. First, I think
93		-AND
94		-in American public life, as it could be with American penal sanctioning.

EntryDate

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1		-2016-11-20 21:56:43.0

Judge

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1		-Fred Ditzian

Opponent

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1		-Valley CT

ParentRound

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1		-7

Round

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1		-7

Team

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1		-Millard North Brown Aff

Title

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1		-2 - 1AC - Federal Wiretapping Act

Tournament

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1		-The Glenbrooks