Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[11]
  • Caselist.CitesClass[13]

Details

Caselist.RoundClass[11]

EntryDate

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1		-2016-12-19 15:54:17.372
	1	+2016-12-19 15:54:17.0

Caselist.CitesClass[13]

Cites

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	1	+==Framework==
	2	+
	3	+
	4	+====I value morality because the resolution is a normative question of what ought to happen. ====
	5	+
	6	+
	7	+====The criterion is maximizing societal welfare. ====
	8	+
	9	+
	10	+====First, the actor of the resolution is the United States – which means we must consider frameworks that are applicable to governments. Governments cannot know specific details of situations that they have to make choice about – this necessitates a utilitarian metric that is able to make decisions absent specific knowledge.====
	11	+Robert E. **Goodin,** 19**95**
	12	+Goodin is a Professor of Philosophy at the Research School of the Social Sciences at the Australian National University. Cambridge University Press, "Utilitarianism As a Public Philosophy" pg 63
	13	+My larger argument turns on the proposition that there is something special about the situation
	14	+AND
	15	+, aggregates and averages is just not sufficiently fine-grained for that.
	16	+
	17	+
	18	+====Second, duty and rights based frameworks devolve into consequentialism. We develop duties because of the relative good they bring and universalize those duties to maximize the good, likewise rights are constrained by an agent's ability to claim them, this requires a fundamental well-being of the agent in order to function.====
	19	+
	20	+
	21	+====Third, physical experience constrains our moral considerations which means we must be consequentialist. Things like rights, freedom, and autonomy are only impactful because of their relationship to our ability to interact with a material and physical world which necessitates a perspective that maximizes material benefits.====
	22	+
	23	+
	24	+====Fourth, there is no act-omission distinction for governments. In the context of a government's obligation to its citizens, inaction that results in harm is morally equivalent to a direct action that causes harm as they have failed to protect their citizens either way. ====
	25	+Cass R. **Sunstein and **Adrian **Vermeule,** 20**05**
	26	+Sunstein is an American legal scholar, he was the Administrator of the White House Office of Information and Regulation Affairs, taught at the University of Chicago Law School for 27 years, and is the Robert Walmsley University Professor at Harvard Law School. Vermeule is the John H. Watson, Jr. Professor of Law at Harvard Law School."Is Capital Punishment Morally Required? The Relevance of Life-Life Tradeoffs", University of Chicago Public Law and Legal Theory Working Paper No. 85.
	27	+An unstated assumption animating much opposition to capital punishment, especially among self-conscious
	28	+AND
	29	+, cannot be justified by pointing to the distinction between acts and omissions.
	30	+
	31	+
	32	+==Offense==
	33	+
	34	+
	35	+===Contention 1 is Surveillance===
	36	+
	37	+
	38	+====Supreme Court rulings make qualified immunity an active defense against 4^^th^^ Amendment violations – police subjectivity is sufficient to get out of unconstitutional searches and seizures.====
	39	+Muna **Busailah and **Stephen P. **Chulak, **20**12**
	40	+ "Fourth Amendment Search and Seizure, Qualified Immunity and the Technological Age" AELE Monthly Law Journal, Journal 501
	41	+The Ninth Circuit held that Ryburn and Zepeda committed a Fourth Amendment violation because there
	42	+AND
	43	+every fact or circumstance that plays a role in raising officer safety concerns.
	44	+
	45	+
	46	+====Local police departments engage in massive illegal wiretapping operations – Riverside County, California 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. ====
	47	+Tim **Cushing,** 20**15**
	48	+"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
	49	+So, a federal agency has already been exposed as participating in likely illegal activity
	50	+AND
	51	+trouble determining whether this apparently illegal surveillance helped build a case against them.
	52	+
	53	+
	54	+====Surveillance is not neutral – it is increasingly racialized and targeted at people of color. This system of overt racism enacts constant violence and brings the worry of "am I being watched"? ====
	55	+Alvaro M. **Bedoya, 01/18/**16
	56	+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
	57	+There is a myth in this country that in a world where everyone is watched
	58	+AND
	59	+was watching—and listening—waiting for them to make a mistake.
	60	+
	61	+
	62	+===Contention 2 is Legal Reform===
	63	+
	64	+
	65	+====The doctrine of qualified immunity lacks clear legal framing and impedes progression of constitutional law - it has become closer to absolute immunity – limiting it opens the path to change within the legal system. ====
	66	+Alan K **Chen,** 20**15**
	67	+Chen is the William M. Beaney Memorial Research Chair and professor of law at the University Of Denver Sturm College Of Law, where he teaches courses in constitutional law, federal courts, and public interest law. He is an experienced civil rights litigator and former ACLU staff attorney, and continues to do pro bono work in constitutional rights cases. "Qualified Immunity Liming Access to Justice and Impeding Development of the Law" Human Rights Magazine Vol. 41 No.1, http://www.americanbar.org/publications/human_rights_magazine_home/2015—vol—41-/vol—41—no—1—-lurking-in-the-shadows—the-supreme-court-s-qui/qualified-immunity-limiting-access-to-justice-and-impeding-devel.html
	68	+Savana is far from alone. Every year, the federal courts turn away the
	69	+AND
	70	+F. App'x 852, 852–53 (4th Cir. 2009).
	71	+
	72	+
	73	+====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. ====
	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 1393-1395
	76	+While, in general, statutes are interpreted to preserve common law meanings and doctrines
	77	+AND
	78	+authorization. This means that the defendant will not be left without protection.
	79	+
	80	+
	81	+====Second - only Congressional action can set a standard on qualified immunity that enables the courts to act. ====
	82	+Kathleen **Lockard,** 20**01**
	83	+"Qualified Immunity as a Defense to Federal Wiretap Act Claims" The University of Chicago Law Review, Vol. 68, No. 4, pg 1371-1377.
	84	+Qualified immunity is a federal common law defense that may be precluded by statute.
	85	+AND
	86	+paramount, even when deciding if qualified immunity is available under a statute.
	87	+
	88	+
	89	+====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.====
	90	+Timothy **Recuber,** 20**11**
	91	+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
	92	+The emotional component of disaster consumption is therefore an important part of these processes.
	93	+AND
	94	+preventative consumption may constitute the only preventative measures being taken on one's behalf.

EntryDate

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	1	+2016-12-19 15:54:18.975

Judge

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	1	+Judge

Opponent

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	1	+Opponent

ParentRound

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	1	+11

Round

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	1	+Quads

Team

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	1	+Millard North Brown Aff

Title

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	1	+2 - 1AC - Whole Resolution Utilitarianism

Tournament

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	1	+Millard West