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+Courts are clogged-one big push causes collapse. Bannon September 2013: |
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+Alicia Bannon September 10, 2013 |
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+(Testimony: More Judges Needed in Federal Courts. Brennan Center for Justice. http://www.brennancenter.org/analysis/testimony-federal-courts-need-more-judges) |
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+While the current high level of judicial vacancies partially explains this high per-judge |
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+AND |
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+2013, so as to ensure the continued vitality of our federal courts. |
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+ |
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+Litigation against police is specifically on the rise-that causes court clog. Rosen 05: |
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+(Michael. Golden Gate University Law Review. January. A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement. UCSD School of Law. http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1899andcontext=ggulrev) |
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+Public policy seeks to balance the need to protect law enforcement officers from frivolous lawsuits |
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+AND |
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+Jesse H. Grant, an Oakland, California, police officer. , |
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+ |
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+QI stops weak cases from going to trial. Jeffries 10: |
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+(John C. June. What’s Wrong With Qualified Immunity? University of Virginia Law School. Prominent law professor; former dean of the University of Virginia Law School. http://poseidon01.ssrn.com/delivery.php?ID=816116074064001018089031082074024081024036042028091005105067118026092072091073083126009003116014006009030066117023111106096083114026028080092004068107114106103086090081005076083066122121024099093102087065120066115123072112065127075080124112100007005068andEXT=pdf LS) |
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+So what should we do? I have two suggestions, both of which are |
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+AND |
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+preclude putting constitutional tort defendants to the burden of trial in weak cases. |
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+ |
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+Court clog collapses the federal judiciary – overburdens dockets, expansion can't keep pace. Oakley ‘96 |
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+Personal effects: The hidden costs of greater workloads. The hallmark of federal |
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+AND |
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+future course of the nation. |
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+ |
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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. Adler ‘96 |
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+The structure of shared powers |
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+AND |
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+, in the decision to initiate war. |