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... ... @@ -1,0 +1,62 @@ 1 +====Status quo qualified immunity defense can only be defeated by a clearly established constitutional rights violation. This prioritizes law enforcement officials.==== 2 +Hassel: 3 +Diana Hassel Winter 1999 Living a Lie: The Cost of Qualified Immunity Missouri Law Review http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr 4 +The threshold step in applying the qualified immunity defense is determining whether the facts the 5 +AND 6 +a way that decreases the amount of cases in which immunity is applicable. 7 + 8 +====My advocacy is that the United States ought to limit the scope of applicability for qualified immunity by removing the requirement of clear establishment for a constitutional violation.==== 9 +Wright: 10 +Sam Wright (public interest lawyer) Nov. 3, 2015, "Want to Fight Police Misconduct? Reform Qualified Immunity." Above the Law http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/ 11 +Instead, police officers have recourse to the broad protections of the judicially established doctrine 12 +AND 13 +to guaranteed civil and social rights. 14 +Prefer this for 2 additional reasons: 15 +====1. Procedural protections are necessary to promote rights. Even if we reform an imperfect system of procedural safeguards, we should change what we can to improve state accountability. ==== 16 +Delgado explains: 17 +Richard, self-appointed Minority scholar, Chair of Law at the University of Alabama Law School, J.D. from the University of California, Berkeley, Professor Delgado's teaching and writing focus on race, the legal profession, and social change, 2009, "Does Critical Legal Studies Have What Minorities Want, Arguing about Law", p. 588-590 18 + 19 +The CLS critique 20 +AND 21 +what we want. 22 + 23 +====First, The clearly established requirement effectively denies individuals access to certain constitutional protections.==== 24 +Hassel 2 25 +Diana Hassel Winter 1999 Living a Lie: The Cost of Qualified Immunity Missouri Law Review http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr (Balancing test is used in cases addressing due process of law) 26 +In some areas 27 +AND 28 + qualified immunity defense. 29 +====Reasonableness of inquiry questions stem from the clearly established requirement and give leeway to courts in siding with law enforcement. ==== 30 +Hassel 3: 31 +Diana Hassel Winter 1999 Living a Lie: The Cost of Qualified Immunity Missouri Law Review http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr 32 +Finally, if the 33 +AND 34 +constitutional violation occurs. 35 + 36 +====Second, Qualified immunity allows for police officers to escape accountability for use of excessive force. ==== 37 +Sheng writes: (Philip. Professor at BYU. An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cases Brought Under 42 U.S.C. § 1983, 26 BYU J. Pub. L. 99 Available at: http://digitalcommons.law.byu.edu/jpl/vol26/iss1/5) 38 +In Graham v. Connor 39 +AND 40 + force cases altogether. 41 + 42 +====Ambiguous use of the clearly established requirement allows police officers to use excessive force with little deterrence or recourse. Qualified Immunity allows for the justification of violence. Both municipalities and individual police officers are unlikely to be found liable under current law. ==== 43 +Senkel writes: 44 +1999 ( Tara. Attorney in New York. Civilians Often Need Protection From the Police: Let's Handcuff Police Brutality 15 N.Y.L. Sch. J. Hum. Rts. 385 (1998-1999). http://heinonline.org/HOL/Page?public=falseandhandle=hein.journals/nylshr15andpage=385andcollection=journals~~#) 45 +While victims of 46 +AND 47 +are exigent circumstances.237 48 + 49 +====Third, The clearly established requirement stands in the way of developing and protecting procedural rights. ==== 50 +Attorneys only take on qualified immunity cases when there is little risk of losing the clearly established standard. Precedent can't evolve in the status quo because of selection bias. 51 +Reinert: 52 +Reinert, Alexander Does Qualified Immunity Matter? University of St. Thomas Law Journal. Volume 8 Spring 2011 (Interviews with 133 attorneys in qualified immunity cases) 53 +Nearly every respondent 54 +AND 55 + their organization's mission. 56 + 57 + 58 +====Thus, procedural protections cannot meaningfully exist in a world where plaintiffs must prove a clearly established violation. Only through removing the requirement can courts develop protections for individuals. Consideration of civil rights stagnates in a world where attorneys have disincentives to take the most controversial cases. ==== 59 +Reinert 2: 60 +The data are 61 +AND 62 +qualified immunity defense. - EntryDate
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... ... @@ -1,0 +1,4 @@ 1 +If you need cites you can reach me using email: 20191194@student.nths.net 2 +OR 3 +Facebook: Patrick Tolan 4 +If you need to find me look for the kid with the backwards baseball hat. I reserve the right to read anything on the wikis of my teammates - EntryDate
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... ... @@ -1,0 +1,42 @@ 1 +=Legal Jurisprudence AC= 2 +====I value morality.==== 3 + 4 + 5 +====Constitutionally-protected speech is defined as speech ruled as protected under the Constitution by the Supreme Court or other Federal Courts.==== 6 + 7 +==== If I win that the constitution is a good method of evaluation then you should affirm==== 8 + 9 +====The role of the judge is to play the part of a federal court judge. The ballot is a referendum on constitutionality. The Affirmative must prove that the restrictions of any constitutionally protected speech are unconstitutional and should end. The Negative must engage in a refutation of the plan by demonstrating that the restriction overturned is constitutional and therefore merits maintaining it. ==== 10 + 11 + 12 +====Our framework provides the balance between two poles of impractical legal education – the non-prescriptive nature of critique debates and the directly prescriptive model of policy debate that occurs in the vacuum of legal reality. The debate should center on actions that the government can and cannot take in connection with the legal justification for said action. Moving away from this framework tips the scale toward education without utility. ==== 13 +*Edwards 92* 14 + (Harry T., circuit judge in the US Court of Appeals for the District of Columbia, "The Growing Disjunction between Legal Education and the Legal Profession," Michigan Law Review, vol. 91, no. 1, October, p. JSTOR) 15 +The growing disjunction 16 +AND 17 +theories to legal problems.41 18 + 19 + 20 +====This type of education is a fundamental prerequisite to addressing legislative and executive courses of action. Debate can be a training ground that provides us with the best understanding of what decisions are made, how they are made, and the interconnectedness of legal restraint. Only the AFF framework provides us with the building blocks to make effective policy advocacy. Wishing policies into existence, absent a discussion of existing legal regimes, ignores vital components of policymaking. ==== 21 +*Edwards 92* 22 +(Harry T., circuit judge in the US Court of Appeals for the District of Columbia, "The Growing Disjunction between Legal Education and the Legal Profession," Michigan Law Review, vol. 91, no. 1, October, p. JSTOR) 23 +To avoid superfluous or inapposite results, the theorist who addresses a judge must attend 24 +AND 25 +also useful information to practicing lawyers, who seek to persuade the decisionmaker. 26 + 27 + 28 +====Our legal consciousness is an accumulation of knowledge and interaction with legal play. The AFF's framework for debate creates a nuanced discussion of jurisprudence. That skill-set is vital to creating an informed citizenry who can deploy a rights conscious approach in everyday life. ==== 29 +*Young 9* 30 + (Kathryne, postdoctoral fellow at Stanford's Lane Center for the American West, Assistant Professor of Sociology at the University of Massachusetts, "Rights consciousness in criminal procedure: a theoretical and empirical inquiry," Sociology of Crime, Law, and Deviance, vol. 12, 67-95, www.kathrynemyoung.com/uploads/2/4/8/6/2486969/rights_consciousness_in_crim_pro_young.pdf) 31 +In the past two decades, legal consciousness has transitioned from an emerging area of 32 +AND 33 +waiver and render people vulnerable to manipulation and unwitting surrender of their rights. 34 + 35 + 36 +====*Legal education is a prerequisite to political inquiry and engagement —- our framework forces debaters to engage in legal processes in order to understand what is possible under the law before prescribing action. ==== 37 +***modified for gendered language 38 +*Epstein 85* 39 +—James Parker Hall Distinguished Service Professor Emeritus of Law and Senior Lecturer at the University of Chicago Law School, The Laurence A. Tisch Professor of Law, New York University School of Law, The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution, and a senior lecturer at the University of Chicago (Richard A., "Positive and Normative Elements in Legal Education," in 8 Harvard Journal of Law and Public Policy 255, 1985, http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2236andcontext=journal_articles)//cch 40 +Legal education is a very broad subject, indeed, and I think that in 41 +AND 42 +make his ~~their~~ normative choices from a narrower set of possibilities. - EntryDate
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