Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[14]
  • Caselist.CitesClass[14]

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Caselist.RoundClass[14]

EntryDate

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1		-2016-12-04 19:53:09.214
	1	+2016-12-04 19:53:09.0

Caselist.CitesClass[14]

Cites

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	1	+==Part 1 is framing.==
	2	+
	3	+
	4	+====Systemic exclusion of particular groups arbitrarily denies due.====
	5	+Winter and Leighton. Winter, Deborah DuNann ~~Professor of Psychology, Whitman College~~, and Dana C. Leighton, Ph.D. ~~Assistant Professor of Psychology, Southern Arkansas University~~. "Peace, Conflict, and Violence: Peace Psychology in the 21st Century." New York: Prentice Hall, 2001.
	6	+Finally, to recognize the operation of structural violence forces us to ask questions about
	7	+AND
	8	+local cultures, will be our most surefooted path to building lasting peace.
	9	+
	10	+
	11	+====Debate serves as a space to have discourse on rejecting injustice in society.====
	12	+Giroux, Henry A. Waterbury Chair Professorship at Pennsylvania State University, University Park. 2004. "Critical Pedagogy and the Postmodern/Modern Divide: Towards a Pedagogy of Democratization," from Winter 2004, Teacher Education Quarterly.
	13	+The search for a new politics and a new critical language that crosses the critical
	14	+AND
	15	+society and world founded on systemic economic, racial, and gendered inequalities.
	16	+
	17	+
	18	+====Ideal theory fails – oversimplifying ethics to one theory threatens any real discussion.====
	19	+Curry, Tommy J. Ph.D., Associate Professor of Philosophy, Texas AandM University. December 2014. "The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century," Academia.edu.
	20	+Despite the pronouncement of debate as an activity and intellectual exercise pointing to the real
	21	+AND
	22	+used to currently justify the living wages in under our contemporary moral parameters.
	23	+
	24	+
	25	+====Thus, the standard is minimizing structural violence. This means that the ROTB is to endorse the best liberation strategy for the oppressed.====
	26	+
	27	+
	28	+====Prefer implementable concrete policy solutions over hypothetical ones – the state is inevitable and using it empowers debaters.====
	29	+Coverstone, Alan H. masters in communication from Wake Forest, longtime debate coach. November 17, 2005. "Acting on Activism: Realizing the Vision of Debate with Pro-social Impact," paper presented at the National Communication Association Annual Conference
	30	+An important concern emerges when Mitchell describes reflexive fiat as a contest strategy capable of
	31	+AND
	32	+that is a fundamental cause of voter and participatory abstention in America today.
	33	+
	34	+
	35	+==Part 2 is advantages.==
	36	+
	37	+
	38	+===Contention 1 is rights violations.===
	39	+
	40	+
	41	+====The "clearly established" requirement of QI allows courts to abuse the defense and unfairly grant it to officers without sufficient justification.====
	42	+de Stefan, Lindsay. JD Candidate, Seton Hall University School of Law. 2017. "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship. http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1861andcontext=student_scholarship.
	43	+But perhaps somewhat ironically, the concept of a "clearly" established right is
	44	+AND
	45	+—seemingly in every set of circumstances with which it has been presented.
	46	+
	47	+
	48	+====The "clearly established" element of QI makes it function like absolute immunity.====
	49	+Chen, Alan K. 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. 2015. "Qualified Immunity Limiting Access to Justice and Impeding Development of the Law," Human Rights Magazine. 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.
	50	+Savana is far from alone. Every year, the federal courts turn away the
	51	+AND
	52	+Immunity, 55 Emory L.J. 229, 262 (2006).
	53	+
	54	+
	55	+====The impact of this is that qualified immunity lets police officers get away with rights violations and murder.====
	56	+Chemerinsky, Erwin. Dean of the School of Law at UC Irvine. August 26, 2014. "How the Supreme Court Protects Bad Cops," New York Times. http://www.nytimes.com/2014/08/27/opinion/how-the-supreme-court-protects-bad-cops.html.
	57	+The Supreme Court has used this doctrine ~~QI~~ in recent years to deny
	58	+AND
	59	+how many more riots will it take before the Supreme Court changes course?
	60	+
	61	+
	62	+===Contention 2 is police state.===
	63	+
	64	+
	65	+====The police are systematically racist – they're intertwined with the KKK to this day.====
	66	+Brown, Jared. coordinates a $25 million initiative at the United Negro College Fund designed to cultivate the next generation of African American innovators and entrepreneurs; serves as operations director at Black upStart, an early stage social enterprise that supports entrepreneurs through the ideation and customer validation processes; is a leading voice in the field of black entrepreneurship with publications appearing in Black Enterprise, Generation Progress at the Center for American Progress, and the Congressional Black Caucus Foundation. October 3, 2016. "The Criminal Justice System is Racist by Design," Black Enterprise. http://www.blackenterprise.com/news/politics/criminal-justice-system-racist-design/.
	67	+Among the earliest documented roles of police, or patrollers, was to punish slaves
	68	+AND
	69	+. "These are operational systems and policies and practices that exist today."
	70	+
	71	+
	72	+====QI uniquely serves to uphold racism by allowing police to get away with violence against blacks.====
	73	+Carbado, Devon W. Professor of Law at UCLA. 2016. "Blue-on-Black Violence: A Provisional Model of Some of the Causes." The Georgetown Law Journal. http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf.
	74	+The following summarizes the features of the model. A variety of social forces converge
	75	+AND
	76	+to exercise care with respect to when and how they deploy violent force.
	77	+
	78	+
	79	+==Part 3 is the plan.==
	80	+
	81	+
	82	+====Thus, the plan: "The United States Federal Government shall limit qualified immunity for police officers by removing the 'clearly established' requirement."====
	83	+Wright, Sam. Public interest lawyer who has spent his career exclusively in nonprofits and government. November 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/?rf=1.
	84	+Instead, police officers have recourse to the broad protections of the judicially established doctrine
	85	+AND
	86	+show that that conduct's illegality has already been clearly established in the courts?
	87	+
	88	+
	89	+==Part 4 is solvency.==
	90	+
	91	+
	92	+====Limiting QI is key to larger institutional reform.====
	93	+Bernick, Evan. Assistant Director of the Center for Judicial Engagement at the Institute for Justice. May 16, 2015. "To Hold Police Accountable, Don't Give Them Immunity," Foundation for Economic Education. https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/.
	94	+The sad fact is that it is often effectively impossible to hold police officers accountable
	95	+AND
	96	+granted, discovery stops, and there is no trial on the merits.
	97	+
	98	+
	99	+====Lawsuits spur changes in police behavior – a) they reveal misconduct, and b) they're punitive.====
	100	+Schwartz, Joanna C. Assistant Professor of Law, UCLA School of Law. 2012. ""What Police Learn from Lawsuits," Cardozo Law Review, Vol. 33, 2012.
	101	+Lawsuits are widely recognized to compensate and deter; this Article shows suits can also
	102	+AND
	103	+and dispositions of all cases, even those without financial and political ramifications.
	104	+
	105	+
	106	+====The QI doctrine stops social change in its tracks.====
	107	+Hassel, Diana. Associate Professor, Roger Williams University School of Law. 1999. "Living a Lie: The Cost of Qualified Immunity," Missouri Law Review Vol. 64, 1999.
	108	+Current qualified immunity doctrine serves as a means to diffuse conflict. Without a clear
	109	+AND
	110	+margins, but fundamental recasting of the terms of the debate is unlikely.
	111	+
	112	+
	113	+====Even if the police officer defendant in lawsuits isn't found guilty, lawsuits keep police power in check.====
	114	+Logan, Wayne A. Professor of Law, Florida State University College of Law. 2011. "Police Mistakes of Law," Emory Law Journal, Vol. 61, 2011.
	115	+Judicial validation of police mistakes of law also undermines separation of powers. Since at
	116	+AND
	117	+in mind but failed to put into the plain language of the statute."
	118	+
	119	+
	120	+====Regardless of the outcome, being able to take the case to trial at all is a win for the victim.====
	121	+Weinrib, Ernest J. Ph.D.; Assistant Professor of Classics at the University of Toronto. 2002. "Corrective Justice in a Nutshell," The University of Toronto Law Journal, Vol. 52, No. 4 (Autumn, 2002), pp. 349-356. http://www.jstor.org/stable/pdf/825933.pdf.
	122	+In sophisticated systems of private law, the overarching justificatory categories expressive of correlativity are
	123	+AND
	124	+the same as the reasons that justify the existence of the defendant's duty.
	125	+
	126	+
	127	+==Part 5 is underview.==
	128	+
	129	+
	130	+===1^^st^^ underview is 1AR Theory.===
	131	+
	132	+
	133	+====1AR Theory outweighs Neg kritiks, T, or theory –====
	134	+
	135	+
	136	+====Reciprocity – Kritiks, T, and theory are all ways that Neg can uplayer the AC – Aff gets 1AR theory to reciprocate by letting me uplayer Neg args.====
	137	+
	138	+
	139	+====2NR Block – Neg has a structural advantage in the theory debate by having 13-7 time skew after the AC and can go for 6 minutes of theory in the 2N, so letting 1AR theory outweigh compensates.====
	140	+
	141	+
	142	+====Ground – 1AR theory is key to Aff ground – without it, I'm forced to just line by line 7 minutes of args in just 4 minutes. Not weighing 1AR theory first disincentives running 1AR theory by making it a time skew against the debater running it, and screws me over in my 1AR.====
	143	+
	144	+
	145	+===2^^nd^^ underview is court legitimacy.===
	146	+
	147	+
	148	+====Judicial allowance of police mistakes under QI undermines the authority of the law.====
	149	+Logan, Wayne A. Professor of Law, Florida State University College of Law. 2011. "Police Mistakes of Law," Emory Law Journal, Vol. 61, 2011.
	150	+Judicial approval of police mistakes of law can also have major practical importance. With
	151	+AND
	152	+Tracey Meares has called "public regarding justice" and "fairness."1

EntryDate

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	1	+2016-12-04 19:53:10.712

Judge

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	1	+Adam Torson

Opponent

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	1	+Servite PA

ParentRound

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	1	+14

Round

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	1	+2

Team

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	1	+North Hollywood Stern Aff

Title

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	1	+NOVDEC Structural Violence AC

Tournament

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	1	+Alta