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Caselist.CitesClass[1]

Cites

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1		-=Police State AC=
2		-
3		-
4		-==1AC==
5		-
6		-
7		-===Part 1 is Framework===
8		-
9		-
10		-American neoliberal society is contingent on a state of exception where undesirable citizens are made disposable in the name of consumption. The crimes of colonialism have come home and the sovereign protects itself through legal exception. We need change now! Giroux 14 bracketed clarity:
11		-~~Henry A. Giroux (American and Canadian scholar and cultural critic. One of the founding theorists of critical pedagogy in the United States, he is best known for his pioneering work in public pedagogy), "Neoliberalism and the Machinery of Disposability" April 8, 2014. Truthout. http://www.truth-out.org/opinion/item/22958-neoliberalism-and-the-machinery-of-disposability~~ SF
12		-Americans now live in a society in which almost everyone is spied on, considered
13		-AND
14		-the dead," who remain unaccounted for in numbers and law."~~2~~
15		-
16		-
17		-Militarism dominates American logic through the cooption of educational spaces, we must reclaim education so students can begin to imagine radically. Thus, the role of the ballot, as an academic pedestal, and the standard, for my political method, is to vote for the best strategy for combatting militarism. Giroux 15:
18		-~~Henry A. Giroux (American and Canadian scholar and cultural critic. One of the founding theorists of critical pedagogy in the United States, he is best known for his pioneering work in public pedagogy), "Beyond Dystopian Visions in the Age of Neoliberal Authoritarianism", Truthout, 11/4/2015. http://www.truth-out.org/opinion/item/33511-beyond-dystopian-visions-in-the-age-of-neoliberal-authoritarianism~~ SF
19		-If neoliberal authoritarianism is to be challenged and overcome, it is crucial that intellectuals
20		-AND
21		-of the ballot's structuralist approach to politics is best, 3 independent warrants:
22		-
23		-
24		-A) Materialism
25		-
26		-
27		-Concrete analysis of policies and their material effects on people is key to effectively crafting revolutionary solutions – identity politics and theory without praxis only ends in solipsism. Taft-Kaufman 95:
28		-Jill Taft-Kaufman, Speech prof @ CMU, 1995, ~~Southern Comm. Journal, Spring, v. 60, Iss. 3, "Other Ways"~~
29		-The postmodern passwords of "polyvocality," "Otherness," and "difference," unsupported
30		-AND
31		-political agendas, institutions, agencies, and the budgets that fuel them.
32		-
33		-
34		-B) Historiography
35		-
36		-
37		-A genealogical approach based in critical examination of history is key to productive critique. Absent analysis, historical truth becomes a tool for the powerful to isolate deviancy and punish it. Yates and Hiles 10:
38		-~~Scott and Dave; DeMontfort University "Towards a "Critical Ontology of Ourselves"? Foucault, Subjectivity, and Discourse Analysis" Theory and Psychology Vol. 20 (1): 52-75~~ SF
39		-Foucault termed his new approach "genealogy": a "meticulous and patiently documentary"
40		-AND
41		-between individuals ... ~~it~~ designates relationships" (p. 217).
42		-
43		-
44		-C) Heuristics
45		-
46		-
47		-1. The 1AC uses the state as a descriptor. When I say you ought to do some action, I do not sever myself from my identity and place myself in your shoes when I make that statement. It is a belief of what you ought to do. When we say the state ought to do something, we are not the state; we are saying the state should do this good thing.
48		-
49		-
50		-2. We recognize the state can be bad, that's the point of the aff. Revolutionary politics requires a strategy based in the present for real results, which means we start with the state. Sotiris 15:
51		-~~Panagiotis Sotiris (Department of Philosophy, Psychology and Pedagogy, and Communication and Media @ University of Athens, Faculty of Letters, Department of Philosophical and Social Studies @ University of Crete, Department of Psychology @ Panteion University, Department of Sociology @ University of the Aegean), "The Realism of Audacity: Rethinking Revolutionary Strategy Today." November 13, 2015. http://salvage.zone/online-exclusive/the-realism-of-audacity-rethinking-revolutionary-strategy-today~~ SF
52		-Unfortunately, historical experience shows both the catalytic and indispensable aspect of the insurrectionary sequence
53		-AND
54		-NO. No to pessimism, no to surrender, no to defeat.
55		-
56		-
57		-Part 2 is the State of Exception
58		-
59		-
60		-The fiasco starts with Scalia, of course. In Anderson v. Creighton, The Supreme Court privileged federal authorities over regular citizens by making them scot-free from constitutional violations leaving real state violence with no recourse. Rudovsky 89:
61		-~~David Rudovsky (University of Pennsylvania Law School), "The Qualified Immunity Doctrine in the Supreme Court: Judicial Activism and the Restriction of Constitutional Rights" Penn Law: Legal Scholarship Respository. 1989. http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3772andcontext=penn_law_review~~ SF, brackets in original evidence
62		-Anderson v. Creighton swept away these decisions and created an additional basis for the
63		-AND
64		-a reasonable official would understand that what he is doing violates that right."
65		-
66		-
67		-This is a genealogy of the state of exception and the paradox of the state; the state creates societal rules and enforces them but removes itself from the public sphere to ensure immunity. This division leads to bare life, the condition that makes police brutality "reasonable". Ziarek 12:
68		-Ewa Ziarek (Julian Park Professor of Comparative Literature at The State University of New York at Buffalo). "9. Bare Life." Impasses of the Post-Global: Theory in the Era of Climate Change, vol. 2. 2012. http://quod.lib.umich.edu/o/ohp/10803281.0001.001/1:11/—impasses-of-the-post-global-theory-in-the-era-of-climate?rgn=div1;view=fulltext
69		-Since bare life is included within Western democracies as their hidden inner ground and as
70		-AND
71		-life to death, constitutes the "supreme" political principle of genocide.
72		-
73		-
74		-Thus my advocacy is the limiting of qualified immunity, police officers should be held to strict liability for their legal violations. CX clarifies possible violations. Bernick 15 is the solvency advocate:
75		-~~Evan Bernick (Evan is the Assistant Director of the Center for Judicial Engagement at the Institute for Justice, a libertarian public interest law firm), "To Hold Police Accountable, Don't Give Them Immunity." Foundation for Economic Education. May 6, 2015. https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/~~ SF
76		-Simply put, qualified immunity has to go. It should be replaced with a
77		-AND
78		-have to purchase insurance to cover any costs in excess of that amount.
79		-
80		-
81		-Qualified immunity is a state of exception that hides the truths about militarism and halts reform. Only limiting can hold a legal mirror to the lawless state. Bernick 2:
82		-This decision was unabashedly policy-oriented: it was thought that government officials would not vigorously fulfill their obligations if they could be held accountable for actions taken in good faith. Under current law, the general rule is that victims of rights violations pay the costs of their own injuries. In practice, qualified immunity provides a near-absolute defense to all but the most outrageous conduct. The Ninth Circuit has held that throwing a flash-bang grenade "blindly" into a house, injuring a toddler, isn't outrageous enough. Just last year, in Plumhoff v. Rickard, the Supreme Court decided that firing 15 bullets at a motorist is a reasonable method to end the driver's flight from the police. So much for "every person" "shall be liable." Qualified immunity shields police misconduct not only from liability but also from meaningful judicial scrutiny. Private lawsuits are an essential tool in uncovering the truth about police misconduct. The discovery process can yield information that makes broader policy changes within police departments possible. At trial, judicial engagement — an impartial, evidence-based determination of the constitutionality of the officer's actions — can take place. Qualified immunity can cut this search for truth short. If qualified immunity is raised as a defense before trial and the judge denies it, that decision is immediately appealable. If it is granted, discovery stops, and there is no trial on the merits.

EntryDate

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1		-2016-12-02 00:09:24.0

Judge

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1		-Jordan Berger

Opponent

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1		-Highland GG

ParentRound

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1		-1

Round

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1		-1

Team

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1		-Palo Alto He Aff

Title

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1		-Nov Dec Police State 1AC

Tournament

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1		-Alta Silver and Black