| ... |
... |
@@ -1,125
+1,43 @@ |
| 1 |
|
-=SCHOOLS AC= |
|
1 |
+===Court Clog DA=== |
| 2 |
2 |
|
| 3 |
3 |
|
| 4 |
|
-==1AC== |
| 5 |
|
- |
| 6 |
|
- |
| 7 |
|
-===1 – War Against Kids=== |
| 8 |
|
- |
| 9 |
|
- |
| 10 |
|
-====Police have invaded schools and momentum for funding is still gaining – this has led to increasing use of force and abuse of students – the law is not clearly established so SROs will always get immunity==== |
| 11 |
|
-**Potter 15** ~~GS Potter; Community activist and educator with a Ph.D. in educational leadership and policy studies from the University of Washington.; 3-16-2015; "How Police Became Part of the Public School System and How to Get Them Out"; http://www.truth-out.org/news/item/33706-how-police-became-part-of-the-public-school-system-and-how-to-get-them-out~~ JC |
| 12 |
|
-Between the founding of the first recognized school resource officer program in 1958 and the |
|
4 |
+====Courts are overworked in the squo—judges are at the edge and one big push collapses the judiciary.==== |
|
5 |
+**Gersham 15** Jacob Gershman "Federal Judge Says His Overworked Colleagues Bench Close to Burnout" Wall Street Journal November 12^^th^^ 2015 |
|
6 |
+Judges in federal trial courts have for some time expressed concern about the ever- |
| 13 |
13 |
AND |
| 14 |
|
--wide abuses against students, especially disadvantaged students, across the country. |
|
8 |
+growing ones), but efforts to hire more judges have met political resistance. |
| 15 |
15 |
|
| 16 |
16 |
|
| 17 |
|
-====Qualified immunity for SROs exist in the SQUO==== |
| 18 |
|
-**Nafday 10** – lawyer working as executive compensation and benefits associate. BS, BA 2005, University of California, Berkeley; JD Candidate 2010, The University of Chicago Law School |
| 19 |
|
-(Nafday, Rohit A. "From Sense to Nonsense and Back Again: SRO Immunity, Doctrinal Bait-and-Switch, and a Call for Coherence." The University of Chicago Law Review 77 (847): 2010. https://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/uploads/77.2/77-2-SRO20Immunity-Nafday.pdf) |
| 20 |
|
-In 1995, after having twice held that SRO employees are entitled to a minimum of qualified immunity in conduct associated with disciplinary proceedings,102 the district court for the Southern District of New York adopted the Austin holding in Mandelbaum v NYMEX. 103 |
| 21 |
|
- |
| 22 |
|
- |
| 23 |
|
-====SRO misconduct is rampant – students are choked, tasered, and shot to death – it's try or die for the aff==== |
| 24 |
|
-**Lee 15** ~~Jaeah; Jaeah is a former reporter at Mother Jones. Her writings have appeared in The Atlantic, the Guardian, Wired, Christian Science Monitor, Global Post, Huffington Post, Talking Points Memo, and Grist.; JUL. 14, 2015; "Chokeholds, brain injuries, beatings: Here's what happens when school cops go bad"; http://www.motherjones.com/politics/2015/05/police-school-resource-officers-k-12-misconduct-violence~~ JC |
| 25 |
|
-Over the past year, video footage from around the country of law enforcement officers |
|
11 |
+====Qualified immunity is a large part of case selection – deters lawyers from taking certain cases. ==== |
|
12 |
+**Reinert 11**, Alexander. "Does Qualified Immunity Matter?." University of St. Thomas Law Journal Vol 8 Issue 3. 2011. Web. October 06, 2016. http://ir.stthomas.edu/cgi/viewcontent.cgi?article=1261andcontext=ustlj. |
|
13 |
+The data are limited and anecdotal in nature, but assuming these results are representative |
| 26 |
26 |
AND |
| 27 |
|
-training and oversight, and a disproportionate impact on minority and disabled students. |
|
15 |
+the plaintiff's attorney thinks that the qualified immunity defense will ultimately be rejected. |
| 28 |
28 |
|
| 29 |
29 |
|
| 30 |
|
-====Tasers prove – SROs are brutal==== |
| 31 |
|
-**Klein 8/1** ~~Rebecca; Editor of education news for The Huffington Post; 8-1-2016; "School-Based Police Are Using Tasers on Students"; http://www.truth-out.org/news/item/37338-set-to-stun~~ JC |
| 32 |
|
-This is one of at least 84 incidents of children being Tasered or shot with |
|
18 |
+====Standards set by the court under QI make it easier to dismiss friv litigation==== |
|
19 |
+**Cotrell 94**, Eric. "Civil Rights Plaintiffs, Clogged Courts, And The Federal Rules of Civil Procedure: The Supreme Court." North Carolina Law Review Volume 74 Number 4. April 01, 1994. Web. October 06, 2016. http://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=3547andcontext=nclr. |
|
20 |
+Although Leatherman\'s ban on heightened standards may be consistent with the Court\ |
| 33 |
33 |
AND |
| 34 |
|
-184 in 2007. (The department stopped conducting regular surveys after 2009.) |
|
22 |
+frivolous civil rights suits-contrary to an overly broad interpretation of Leatherman. |
| 35 |
35 |
|
| 36 |
36 |
|
| 37 |
|
-====The police state oppresses children in schools==== |
| 38 |
|
-**Giroux 15** ~~Henry A.; 11-11-2015; McMaster University Professor for Scholarship in the Public Interest and The Paulo Freire Distinguished Scholar in Critical Pedagogy. He also is a Distinguished Visiting Professor at Ryerson University; "Terrorizing Students: The Criminalization of Children in the US Police State"; http://www.truth-out.org/opinion/item/33604-terrorizing-students-the-criminalization-of-children-in-the-us-police-state~~ JC |
| 39 |
|
-In part, the militarizing of schools and the accompanying surge of police officers are |
|
25 |
+====Court clog collapses the federal judiciary — overburdens dockets, expansion can't keep pace==== |
|
26 |
+**Oakley 96** (John, Distinguished Professor of Law Emeritus at the University of California Davis, "The Myth of Cost-Free Jurisdictional Reallocation," The Annals of the American Academy of Political and Social Science, Volume 543, p. 52—63, http://www.jstor.org/stable/1048447 |
|
27 |
+Personal effects: The hidden costs of greater workloads. The hallmark of federal justice |
| 40 |
40 |
AND |
| 41 |
|
-defined by a culture of fear and an utter distrust of young people? |
|
29 |
+jurisdiction would raise the most serious questions of the future course of the nation |
| 42 |
42 |
|
| 43 |
43 |
|
| 44 |
|
-===2 – Plan=== |
| 45 |
|
- |
| 46 |
|
- |
| 47 |
|
-====Resolved: The United States federal government should abolish qualified immunity for school resource officers.==== |
| 48 |
|
-**James 16** – Professor of Law Pepperdine University |
| 49 |
|
-(James, Bernard and Fhanysha Clark. "Body Worn Cameras: Student Privacy Rights and Video Surveillance." Minnesota Juvenile Officers Association 2016. http://www.mnjoa.org/files/112839109.pdf) |
| 50 |
|
-In what other capacities can the SRO serve as a resource for school officials? |
|
32 |
+====Separation of power solves unaccountable decisions to go to war – causes extinction. ==== |
|
33 |
+**Adler 96** (David, professor of political science at Idaho State, The Constitution and Conduct of American Foreign Policy, p. 23-25) |
|
34 |
+The structure of shared powers in foreign relations serves to deter the abuse of power |
| 51 |
51 |
AND |
| 52 |
|
-of uncertainty over the law and because their commanders will not allow it. |
|
36 |
+values in comparison to those of the American people and their representatives in Congress |
| 53 |
53 |
|
| 54 |
54 |
|
| 55 |
|
-====He continues:==== |
| 56 |
|
-Meanwhile, the duty of school officials to protect students benefits from the clarity of the reasoning provided by the courts in Beward v. Wittaker and Estate of Massey v. City of Philadelphia. Both the federal and the state court agree that educators have an affirmative duty to take all reasonable steps to prevent foreseeable harm to its students, such that educators are not entitled to qualified official immunity for negligent performance of this duty. |
| 57 |
|
- |
| 58 |
|
- |
| 59 |
|
-====The plan is a catalyst for further reform==== |
| 60 |
|
-**De Stefan 16** Lindsey De Stefan (J.D. Candidate, 2017, Seton Hall University School of Law). "No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" (2016). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850 JC |
| 61 |
|
-In recent months, it has been impossible to ignore the overwhelming presence of police |
|
39 |
+====Moral uncertainty means we should prevent extinction ==== |
|
40 |
+**Bostrom 12** ~~Nick Bostrom. Faculty of Philosophy and Oxford Martin School University of Oxford. "Existential Risk Prevention as Global Priority." Global Policy (2012)~~ |
|
41 |
+These reflections on moral uncertainty suggest an alternative, complementary way of looking at existential |
| 62 |
62 |
AND |
| 63 |
|
-step in decreasing the overall incidence of police misconduct in the United States. |
| 64 |
|
- |
| 65 |
|
- |
| 66 |
|
-====Wrongdoing SROs are held accountable – litigation affects conduct regardless of indemnification==== |
| 67 |
|
-**Rosen 5** Michael M. Rosen (Attorney in San Diego at Fish and Richardson PC, an intellectual property law firm; JD, Harvard Law). "A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement." 35GoldenGateU.L.Rev. (2005). http://digitalcommons.law.ggu.edu/ggulrev/vol35/iss2/2 |
| 68 |
|
-Of course, this entire edifice hangs on the assumption that law enforcement agents regularly |
| 69 |
|
-AND |
| 70 |
|
-, in the heat of the moment, whether reasonably or not.59 |
| 71 |
|
- |
| 72 |
|
- |
| 73 |
|
-====QI distorts civil rights law – it makes it so the law will never be clearly established==== |
| 74 |
|
-**Hassel 99** ~~Diana; Professor of Law and Associate Dean for Academic Affairs at Roger Williams University School of Law; "Living a Lie: The Cost of Qualified Immunity"; Missouri Law Review (1999); Available at: http://scholarship.law.missouri.edu/mlr/vol64/iss1/9~~ JC |
| 75 |
|
-On the other side of the lawsuit, qualified immunity promises much more to the |
| 76 |
|
-AND |
| 77 |
|
-should be protected and which we are content not to protect with monetary compensation |
| 78 |
|
- |
| 79 |
|
- |
| 80 |
|
-====Legal actions affect culture-civil rights movement proves==== |
| 81 |
|
-**Masket 15** SETH MASKET, OCT 5, 2015, "You Can Change Laws Without Changing Hearts and Minds" http://www.psmag.com/politics-and-law/you-can-change-laws-without-changing-hearts-and-minds |
| 82 |
|
-In the wake of yet another mass shooting, a rather familiar public debate is |
| 83 |
|
-AND |
| 84 |
|
-some of those changes have done the country a great deal of good. |
| 85 |
|
- |
| 86 |
|
- |
| 87 |
|
-===3 – Framing=== |
| 88 |
|
- |
| 89 |
|
- |
| 90 |
|
-====The judge must resist the imposition of dominant ideology on marginalized groups in educational spaces. TRIFONAS 03:==== |
| 91 |
|
-Trifonas, Peter. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE. New York, London. 2003. |
| 92 |
|
-Domination and subordination, I imply that they are relations of power. In an |
| 93 |
|
-AND |
| 94 |
|
-is to make the world a better place for us and for our childre |
| 95 |
|
- |
| 96 |
|
- |
| 97 |
|
-====And, current discourse on young people is violent – they are viewed as criminals, public disorders that must be dealt with, and resources for markets. Solving for children's oppression accesses other forms of oppression. GIROUX 15:==== |
| 98 |
|
-Henry A. Giroux ~| Youth in Authoritarian Times: Challenging Neoliberalism's Politics of Disposability Wednesday, 21 October 2015 00:00 By Henry A. Giroux, Truthout ~| News Analysis |
| 99 |
|
-The transformation of the social state into the corporate-controlled punishing state is made |
| 100 |
|
-AND |
| 101 |
|
-appear to be of little concern to the shameless apostles of permanent war. |
| 102 |
|
- |
| 103 |
|
- |
| 104 |
|
-====Thus, the role of the ballot and judge is to reject oppression with a focus on the youth. More warrants:==== |
| 105 |
|
- |
| 106 |
|
- |
| 107 |
|
-====1. Children are particularly excluded and not considered relevant by academics, allowing willful ignorance of violence that costs them their lives. Only a focus on children as an important group can stop systemic structural violence – otherwise all oppression towards them is rendered unseen. GIROUX 2K:==== |
| 108 |
|
-Public Pedagogy and the Responsibility of Intellectuals: Youth, Littleton, and the Loss of Innocence Henry A. Giroux. jac 20.1 (2000) |
| 109 |
|
-Unfortunately, as the post-Littleton debate has clearly shown, educators in a |
| 110 |
|
-AND |
| 111 |
|
-regarded as a detriment to adult society rather than as a valuable resource. |
| 112 |
|
- |
| 113 |
|
- |
| 114 |
|
-====And, Addressing the material conditions for violence specifically with children is required for the success of symbolic critique. Pure critique is not enough – it must be combined into tangible policy action. GIROUX 2:==== |
| 115 |
|
-Public Pedagogy and the Responsibility of Intellectuals: Youth, Littleton, and the Loss of Innocence Henry A. Giroux. jac 20.1 (2000) |
| 116 |
|
-To address the problems of youth, rigorous educational work must respond to the dilemmas |
| 117 |
|
-AND |
| 118 |
|
-, unemployment, police brutality, rape, sexual abuse, and racism. |
| 119 |
|
- |
| 120 |
|
- |
| 121 |
|
-====2. Debate is a unique forum for high-schooler's to advocate for children – children are denied participation due to the current structure of society. GODWIN 11:==== |
| 122 |
|
-Children's Oppression, Rights and Liberation by Samantha Godwin 2011 |
| 123 |
|
-While childhood similarly marks a stage of life that each of us will pass through |
| 124 |
|
-AND |
| 125 |
|
-they lack the legal rights to have the opportunity to acquire those means. |
|
43 |
+of value. To do this, we must prevent any existential catastrophe. |