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... ... @@ -15,12 +15,9 @@ 15 15 ====AND, Discursive autonomy is a prior question. Complacency in language render us unintelligible. 16 16 Agamben 2K (Giorgio, professor of philosophy at the College International de Philosophie in Paris, Means Without End: Notes on Politics, p. 95-97) ED 17 17 ==== 18 +If what human beings had to communicate to each other were always and only something, there would never be politics properly speaking, but only exchange and con¬flict, signals and answers. But because what human be¬ings have to communicate to each other is above all a pure communicability (that is, language), politics then arises as the communicative emptiness in which the hu¬man face emerges as such. It is precisely this empty space that politicians and the media establishment are trying to be sure to control, by keeping it separate in a sphere that guarantees its unseizability and by preventing com¬municativity itself from coming to light. This means that an integrated Marxian analysis should take into consid¬eration the fact that capitalism (or whatever other name we might want to give to the process dominating world history today) not only was directed to the expropria¬tion of productive activity, but was also and above all directed to the alienation of language itself, of the com¬municative nature of human beings. Inasmuch as it is nothing but pure communicability, every human face, even the most noble and beautiful, is always suspended on the edge of an abyss. This is pre¬cisely why the most delicate and graceful faces some¬times look as if they might suddenly decompose, thus letting the shapeless and bottomless background that threatens them emerge. But this amorphous background is nothing else than the opening itself and communica¬bility itself inasmuch as they are constituted as their own presuppositions as if they were a thing. The only face to remain uninjured is the one capable of taking the abyss of its own communicability upon itself and of exposing it without fear or complacency. This is why the face contracts into an expression, stiff¬ens into a character, and thus sinks further and further into itself. As soon as the face realizes that communica¬bility is all that it is and hence that it has nothing to ex¬press — thus withdrawing silently behind itself, inside its own mute identity—it turns into a grimace, which is what one calls character. Character is the constitutive ret¬icence that human beings retain in the word; but what one has to take possession of here is only a nonlatency, a pure visibility: simply a visage. The face is not some¬thing that transcends the visage: it is the exposition of the visage in all its nudity, it is a victory over charac¬ter—it is word. 18 18 19 -If what human beings had to communicate 20 -AND 21 -a victory over charac¬ter—it is word. 22 22 23 - 24 24 ====AND, The debate space is necessary to challenge harmful discourses.==== 25 25 **Shanahan 93** William Shanahan (Ft. Hays State University, Kansas) "kritik of thinking" Debater's Research Guide, Health Care Policy, 1993 http://groups.wfu.edu/debate/MiscSites/DRGArticles/Shanahan1993HealthCare.htm 26 26 Policy has a stranglehold on debate worthy of any NYC transit cop. Argument must - EntryDate
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... ... @@ -1,129 +1,43 @@ 1 -= SCHOOLSAC=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 - -wideabusesagainststudents,especiallydisadvantagedstudents,acrossthe 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 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 21 21 AND 22 -in MandelbaumvNYMEX.10315 +the plaintiff's attorney thinks that the qualified immunity defense will ultimately be rejected. 23 23 24 24 25 -====S RO misconductis rampant – studentsare choked,tasered,andshottodeath–it'stryordiefor theaff====26 -** Lee15**~~Jaeah;Jaeahis aformerreporteratMotherJones.Herwritingshave appearedinTheAtlantic, the Guardian, Wired,ChristianScience Monitor,Global Post, HuffingtonPost, TalkingPoints Memo,andGrist.;JUL. 14,2015;"Chokeholds,braininjuries,beatings:Here's whathappenswhen schoolcops go bad";http://www.motherjones.com/politics/2015/05/police-school-resource-officers-k-12-misconduct-violence~~JC27 - Overthepastyear,videofootagefromaroundthe country of lawenforcementofficers18 +====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\ 28 28 AND 29 - training andoversight,and a disproportionate impactonminority anddisabledstudents.22 +frivolous civil rights suits-contrary to an overly broad interpretation of Leatherman. 30 30 31 31 32 -==== Tasersprove–SROs arebrutal====33 -** Klein8/1**~~Rebecca;Editor of educationnews for TheHuffingtonPost; 8-1-2016;"School-BasedPolice AreUsingTasersonStudents";http://www.truth-out.org/news/item/37338-set-to-stun~~ JC34 - Thisisoneofatleast84incidents ofchildren beingTaseredor shotwith25 +====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 35 35 AND 36 - 184in2007.(Thedepartmentstoppedconductingregularsurveysafter2009.)29 +jurisdiction would raise the most serious questions of the future course of the nation 37 37 38 38 39 -==== Thepolice stateoppresses childreninschools====40 -** Giroux15**~~Henry A.; 11-11-2015; McMaster UniversityProfessorforScholarship inthe PublicInterestand The PauloFreire DistinguishedScholar in CriticalPedagogy.Healso is a DistinguishedVisiting Professorat RyersonUniversity; "Terrorizing Students: The Criminalizationof Childrenin the US Police State";http://www.truth-out.org/opinion/item/33604-terrorizing-students-the-criminalization-of-children-in-the-us-police-state~~JC41 - In part, themilitarizingof schoolsandthe accompanyingsurge ofpoliceofficersare32 +====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 42 42 AND 43 - definedbyaculture offearandanutterdistrustofyoungpeople?36 +values in comparison to those of the American people and their representatives in Congress 44 44 45 45 46 -===2 – Plan=== 47 - 48 - 49 -====Resolved: The United States federal government should abolish qualified immunity for school resource officers.==== 50 -**James 16** – Professor of Law Pepperdine University 51 -(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) 52 -In what other capacities can the SRO serve as a resource for school officials? 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 53 53 AND 54 -of uncertainty over the law and because their commanders will not allow it. 55 - 56 - 57 -====He continues:==== 58 -Meanwhile, the duty of school 59 -AND 60 -educators are not entitled to qualified official immunity for negligent performance of this duty. 61 - 62 - 63 -====The plan is a catalyst for further reform==== 64 -**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 65 -In recent months, it has been impossible to ignore the overwhelming presence of police 66 -AND 67 -step in decreasing the overall incidence of police misconduct in the United States. 68 - 69 - 70 -====Wrongdoing SROs are held accountable – litigation affects conduct regardless of indemnification==== 71 -**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 72 -Of course, this entire edifice hangs on the assumption that law enforcement agents regularly 73 -AND 74 -, in the heat of the moment, whether reasonably or not.59 75 - 76 - 77 -====QI distorts civil rights law – it makes it so the law will never be clearly established==== 78 -**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 79 -On the other side of the lawsuit, qualified immunity promises much more to the 80 -AND 81 -should be protected and which we are content not to protect with monetary compensation 82 - 83 - 84 -====Legal actions affect culture-civil rights movement proves==== 85 -**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 86 -In the wake of yet another mass shooting, a rather familiar public debate is 87 -AND 88 -some of those changes have done the country a great deal of good. 89 - 90 - 91 -===3 – Framing=== 92 - 93 - 94 -====The judge must resist the imposition of dominant ideology on marginalized groups in educational spaces. TRIFONAS 03:==== 95 -Trifonas, Peter. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE. New York, London. 2003. 96 -Domination and subordination, I imply that they are relations of power. In an 97 -AND 98 -is to make the world a better place for us and for our childre 99 - 100 - 101 -====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:==== 102 -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 103 -The transformation of the social state into the corporate-controlled punishing state is made 104 -AND 105 -appear to be of little concern to the shameless apostles of permanent war. 106 - 107 - 108 -====Thus, the role of the ballot and judge is to reject oppression with a focus on the youth. More warrants:==== 109 - 110 - 111 -====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:==== 112 -Public Pedagogy and the Responsibility of Intellectuals: Youth, Littleton, and the Loss of Innocence Henry A. Giroux. jac 20.1 (2000) 113 -Unfortunately, as the post-Littleton debate has clearly shown, educators in a 114 -AND 115 -regarded as a detriment to adult society rather than as a valuable resource. 116 - 117 - 118 -====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:==== 119 -Public Pedagogy and the Responsibility of Intellectuals: Youth, Littleton, and the Loss of Innocence Henry A. Giroux. jac 20.1 (2000) 120 -To address the problems of youth, rigorous educational work must respond to the dilemmas 121 -AND 122 -, unemployment, police brutality, rape, sexual abuse, and racism. 123 - 124 - 125 -====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:==== 126 -Children's Oppression, Rights and Liberation by Samantha Godwin 2011 127 -While childhood similarly marks a stage of life that each of us will pass through 128 -AND 129 -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. - EntryDate
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... ... @@ -1,0 +1,29 @@ 1 +===Early Intervention=== 2 + 3 + 4 +====Text: The US Department of Justice will require that ~~police departments~~ implement early intervention systems==== 5 +**Campaign Zero no date clarifies the advocacy** ~~Campaign Zero; Campaign ZERO was developed with contributions from activists, protesters and researchers across the nation. This data-informed platform presents comprehensive solutions to end police violence in America. It integrates community demands and policy recommendations from research organizations and the President's Task Force on 21st Century Policing; "Limit Use of Force"; http://www.joincampaignzero.org/force~~ JC 6 +A. Report all uses of force to a database with information on related injuries 7 +AND 8 +these officers from serving as police officers, teachers or other governmental employees. 9 + 10 + 11 +====EI programs are seen as unneeded – the CP is key to expanding their use==== 12 +**Ceriale 16** ~~Matthew A.; University of Central Florida; "Early Intervention Systems: An Evaluative Review of Their History and Use" (2016); Honors in the Major Theses; Paper 32; http://stars.library.ucf.edu/cgi/viewcontent.cgi?article=1032andamp;context=honorstheses~~ JC 13 +EI systems have been listed as a best practice and highly effective both in case 14 +AND 15 +systems so that it can then move forward to improving and enlarging them. 16 + 17 + 18 +====CP solves the aff – it's empirically successful and the police themselves support it==== 19 +**Walker et al 1** ~~"Early Warning Systems: Responding to the Problem Police Officer"; Samuel Walker, Geoffrey P. Alpert, and Dennis J. Kenney; July 2001; U.S. Department of Justice Office of Justice Programs National Institute of Justice; https://www.ncjrs.gov/pdffiles1/nij/188565.pdf~~ JC 20 +Early warning systems appear to have a dramatic effect on reducing citizen complaints and other 21 +AND 22 +abstract, moralistic, or otherwise unrelated to practical aspects of police work. 23 + 24 + 25 +====Increases accountability – wrongdoing police get punished==== 26 +**Harris 12** ~~David A.; Professor of Law, University of Pittsburgh School of Law; "How Accountability-Based Policing Can Reinforce— Or Replace—The Fourth Amendment Exclusionary Rule"; OHIO STATE JOURNAL OF CRIMINAL LAW Vol 7: 149; http://moritzlaw.osu.edu/students/groups/osjcl/files/2012/05/Harris-FinalPDF.pdf~~ JC 27 +In some departments, such as the Pittsburgh Police Bureau,75 chiefs hold periodic 28 +AND 29 +. Thus, compliance with rules and standards set by the organization increases. - EntryDate
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... ... @@ -1,0 +1,67 @@ 1 +===Policing Links=== 2 + 3 + 4 +====The aff leads to a policing apocalypse – 3 warrants==== 5 + 6 + 7 +====1. Costs==== 8 + 9 + 10 +====Huge litigation costs disable police departments==== 11 +**King 7/1** ~~Andrew; Assistant Prosecuting Attorney. B.A. from The Ohio State University, J.D., summa cum laude from Capital University Law School. Member of the bars of the Supreme Court of Ohio, the Sixth Circuit Court of Appeals, and both the United States District Courts for the Southern District of Ohio and the Northern District of Ohio. Andrew is a past associate editor of the Capital University Law School Law Review and is the author of several published legal articles; 7-1-2016; "Keep Qualified Immunity...For Now"; http://mimesislaw.com/fault-lines/keep-qualified-immunity-for-now/11010~~ JC 12 +Plus, we're told, making lawsuits easier would bring about a policing apocalypse: 13 +AND 14 +figure out a better one before tearing down the old one. 15 + 16 + 17 + 18 +====2. Recruitment==== 19 + 20 + 21 +====Being a police officer is a difficult job, and police agencies are already struggling to fill vacancies==== 22 +**Christopher 3/5** Burns Christopher. 3/5/16 (Writer for Bangor Daily News,) "Why Maine police departments have a hard time filling jobs" http://bangordailynews.com/2016/03/05/the-point/why-maine-police-departments-have-a-hard-time-filling-jobs/ 23 +Law enforcement agencies in the midcoast and Washington County have made news recently because they're 24 +AND 25 +known about the recruitment troubles, however, is largely anecdotal. 26 + 27 + 28 + 29 +====Without qualified immunity, people would be strongly deterred from taking on jobs as police officers ==== 30 +**Schott 12** Richard J. (Writer for FBI Bulletin, J.D.) "Qualified Immunity How It Protects Law Enforcement Officers". FBI Law Enforcement Bulletin. 2012 31 +The Supreme Court found no reason to differentiate between the other defendants in this case 32 +AND 33 +while government employees performing the same tasks would be protected by qualified immunity. 34 + 35 + 36 +====3. Chilling effect==== 37 + 38 + 39 +====Studies show officers fear litigation, which creates a chilling effect on enforcement==== 40 +**Hawkins and Montsinger 7 **Homer C. Hawkins (Associate Professor, School of Criminal Justice, Michigan State University) and Catherine Montsinger (Assistant Professor, Criminology, Johnson C. Smith University). "Police and Civil Liability: A Practical Guide to Avoiding Litigation." Law Enforcement Executive Forum•2007•7(1). https://www.iletsbeiforumjournal.com/images/Issues/FreeIssues/ILEEF202007-7.1.pdf 41 +Litigaphobia, also referred to as Police Liability Syndrome, creates a certain paralysis in 42 +AND 43 +become trained to avoid the "chill effect" that litigation may present. 44 + 45 + 46 +===Policing Impact – Crime=== 47 + 48 + 49 +====Police are key to mitigating crime==== 50 +**Medved 14** ~~Michael Medved; 8-21-2014; "Slow down, police are the good guys: Column"; http://www.usatoday.com/story/opinion/2014/08/21/police-militarization-ferguson-crime-violence-justice-bureau-column/14307505/~~ JC 51 +If an American institution inspires public confidence through conspicuous, consistent progress over the course 52 +AND 53 +crime rates, and might have even accelerated those improvements in public safety. 54 + 55 + 56 +====Crime exacerbates poverty==== 57 +**Samenow 14** ~~Stanton Samenow, Ph.D., received his B.A. (cum laude) from Yale University in 1963 and his Ph.D. in psychology from the University of Michigan in 1968; 12-24-2014; "Crime Causes Poverty"; https://www.psychologytoday.com/blog/inside-the-criminal-mind/201412/crime-causes-poverty~~ JC 58 +What may not be apparent is that crime causes poverty. Consider the costs of 59 +AND 60 +it when criminals demolish overnight what they have worked so hard to build. 61 + 62 + 63 +====Violent crime destroys the quality of life==== 64 +**Berman 16**. Mark. (Mark Berman covers national news for The Washington Post and anchors Post Nation, a destination for breaking news and stories from around the country.) "Violent crime and murders both went up in 2015, FBI says" September 26 2016 65 +Homicides in the United States went up by more than 10 percent in 2015 over 66 +AND 67 +us — and so all of us have a responsibility to end it." - EntryDate
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