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-===Court Clog DA=== |
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+=SCHOOLS AC= |
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-====Courts are overworked in the squo—judges are at the edge and one big push collapses the judiciary.==== |
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-**Gersham 15** Jacob Gershman "Federal Judge Says His Overworked Colleagues Bench Close to Burnout" Wall Street Journal November 12^^th^^ 2015 |
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-Judges in federal trial courts have for some time expressed concern about the ever- |
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+==1AC== |
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+===1 – War Against Kids=== |
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+ |
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+====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==== |
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+**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 |
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+Between the founding of the first recognized school resource officer program in 1958 and the |
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-growing ones), but efforts to hire more judges have met political resistance. |
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+-wide abuses against students, especially disadvantaged students, across the country. |
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-====Qualified immunity is a large part of case selection – deters lawyers from taking certain cases. ==== |
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-**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. |
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-The data are limited and anecdotal in nature, but assuming these results are representative |
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+====Qualified immunity for SROs exist in the SQUO==== |
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+**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 |
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+(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) |
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+In 1995, after having twice |
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-the plaintiff's attorney thinks that the qualified immunity defense will ultimately be rejected. |
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+in Mandelbaum v NYMEX. 103 |
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-====Standards set by the court under QI make it easier to dismiss friv litigation==== |
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-**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. |
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-Although Leatherman\'s ban on heightened standards may be consistent with the Court\ |
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+====SRO misconduct is rampant – students are choked, tasered, and shot to death – it's try or die for the aff==== |
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+**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 |
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+Over the past year, video footage from around the country of law enforcement officers |
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-frivolous civil rights suits-contrary to an overly broad interpretation of Leatherman. |
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+training and oversight, and a disproportionate impact on minority and disabled students. |
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-====Court clog collapses the federal judiciary — overburdens dockets, expansion can't keep pace==== |
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-**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 |
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-Personal effects: The hidden costs of greater workloads. The hallmark of federal justice |
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+====Tasers prove – SROs are brutal==== |
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+**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 |
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+This is one of at least 84 incidents of children being Tasered or shot with |
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-jurisdiction would raise the most serious questions of the future course of the nation |
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+184 in 2007. (The department stopped conducting regular surveys after 2009.) |
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-====Separation of power solves unaccountable decisions to go to war – causes extinction. ==== |
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-**Adler 96** (David, professor of political science at Idaho State, The Constitution and Conduct of American Foreign Policy, p. 23-25) |
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-The structure of shared powers in foreign relations serves to deter the abuse of power |
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+====The police state oppresses children in schools==== |
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+**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 |
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+In part, the militarizing of schools and the accompanying surge of police officers are |
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-values in comparison to those of the American people and their representatives in Congress |
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+defined by a culture of fear and an utter distrust of young people? |
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-====Moral uncertainty means we should prevent extinction ==== |
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-**Bostrom 12** ~~Nick Bostrom. Faculty of Philosophy and Oxford Martin School University of Oxford. "Existential Risk Prevention as Global Priority." Global Policy (2012)~~ |
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-These reflections on moral uncertainty suggest an alternative, complementary way of looking at existential |
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+===2 – Plan=== |
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+ |
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+ |
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+====Resolved: The United States federal government should abolish qualified immunity for school resource officers.==== |
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+**James 16** – Professor of Law Pepperdine University |
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+(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) |
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+In what other capacities can the SRO serve as a resource for school officials? |
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-of value. To do this, we must prevent any existential catastrophe. |
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+of uncertainty over the law and because their commanders will not allow it. |
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+ |
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+ |
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+====He continues:==== |
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+Meanwhile, the duty of school |
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+AND |
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+educators are not entitled to qualified official immunity for negligent performance of this duty. |
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+ |
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+ |
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+====The plan is a catalyst for further reform==== |
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+**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 |
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+In recent months, it has been impossible to ignore the overwhelming presence of police |
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+AND |
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+step in decreasing the overall incidence of police misconduct in the United States. |
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+ |
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+ |
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+====Wrongdoing SROs are held accountable – litigation affects conduct regardless of indemnification==== |
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+**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 |
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+Of course, this entire edifice hangs on the assumption that law enforcement agents regularly |
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+AND |
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+, in the heat of the moment, whether reasonably or not.59 |
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+ |
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+ |
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+====QI distorts civil rights law – it makes it so the law will never be clearly established==== |
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+**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 |
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+On the other side of the lawsuit, qualified immunity promises much more to the |
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+AND |
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+should be protected and which we are content not to protect with monetary compensation |
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+ |
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+ |
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+====Legal actions affect culture-civil rights movement proves==== |
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+**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 |
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+In the wake of yet another mass shooting, a rather familiar public debate is |
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+AND |
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+some of those changes have done the country a great deal of good. |
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+ |
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+===3 – Framing=== |
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+ |
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+====The judge must resist the imposition of dominant ideology on marginalized groups in educational spaces. TRIFONAS 03:==== |
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+Trifonas, Peter. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE. New York, London. 2003. |
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+Domination and subordination, I imply that they are relations of power. In an |
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+AND |
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+is to make the world a better place for us and for our childre |
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+ |
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+ |
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+====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:==== |
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+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 |
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+The transformation of the social state into the corporate-controlled punishing state is made |
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+AND |
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+appear to be of little concern to the shameless apostles of permanent war. |
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+ |
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+====Thus, the role of the ballot and judge is to reject oppression with a focus on the youth. More warrants:==== |
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+====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:==== |
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+Public Pedagogy and the Responsibility of Intellectuals: Youth, Littleton, and the Loss of Innocence Henry A. Giroux. jac 20.1 (2000) |
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+Unfortunately, as the post-Littleton debate has clearly shown, educators in a |
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+AND |
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+regarded as a detriment to adult society rather than as a valuable resource. |
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+ |
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+====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:==== |
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+Public Pedagogy and the Responsibility of Intellectuals: Youth, Littleton, and the Loss of Innocence Henry A. Giroux. jac 20.1 (2000) |
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+To address the problems of youth, rigorous educational work must respond to the dilemmas |
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+AND |
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+, unemployment, police brutality, rape, sexual abuse, and racism. |
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+ |
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+====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:==== |
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+Children's Oppression, Rights and Liberation by Samantha Godwin 2011 |
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+While childhood similarly marks a stage of life that each of us will pass through |
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+AND |
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+they lack the legal rights to have the opportunity to acquire those means. |