Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[4]
  • Caselist.CitesClass[4]

Details

Caselist.RoundClass[4]

EntryDate

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1		-2016-12-10 20:43:25.609
	1	+2016-12-10 20:43:25.0

Caselist.CitesClass[4]

Cites

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	1	+====Qualified immunity for security officials is necessary to secrecy, efficiency, and flexible decision-making. Samp '16====
	2	+*Brackets in original
	3	+**Richard A. Samp ~~JD Washington Legal Foundation~~ June 8, 2016 Ascroft v Turkmen Amicus Briefs. BRIEF OF FORMER U.S. ATTORNEYS GENERAL WILLIAM P. BARR, ALBERTO R. GONZALES, EDWIN MEESE III, MICHAEL B. MUKASEY, AND DICK THORNBURGH; FORMER FBI DIRECTORS WILLIAM S. SESSIONS AND WILLIAM H. WEBSTER; AND WASHINGTON LEGAL FOUNDATION AS AMICI CURIAE IN SUPPORT OF PETITIONERS **http://www.scotusblog.com/wp-content/uploads/2016/06/Ashcroft-v-Turkmen-WLF-amicus.pdf
	4	+The petitions raise issues of exceptional importance. Amici urge the Court to grant
	5	+AND
	6	+right was "clearly established"—is particularly warranted in this case.
	7	+
	8	+**====1. Studies show officers fear litigation, which creates a chilling effect on enforcement====**
	9	+**Hawkins and Montsinger 07 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**
	10	+Litigaphobia**, also referred to as Police Liability Syndrome, **creates a** certain **paralysis in
	11	+AND
	12	+**become trained to avoid the "chill effect" that litigation may present. **
	13	+
	14	+
	15	+====2. Flexibility is key to fighting terror Kirchner '14====
	16	+Richard (Rik) Kirchner, Jr. is Chief Executive Officer of KIRIK International, Inc., and Executive Director of the Institute for Surveillance and Threat Detection, a first of its kind educational center dedicated solely to the discipline of Surveillance Detection and Behavioral Detection, delivering Antiterrorism and Threat assessment, development, and implementation to High Value Target and Critical Infrastructure/Key Resource program managers for comprehensive Threat Detection programs with subject matter expertise in Hostile Surveillance, Threat Detection, and Threat Management. "Surveillance and Threat Detection: Prevention versus Mitigation." Elsevier. 2014. https://books.google.com/books?id=NYS-AQAAQBAJandpg=PA37andlpg=PA37anddq=22search+and+seizure22+and+22prevent+terrorism22andsource=blandots=jMP5xoUYQkandsig=u-N0ufTTRfALYHgFDQ_ZNtlWgYMandhl=enandsa=Xandved=0ahUKEwiO94Lu0rHQAhVnrVQKHW63AW8Q6AEISjAJ~~#v=onepageandq=22search20and20seizure2220and2022prevent20terrorism22andf=false JJN
	17	+While counterterrorism and terrorism prevention are concepts traditionally associated with our nation's intelligence agencies,
	18	+AND
	19	+who has just pulled over a person for speeding recklessly on the highway.
	20	+
	21	+
	22	+====Impact:====
	23	+
	24	+
	25	+====Terrorism causes liberty violations—9/11 proves. Also turns case because undermines constitutional protections. NYCLU====
	26	+("Eroding Liberty: Rights and Freedoms We Have Needlessly Lost in the Name of National Security," New York Bill of Rights Defense Campaign—New York Civil Liberties Union, http://www.nyclu.org/pdfs/eroding_liberty.pdf, No Date but it has to be sometime in the last 15 years, probably last 10, and date doesn't matter for the claim it makes)
	27	+Through the enactment of the USA PATRIOT Act and subsequent executive directives and regulations,
	28	+AND
	29	+000 are now in deportation proceedings. None have been charged with terrorism.
	30	+
	31	+
	32	+====QI prevents frivolous lawsuits Taddei 12====
	33	+John P. Taddei 12 J.D. Northwestern University School of Law, "Beyond Absolute Immunity: Alternative Protections for Prosecutors Against Ulitmate Liability for 1983 Suits," Northwestern University Law Review, Volume 106, Number 4, 2012,
	34	+The Court itself has acknowledged that qualified immunity is adequate to protect an official from
	35	+AND
	36	+willing to take a step back from a regime of absolute prosecutorial immunity.
	37	+
	38	+
	39	+====Aff empirically clogs courts.====
	40	+Noll, David L. "Qualified Immunity in Limbo: Rights, Procedure, and the Social Costs of Damages Litigation Against Public Officials." NYUL Rev. 83 (2008): 911. MS
	41	+In the context of ordinary civil litigation between two private parties, the total (
	42	+AND
	43	+and has undoubtedly affected the development of the modern qualified immunity doctrine.53
	44	+
	45	+
	46	+====Federal Courts are at risk of case overload – dockets are full – aff risks patent protections, U.S. economic decline, and judicial ineffectiveness that turns the entire aff====
	47	+Clark '15 ("Federal Court Caseloads Threaten Constitutional Protections," pg online @ https://www.prisonlegalnews.org/news/2015/mar/4/federal-court-caseloads-threaten-constitutional-protections/ ghs-ef
	48	+Civil and criminal case filings in federal courts have grown dramatically over the past two
	49	+AND
	50	+to address increasing federal court caseloads and the need to fill judicial vacancies?
	51	+
	52	+
	53	+====That makes nuclear war probable – O'Hanlon and Lieberthal 12====
	54	+Michael O'Hanlon, Ph.D., is a senior fellow at The Brookings Institution, specializing in defense and foreign policy issues. Kenneth Lieberthal, Ph.D., is a senior fellow in Foreign Policy and Global Economy and Development at Brookings. "The real national security threat: America's debt," July 3, LA Times Op-Ed, http://articles.latimes.com/2012/jul/03/opinion/la-oe-ohanlon-fiscal-reform-20120703
	55	+Lastly, American economic weakness undercuts U.S. leadership abroad. Other countries
	56	+AND
	57	+regions will likely become less stable. Major war will become more likely.
	58	+
	59	+
	60	+====Extinction====
	61	+**Wickersham 10** - University of Missouri adjunct professor of Peace Studies and a member of The Missouri University Nuclear Disarmament Education Team, author book about nuclear disarmament education (Bill, 4/11/10, "Threat of 'nuclear winter' remains New START treaty is step in right direction." http://www.columbiatribune.com/news/2010/apr/11/threat-of-nuclear-winter-remains/)
	62	+In addressing the environmental consequences of nuclear war, Columbian Steve Starr has written a
	63	+AND
	64	+war fought with thousands of strategic nuclear weapons would leave the Earth uninhabitable."
	65	+
	66	+
	67	+====Interpretation and Violation:====
	68	+
	69	+
	70	+====Corrections officers are distinct from police – they're not topical.====
	71	+Jeff Roberts, 2013
	72	+"Patrol Officer vs. Sheriff's Deputy vs. Correctional Officer: Which Entry-Level Law Enforcement Job is Right for You?"
	73	+Correctional officers – often referred to as "COs" – represent an entirely different
	74	+AND
	75	+another 26,000 expected to be available by 2020 (see chart).
	76	+
	77	+
	78	+====Standards:====
	79	+Limits
	80	+
	81	+Ground
	82	+
	83	+Topic lit
	84	+
	85	+
	86	+====The aff on the 2016 November/December topic must specify what and how they are limiting qualified immunity. According to Merriam Webster limit is defined as "something that bounds, restrains, or confines." This means the aff must defend some type of restraint or confinement on qualified immunity.====
	87	+
	88	+
	89	+====C: Standards ====
	90	+
	91	+
	92	+====Ground ====
	93	+
	94	+
	95	+====Stable Advocacy ====
	96	+
	97	+
	98	+====Clash: ====
	99	+
	100	+
	101	+====D: Voters Vote on fairness
	102	+Vote on education
	103	+
	104	+====CP text: Do the aff only for CO's and NSA officials.====
	105	+Solves case and avoids DA's.

EntryDate

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	1	+2016-12-10 20:43:27.113

Judge

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	1	+Claire Kueffner

Opponent

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	1	+Bentonville JS

ParentRound

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	1	+4

Round

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	1	+3

Team

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	1	+Santa Monica Evans Neg

Title

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	1	+NC-Terror DA, Court Clog DA, COs T, Aspec, PIC

Tournament

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	1	+Isidore Newman Invitational