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-Plan: The qualified immunity doctrine should be limited in excessive force cases to provide immunity only in cases where there has been a change in the legal standard. |
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-Hassel 9, Diana Professor of Law and Associate Dean for Academic Affairs @ Roger Williams University School of Law, B.A., 1979, Mount Holyoke College; J.D., 1985, Rutgers University School of Law. "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117. https://mckinneylaw.iu.edu/ilr/pdf/vol43p117.pdf |
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-Addressing the problem … the victim possible. |
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-Adv 1 – China |
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-U.S.-China relations are rapidly declining due to the perception that the U.S. takes the ethical high ground in international affairs, but refuses to address police brutality domestically. |
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-Tim Daiss ‘16 (), 7-19-2016, "This Is What China Thinks About U.S. Shootings," Forbes, http://www.forbes.com/sites/timdaiss/2016/07/09/this-is-what-china-thinks-about-us-shootings/#1e9324cc53a0 // AHS-DM, 10-21-2016 |
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-The troubling police … dealing with China. |
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-Climate change is getting worse, but increased relations between the U.S. and China resolve warming |
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-Lieberthal and Sandalow ‘9 |
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-(Kenneth Lieberthal Visiting Fellow, The Brookings Institution Professor, University of Michigan, David Sandalow Senior Fellow, The Brookings Institution January 2009 “Overcoming Obstacles to U.S.-China Cooperation on Climate Change” HY) |
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-Climate change is … promote economic recovery. |
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-Warming is real, anthropogenic and causes extinction. Flournoy ’12 cites Hsu |
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-In the Online Journal … take any chances” (Hsu 2010). |
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-Qualified immunity is good – it establishes the international perception that there is the immediate moral imperative to address police brutality and spills over to other policies. |
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-Sam Wright '15 (), 11-3-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/ // AHS-DM, 10-26-2016 |
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-I think Megan McArdle … make it happen. |
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-Empirically proven –lack of accountability for cops is what kills the U.S. perception abroad. |
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-Andrew Lam '16 (), 7-13-2016, " No Justice, No Peace in America " Huffington Post, http://www.huffingtonpost.com/andrew-lam/no-justice-no-peace-in-am_b_10968362.html // AHS-DM, 10-21-2016 |
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-Abroad, the lack …change won’t come. |
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-Qualified immunity is definitely the problem – it weakens the perception of police accountability. |
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-Erwin Chemerinsky ‘16, dean of the School of Law at the University of California, Irvine, “How the Supreme Court Protects Bad Cops,” New York Times, 26 August 2014. |
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-The court has … this crucial information. |
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-Adv 2 – Police Brutality |
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-Qualified immunity incentivizes police to avoid constitutional rights – leads to brutality. Rudkovsky 92: |
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-Rudovsky, David. "Police abuse: can the violence be contained." Harv. CR-CLL Rev. 27 (1992): 465. |
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-There is a … examine his truthfulness. |
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-That disproportionately hurts minority populations – increases structural violence.. Crockford 15 Kade Crockford, "Militarization of Police and Racial Justice Gone Wrong: The Eurie Stamps Tragedy", ACLU, Speak Freely, 09/29/2015 |
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-Duncan invokes the … your prior conduct. |
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-The standard is maximizing expected well-being. |
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-1. Actor Specificity- util is the only option for policymakers. Goodin ‘90 |
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-Robert E. Goodin. Philosopher of Political Theory, Public Policy, and Applied Ethics, Utilitarianism as a Public Philosophy, Cambridge University Press, 1995. p. 26-7 |
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-Consider, first, the … fine-grained for that. |
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-analytics |
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-The absence of personal identity commits us to consequentialism, and means that deontic autonomy or independence arguments don’t have a coherent subject. Shoemaker ‘99 |
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-Shoemaker, David. “Utilitarianism and Personal Identity.” The Journal of Value Inquiry 33: 183–199, 1999. |
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-Extreme reductionism might … such a theory. |