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+Analytics |
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+The standard is respecting freedom. Prefer |
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+Performativity- Ostrowski on Hoppe |
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+James, , A SYMPOSIUM ON DRUG DECRIMINALIZATION: THE MORAL AND PRACTICAL CASE FOR DRUG LEGALIZATION. SPRING, 1990 18 Hofstra L. Rev. 607 |
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+"Argumentation is...of non-aggression. |
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+2. Analytic |
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+3. If the universal subject is abstract, then an abstraction is necessary. The universal subject is key to challenging all forms of oppression. Farr |
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+Arnold (prof of phil @ UKentucky, focusing on German idealism, philosophy of race, postmodernism, psychoanalysis, and liberation philosophy). “Can a Philosophy of Race Afford to Abandon the Kantian Categorical Imperative?” JOURNAL of SOCIAL PHILOSOPHY, Vol. 33 No. 1, Spring 2002, 17–32. |
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+Whereas most criticisms...its emancipatory potential. |
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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 |
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+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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+First, individuals have a right to redress independent of whether we ought to hold the police officers accountable. Darwall 11 |
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+Darwall, Stephen, and Julian Darwall. "Civil Recourse as Mutual Accountability." Fla. St. UL Rev. 39 (2011): 17. |
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+Goldberg and Zipursky... performing certain acts.”44 |
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+Second, public officials derive their authority from the people, the public official must act for public ends, which is a limitation that comes from the source of their authority. Ripstein |
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+Ripstein, Arthur. Force and Freedom: Kant’s Legal and Political Philosophy. Harvard University Press, Cambridge, Massachusetts. 2009. Pg 196. |
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+Powers exercised within...its own law. |
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+Qualified immunity as it exists now doesn’t enable that – eliminating the double reasonableness requirement is key. Hassel 2 |
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+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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+This Article focuses...deter police violence. |
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+Third, qualified immunity is a unilateral assertion of right—the standards are too vague. Stemerman 2 |
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+Jonathan M. Stemerman (Lawyer, former clerk to Justice Randy J. Holland of the Delaware Supreme Court). Unclearly Establishing Qualified Immunity: What Sources of Authority May Be Used to Determine Whether the Law Is Clearly Established in the Third Circuit, 47 Vill. L. Rev. 1221 (2002). http://digitalcommons.law.villanova.edu/vlr/vol47/iss5/8 |
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+The absence of...will remain unclear. |