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+Qualified immunity permits police officers to violate constitutional rights with impunity. This creates large-scale, unaccountable structural violence. |
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+Chemerinky 14 Erwin, Dean of the School of Law at the University of California, Irvine; he is a prominent scholar in US constitutional law and federal civil procedure, How the Supreme Court Protects Bad Cops, 2014 |
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+Because it is ... Court changes course? |
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+This spills over to create a politics of disposability |
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+Giroux 16 Henry Giroux, “The Racist Killing Machine in the Age of Anti-Politics,” Counterpunch, 2016 |
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+The killing machine ... entertainment, and policy. |
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+This coopts enthusiasm and funding for real reform |
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+Mirra 08 Mirra, Carl. "Countering Militarism through Peace Education." Encyclopedia of Peace Education (2008): n. pag. Web. 16 July 2016 |
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+Of special importance ... propel militaristic attitudes. |
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+Additional force is inadequate |
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+ACLU 14 (American Civil Liberties Union. "War Comes Home The Excessive Militarization of American Policing." https://www.aclu.org/sites/default/files/assets/jus14-warcomeshome-report-web-rel1.pdf) |
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+American policing has ... undermine civil liberties. |
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+The root cause of unaccountability is the double reasonableness standard. |
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+Hassel 09 Diana Hassel, EXCESSIVE REASONABLENESS, Professor, Roger Williams University School of Law, 2009 |
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+Qualified immunity has ... into one inquiry. |
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+I assert that the United States Supreme Court ought to reverse the Harlow v. Fitzgerald ruling in part, establishing an objective reasonableness standard for qualified immunity for police officers in Fourth Amendment cases that only applies when there has been a change in the law, not merely a new application of an established doctrine. |
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+Hassel 09 Diana Hassel, EXCESSIVE REASONABLENESS, Professor, Roger Williams University School of Law, 2009 |
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+The Court’s development ... the victim possible. |
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+Qualified immunity shifts the debate away from a discussion of civil rights. |
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+Hassel 99 Diana Hassel - Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New JerseyNewark. “Living a Lie: The Cost of Qualified Immunity.” Missouri Law Review. Winter 1999 |
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+Qualified immunity has ... and real circumstances. |
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+The aff is crucial to repair community relationships |
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+De Stefan De Stefan, Lindsey, (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" (2017). Law School Student Scholarship |
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+By beginning to ... is so crucial. |
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+AND police accountability is key to fair and effective law enforcement- turns disads |
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+OJP 16 Office of Justice Programs (Agency of the Department of Justice). “Race, Trust and Police Legitimacy.” National Institute of Justice. 14 July 2016. |
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+Research consistently shows ... controlling crime effectively. |
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+Second, the aff is key to taking back the judicial system. |
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+Reinhardt 15
Stephen R. Reinhardt, (Circuit Judge, United States Court of Appeals for the Ninth Circuit.) The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences, 113 Mich. L. Rev. 1219 (2015) |
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+On today’s Court, ... persons are entitled. |
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+Liability means accountability, no matter who pays |
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+Rappaport 16 John Rappaport, Assistant professor at the University of Chicago Law School, Cops can ignore Black Lives Matter protesters. They can’t ignore their insurers, 2016 |
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+The arrangement creates ... leverage over them. |
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+Debate should surround material consequences~-~- ideal theories ignore tangible oppression and the nuance of the real world |
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+Curry 14 Dr. Tommy J. Curry 14, “The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century”, Victory Briefs, 2014 |
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+Mills, however, describes ... tendencies and politics. |
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+Thus the standard is mitigating structural violence. |
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+Exclusion based on perceived differences makes ethical theories illegitimate. |
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+Winter and Leighton 99 |Deborah DuNann Winter and Dana C. Leighton. Winter|Psychologist that specializes in Social Psych, Counseling Psych, Historical and Contemporary Issues, Peace Psychology. Leighton: PhD graduate student in the Psychology Department at the University of Arkansas. Knowledgable in the ... building lasting peace. |
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+Universal ethical obligations fail to account for status quo ante inequalities—acknowledging these is a prerequisite to any form of morality |
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+Llorente 03 Renzo Llorente. “Maurice Cornforth’s Contribution to Marxist Metaethics.” NATURE, SOCIETY, AND THOUGHT Vol. 16, No. 3 (2003) |
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+The problem, argues ... their interests prevail. |
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+Education must prioritize equity—this requires minimizing structural antagonism to facilitate open discourse |
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+Trifonas 03 PETER PERICLES TRIFONAS. PEDAGOGIES OF DIFFERENCE: RETHINKING EDUCATION FOR SOCIAL CHANGE/ RoutledgeFalmer. New York, London. 2003. Questia |
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+Thus, paying attention ... teachers and students. |
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+Embracing the state as a heuristic is key to truly understanding power. |
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+Zanotti 14 Dr. Laura Zanotti is an Associate Professor of Political Science at Virginia Tech. Her research and teaching include critical political theory as well as international organizations, UN peacekeeping, democratization and the role of NGOs in post-conflict governance.“Governmentality, Ontology, Methodology: Re-thinking Political Agency in the Global World” – Alternatives: Global, Local, Political – vol 38(4):p. 288-304,. A little unclear if this is late 2013 or early 2014 – The Stated “Version of Record” is Feb 20, 2014, but was originally published online on December 30th, 2013 |
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+By questioning substantialist ... and pessimistic activism. |