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-AC (K) |
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-Pearson caused stagnation |
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-Walker 15 Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, “The New Qualified Immunity,” Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015 |
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-On the other ... in Part I. |
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-I contend that the Supreme Court of the United States ought to limit qualified immunity for police officers by forcing lower courts to give reason for exercising constitutional discretion, effectively overturning the precedent set in Pearson v. Callahan. |
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-Walker 2 Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, “The New Qualified Immunity,” Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015 |
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-Whereas the core ... not doing so.” |
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-Better rulings |
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-Walker 3 Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, “The New Qualified Immunity,” Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015 |
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-The reasons for ... be somewhat mitigated. |
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-It's a catch 22 |
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-Walker 4 Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, “The New Qualified Immunity,” Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015 |
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-Qualified immunity, however, ... dubbed “constitutional stagnation.” |
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-Qualified immunity shifts the debate away from constitutional law |
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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 ... to change it.'27 |
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-This checks back oppression |
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-Somin 16 Ilya Somin, The Supreme Court Is a Check on Big Government, Protection for Minorities, 2016 |
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-The Supreme Court ... of such outrages. |
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-Debate should surround material consequences~-~- ideal theories ignore the nature of the world and legitimize the oppression therein |
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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 role of the ballot is to endorse the best methodology to resist structural violence through a post-fiat policy option. |
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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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-Particularity is best |
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-Pappas 16 Pappas, Gregory Fernando. Texas AandM University “The Pragmatists’ Approach to Injustice.” The Pluralist, Volume 11, Number 1, Spring 2016. HSLA |
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-The pragmatists’ approach ... not otherwise appreciate. |
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-Critique divorced from policy action is useless |
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-Giroux 12 Henry A. Giroux, Global TV Network Chair Professorship in the Department of English and Cultural Studies at McMaster University, 2012 (“Why Don't Americans Care About Democracy at Home?,” truthout, October 2nd, Accessed 11-16-2012) |
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-As the crucial ... critical and transformative. |
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-Using the state in our discussion of material issues is a good heuristic |
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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. |