Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[36]
  • Caselist.CitesClass[44]

Details

Caselist.RoundClass[36]

EntryDate

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1		-2017-02-08 15:50:00.999
	1	+2017-02-08 15:50:00.0

Caselist.CitesClass[44]

Cites

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	1	+==Framing==
	2	+====I affirm. First, traditional moral theories are corrupt as they are formed through ideal theories. When we look at ethics in the ideal, we don’t acknowledge the specific circumstances in which oppression occurs – in fact, ideal theories serve to hide real oppression and hinder our progress.====
	3	+**Curry 14** Dr. Tommy J, Associate Professor of Philosophy, Affiliated Professor of Africana Studies, and a Ray A. Rothrock Fellow at Texas AandM University; first Black JV National Debate champion (for UMKC) and was half of the first all Black CEDA team to win the Pi Kappa Delta National Debate Tournament. “The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21st Century.” 2014. SA-IB
	4	+
	5	+Despite the pronouncement of debate as ... our ideological tendencies and politics
	6	+
	7	+====Thus my standard is mitigating structural violence. This means looking toward actions that could allow us to solve material conditions of oppression. This means that we should not look to ideals such as morality, the social contract, or Kantian deontology, as those attempt to define our actions within an ideal frame. An ethical theory that simply dismisses good solutions as immoral or against our ideals is faulty because under those, we would never be able to solve problems. We should instead look to a conception of justice that looks comparatively at different solutions.===
	8	+**Lane 09** Allen Lane, reporter for the London Times. Lane is summarizing the claims of Amartya Sen, “The Idea of Justice by Amartya Sen” London Times. 2009. SA-IB
	9	+
	10	+Free societies call for justice. A.Sen explained ... The perfect becomes the enemy of the good.
	11	+
	12	+==Contention==
	13	+
	14	+====The “clearly established” doctrine and the “reasonableness” standard of qualified immunity creates room for any and all officers to argue that their conduct was acceptable. Under the standard, officers can argue one of two things, a) the right that was violated was not clearly established, meaning that a court case hadn’t ruled on said right or b) not every reasonable officer was aware of that right. This vague interpretation of rights enables police to enjoy immunity no matter how heinous their conduct.====
	15	+**Carbado 16** Drew, professor of law at UCLA. “Blue-on-Black Violence: A Provisional Model of Some of the Causes” Georgetown Law Journal Volume 2014. 2016.
	16	+
	17	+A second problem with the “clearly established” doctrine ... officers accountable for acts of violence.
	18	+
	19	+====My thesis and advocacy is that the “clearly established” doctrine and the “reasonableness” standard of qualified immunity are faulty and should be replaced with a doctrine of “clear unconstitutionality.” We should limit qualified immunity through this process. Instead of asking whether the right was clearly established and would a reasonable officer have been aware, the court would now simply evaluate whether the officer’s conduct violated the constitution.====
	20	+**Catlett 05** Michael, University of Arizona College of Law. Clearly Not Established: Decisional Law and the Qualified Immunity Doctrine,” Arizona Law Review Vol. 47, 2005. http://arizonalawreview.org/pdf/47-4/47arizlrev1031.pdf SA-IB
	21	+
	22	+In trying to decide whether a ... How recently was the constitutional right pronounced?
	23	+
	24	+====The affirmative allows a level playing field in courts – a reliance on an outside solution hasn’t worked and wont work. Only a level playing field in courts can allow police to finally be held accountable.====
	25	+**Wright 15** Sam, public interest lawyer who has spent his career exclusively in nonprofits and government. “Want to Fight Police Misconduct? Reform Qualified Immunity” Nov 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 SA-IB
	26	+
	27	+As usual, I’ve not buried the lede: that something ... justice done, we should push to make it happen.
	28	+
	29	+====Affirming individual lawsuits is key to fight back against the normalization of police brutality because lawsuits create social condemnation.====
	30	+**Armacost 98** Barbara. “Qualified Immunity: Ignorance Excused,” Vanderbilt Law Review. April 1998. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=90852
	31	+
	32	+If individual liability for constitutional violations ... allegations of clear constitutional impropriety.
	33	+
	34	+====My argument is very simple, if a survivor of police brutality wants to sue, they should be allowed to sue. That is the fundamental question of this debate. Removing the “clearly established” doctrine is key to prevent racist violence – the insistence on a previous court case bearing near identical circumstance enables police brutality.====
	35	+**Marguilles 11** Peter, professor of law at Roger Williams University. “Noncitizens’ Remedies Lost?: Accountability for Overreaching in Immigration Enforcement.” FIU Law Review, 2011.
	36	+
	37	+The specificity two-step recurs in qualified immunity cases. To ... precedent merely incentivizes reckless behavior.
	38	+
	39	+====Introducing public scrutiny does not harm policing – the best and latest study disproves the de-policing thesis. Attempts to argue that the aff would deter officers from active policing is false and police departments will still function underneath the aff world.====
	40	+**Rushin and Edwards 16** Stephen Rushin and Griffin Edwards, “DE-POLICING”, DRAFT, Forthcoming, Cornell Law Review Volume 102 (2017), p. 39
	41	+
	42	+We failed to find any consistent ... pains. The sections that follow walk through the data.
	43	+
	44	+====Finally, allowing litigation against officers creates accountability and encourages better policing – this turns any arguments about how police officers will be impaired if we remove qualified immunity – the affirmative creates more accountable and better policing overall.====
	45	+**Shircore 05** Mandy Shircore, Associate Lecturer, James Cook University, POLICE LIABILITY FOR NEGLIGENT INVESTIGATIONS: WHEN WILL A DUTY OF CARE ARISE? MANDY SHIRCORE* DEAKIN LAW REVIEW VOLUME 10 No 2, http://researchonline.jcu.edu.au/4657/1/4657_Shircore_2006.pdf p. 26-27
	46	+
	47	+Of greater significance is the compelling argument that the ... has been detrimentally affected in this way.

EntryDate

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	1	+2017-02-08 15:50:03.244

Judge

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	1	+Levitt

Opponent

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	1	+Montgomery Academy EP

ParentRound

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	1	+36

Round

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	1	+1

Team

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	1	+St Andrews Bhatt Aff

Title

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	1	+NOVDEC - AC - Accountability - Lay

Tournament

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	1	+Peach State Classic