Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[46]
  • Caselist.CitesClass[55]

Details

Caselist.RoundClass[46]

EntryDate

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1		-2017-02-11 16:48:23.57
	1	+2017-02-11 16:48:23.0

Caselist.CitesClass[55]

Cites

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	1	+===1AC – Drones Adv===
	2	+
	3	+====Litigation has a deterrence effect on drones, makes official think twice about strikes – normal judicial review indicts don’t apply to ex post suits.====
	4	+**Vladeck 13:** Stephen, professor of law and associate dean for scholarship at American University Washington College of Law, senior editor of the peer-reviewed Journal of National Security Law and Policy, Supreme Court Fellow at the Constitution Project, fellow at the Center on National Security at Fordham University School of Law, JD from Yale Law School. "Drones and the War on Terror: When Can the U.S. Target Alleged American Terrorists Overseas?" Hearing Before the House Committee on the Judiciary. February 27, 2013.
	5	+
	6	+At first blush, it may seem like many of these issues … and laws of the United States, what does the government have to hide?
	7	+
	8	+====Ex post civil suits place checks on the executive, which is especially key considering Trump’s plans for counterterror.====
	9	+**Hafetz 13:** Jonathon, associate professor of law at Seton Hall University Law School, former senior staff attorney at the ACLU, served on legal teams in multiple Supreme Court cases regarding national security. "Reviewing Drones" March 08, 2013. http://www.huffingtonpost.com/jonathan-hafetz/reviewing-drones'b'2815671.html IB
	10	+
	11	+The better course is to ensure meaningful review after the fact. … drone strike satisfies these requirements, the suit should be dismissed.
	12	+
	13	+====The aff spills over to government officials – limitation on qualified immunity specifically holds the government accountable.====
	14	+**Cornyn et al 01:** (John, Andy Taylor First Assistant Attorney General Gregory S. Coleman Solicitor General Counsel of Record Lisa R. Eskow Assistant Solicitor General P.O. Box 12548 Austin, Texas 78711-2548 (512) 936-1700 Counsel for Amici Bill Pryor Attorney General of Alabama 11 South Union Street Montgomery, AL 36130 Bruce M. Botelho Attorney General of Alaska P.O. Box 110300 Juneau, AK 99811-0300 Mark Pryor Attorney General of Arkansas 323 Center St., Ste. 200 Little Rock, AR 72201 Bill Lockyer Attorney General of California 1300 1 Street, Ste. 125 P.O. Box 944255 Sacramento, CA 94244-2550 Ken Salazar Attorney General of Colorado 1525 Sherman St., 7th Fl. Denver, CO 80203 Richard Blumenthal Attorney General of Connecticut 55 Elm Street Hartford, CT 06141-0120 M. Jane Brady Attorney General of Delaware 820 N. French St. Wilmington, DE 19801 James E. Ryan Attorney General of Illinois 100 W. Randolph St., 12th Fl. Chicago, IL 60601 Richard P. Ieyoub Attorney General of Louisiana P.O. Box 94095 Baton Rouge, LA 70804-9095 J. Joseph Curran, Jr. Attorney General of Maryland 200 St. Paul Place Baltimore, MD 21202 Thomas F. Reilly Attorney General of Massachusetts One Ashburton Place Boston, MA 02108-1698 Mike Moore Attorney General of Mississippi P.O. Box 220 Jackson, MS 39205 Joseph P. Mazurek Attorney General of Montana 215 N. Sanders P.O. Box 201401 Helena, MT 59620-1401 Don Stenberg Attorney General of Nebraska 2115 State Capitol Lincoln, NE 68509 Eliot Spitzer Attorney General of New York The Capitol Albany, NY 12224 Heidi Heitkamp Attorney General of North Dakota 600 E. Boulevard Ave. Bismarck, ND 58505-0040 Betty D. Montgomery Attorney General of Ohio 30 E. Broad St., 17th Fl. Columbus, OH 43215 W.A. Drew Edmondson Attorney General of Oklahoma 2300 N. Lincoln Blvd., Ste. 112 Oklahoma City, OK 73105-4894 Hardy Myers Attorney General of Oregon 1162 Court St. N.E. Salem, OR 97310 D. Michael Fisher Attorney General of Pennsylvania 16th Fl., Strawberry Square Harrisburg, PA 17120 Charles M. Condon Attorney General of South Carolina P.O. Box 11549 Columbia, SC 29211 Mark Barnett Attorney General of South Dakota 500 East Capitol Avenue Pierre, SD 57501-5070 Paul G. Summers Attorney General of Tennessee 425 Fifth Ave., North Nashville, TN 37243 Jan Graham Attorney General of Utah 236 State Capitol Salt Lake City, UT 84114 William H. Sorrell Attorney General of Vermont 109 State Street Montpelier, VT 05609-1001 Christine O. Gregoire Attorney General of Washington 1125 Washington Street P.O. Box 40100 Olympia, WA 98504-0100 Brief of The States of Texas, Alabama, Alaska, Arkansas, California, Colorado, Connecticut,¶ Delaware, Illinois, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nebraska, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, and Washington as Amici Curiae in Support of Petitioner)
	15	+
	16	+The "reasonable mistake" is one of the … as it strikes the best "balance between the evils inevitable in an available alternative." See Harlow, 457 U.S., at 813.
	17	+
	18	+===1AC – Brutality Adv===
	19	+
	20	+====QI’s rhetoric allows officers to enjoy it in literally every case – means that current forms of qualified immunity will never solve.====
	21	+**Carbado 16:** Drew, Devon, Associate Vice Chancellor of BruinX for Equity, Diversity and Inclusion and the Honorable Harry Pregerson Professor of Law at UCLA School of Law.  He teaches Constitutional Criminal Procedure, Constitutional Law, Critical Race Theory, and Criminal Adjudication. He has won numerous teaching awards, including being elected Professor of the Year by the UCLA School of Law classes of 2000 and 2006 and received the Law School's Rutter Award for Excellence in Teaching in 2003 and the University's Distinguished Teaching Award, the Eby Award for the Art of Teaching in 2007. In 2005 Professor Carbado was named an inaugural recipient of the Fletcher Foundation Fellowship. "Blue-On-Black Violence: A Provisional Model of Some of the Causes" Georgetown Law Journal. July 11, 2016. SA-IB
	22	+
	23	+A second problem with the "clearly established" doctrine … hurdle to holding police officers accountable for acts of violence.
	24	+
	25	+====QI enables and encourages police brutality – the law holds police to a lower standard than people.====
	26	+**Sand 13:** Georgia, activist and reporter at Cop Block: Badges Don’t Grant Extra Rights. "Ignorance of the law is legally an excuse for police officers" March 15, 2013. http://www.copblock.org/28642/ignorance-of-the-law-is-legally-an-excuse-for-police-officers/ SA-IB
	27	+
	28	+"Ignorance of the law is no excuse." Undoubtedly, … doing so is a violation of the victim’s rights.
	29	+
	30	+===1AC – ND Plan===
	31	+
	32	+====Thus the plan: On its next appropriate test case, the United States Supreme Court ought to remove qualified immunity for nominal damage suits against police officers.====
	33	+**Pfander 11:** James, the Owen L. Coon Professor of Law at the Northwestern Pritzker School of Law, teaches civil procedure, conflicts of law, federal jurisdiction, and constitutional law. A member of the American Law Institute, Pfander has served as chair of the procedure and jurisdiction sections of the Association of American Law Schools. He has published dozens of scholarly articles and essays in such journals as the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review. "RESOLVING THE QUALIFIED IMMUNITY DILEMMA: CONSTITUTIONAL TORT CLAIMS FOR NOMINAL DAMAGES" Faculty Working Papers, Northwestern University School of Law. 2011. SA-IB
	34	+
	35	+Applying the principles in these leading cases, … constitutional case at the behest of a plaintiff seeking one dollar. The next part addresses these concerns.
	36	+
	37	+====This allows constitutional vindication and deterrence – only that prevents court backlash and maximizes the clarity of tort law.====
	38	+**Pfander 11:** James, the Owen L. Coon Professor of Law at the Northwestern Pritzker School of Law, teaches civil procedure, conflicts of law, federal jurisdiction, and constitutional law. A member of the American Law Institute, Pfander has served as chair of the procedure and jurisdiction sections of the Association of American Law Schools. He has published dozens of scholarly articles and essays in such journals as the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review. "RESOLVING THE QUALIFIED IMMUNITY DILEMMA: CONSTITUTIONAL TORT CLAIMS FOR NOMINAL DAMAGES" Faculty Working Papers, Northwestern University School of Law. 2011. SA-IB
	39	+
	40	+Building on these early foundations, this essay … the norms in question can be regarded as clearly established.
	41	+
	42	+===1AC – Framing===
	43	+
	44	+====The role of the ballot is to vote for the advocacy that best mitigates oppression. Debate in academic spaces is key – oppression permeates our society and breaks apart any attempted shift away from dominant ideology. Resisting it in educational spaces is key to any meaningful alternative. ====
	45	+**Giroux 15:** Henry, Professor and founding theorist of critical pedagogy and he is best known for his pioneering work in public pedagogy, cultural studies, youth studies, higher education, media studies, and critical theory. In 2002 Routledge named Giroux as one of the top fifty educational thinkers of the modern period. "Beyond Dystopian Visions in the Age of Neoliberal Authoritarianism." Nov 4, 2015 SA-IB
	46	+
	47	+If neoliberal authoritarianism is to be challenged and overcome, it is crucial that … sustain public commitments, develop a sense of compassion for others, locally and globally.
	48	+
	49	+====This requires a focus on material conditions of oppression – abstract theorizing is the same as doing nothing – in the end, deontology and yelling ‘burn it down’ both skirt the issues.====
	50	+**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
	51	+
	52	+Despite the pronouncement of debate as an activity and intellectual … among our ideological tendencies and politics.’
	53	+
	54	+====Adopt a stance of methodological pluralism involving indicts to our method – this is key to evaluate phenomena from different perspectives and gain the most out of education.====
	55	+**Bleiker 14:** (6/17, Roland, Professor of International Relations at the University of Queensland, "International Theory Between Reification and Self-Reflective Critique," International Studies Review, Volume 16, Issue 2, pages 325–327)
	56	+
	57	+This book is part of an increasing trend … here with arguments advanced by assemblage thinking and complexity theory—links that could have been explored in more detail.
	58	+
	59	+====Progress has occurred though legal change —- pessimism ignores specific reforms that achieved lasting reductions in racial inequality.====
	60	+**Omi and Winant 13:** Michael Omi (Sociologist at UC Berkeley, focusing on antiracism scholarship and Asian American studies) and Howard Winant (Professor of Sociology affiliated with the Black Studies and Chicana/o Studies departments of UC Santa Barbara), Resistance is futile?: a response to Feagin and Elias, Ethnic and Racial Studies Volume 36, Issue 6, p. 961-973, Special Issue: Symposium - Rethinking Racial Formation Theory. 2013.
	61	+— desegregation of the army, the Voting Rights Act, the Immigration and Naturalization Act, repeal of anti-miscegenation laws
	62	+— spills over to legal access for feminism, gay liberation, and the environmentalist and anti-war movements
	63	+— antiblackness is political, not ontological; incarceration is used as a tool to suppress voting rights, women of color are policed via reproductive rights laws
	64	+
	65	+In Feagin and Elias's account, white racist rule … environmentalist and anti-war movements among others

EntryDate

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	1	+2017-02-11 16:48:24.841

Judge

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	1	+Thomas

Opponent

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	1	+Holy Cross TL

ParentRound

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	1	+46

Round

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	1	+5

Team

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	1	+St Andrews Bhatt Aff

Title

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	1	+NOVDEC - Accountability AC - Nominal Damages Plan

Tournament

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	1	+Isidore Newman