Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[26]
  • Caselist.CitesClass[23]

Details

Caselist.RoundClass[26]

EntryDate

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1		-2016-11-05 05:02:08.881
	1	+2016-11-05 05:02:08.0

Caselist.CitesClass[23]

Cites

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	1	+I value morality since the resolution is normative. First, agency is inescapable.
	2	+Luca Ferrero 09 (Ph.D. from Harvard University and Associate Professor at the University of Wisconsin). "Constitutivism and the Inescapability of Agency." (2009). Pg. 7-8 RC
	3	+“The second feature that makes agency stand apart from ordinary enterprises is agencyʼ
	4	+AND
	5	+under agencyʼs own distinctive operation: Agency is closed under itself.”
	6	+And, identifying yourself as the cause of your actions is a constitutive condition of agency.
	7	+Christine M. Korsgaard 99 (Professor at Harvard) . "Self-constitution in the ethics of Plato and Kant." The Journal of Ethics 3.1 (1999): 1-29.
	8	+“The first step is this: To conceive yourself as the cause of your
	9	+AND
	10	+then, requires identification with the principle of choice on which you act.”
	11	+the state of nature fails—it prevents us from being able to will and act on ends.
	12	+Arthur Ripstein 09 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009). RC
	13	+In this chapter, I develop Kant’s account of political authority as it is presented
	14	+AND
	15	+“no matter how good and right-loving human beings might be.”
	16	+We solve this through the use of the omnilateral will in public institutions.
	17	+Arthur Ripstein 2 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009). RC
	18	+The remedy for each of the three defects is an institution that has moral powers
	19	+AND
	20	+, he has provided the resources to show why each branch is needed.
	21	+people must be able to set ends for themselves to remain free and independent of the will of others and thus be their own agent.
	22	+Arthur Ripstein 3 (Professor of Law and Philosophy at the University of Toronto, and Chair of the Department of Philosophy). "Force and freedom." Kant’s Legal and Political Philosophy (2009). RC
	23	+Instead, The Metaphysics of Morals says only that provisions must be
	24	+AND
	25	+dangers in the course of recreational activities or high-status careers.
	26	+Thus, the standard is creating a system of equal and outer freedom.
	27	+Even if the status quo qualified immunity could work in theory, its application has functioned as a blanket that makes it impossible to hold police accountable due to abuse in its application.
	28	+Diana Hassel 09 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117.
	29	+The Court's development of the qualified immunity doctrine has stretched the rationale underlying the defense
	30	+AND
	31	+civil actions based on the Fourth Amendment will not effectively deter police violence.
	32	+Thus, I advocate that the United States ought to limit qualified immunity for police officers by removing the standard of whether a reasonable officer would have known their actions violate the law in excessive force cases.
	33	+Diana Hassel 2 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117.
	34	+The current regime poses at least three questions in resolving qualified immunity in an excessive
	35	+AND
	36	+2) whether a new legal standard has been applied by the court.
	37	+First, aff is key leveling the playing field, in which civilians are able to bring suits against officers—the aff is uniquely key.
	38	+Sam Wright 15 (Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government “Want to Fight Police Misconduct? Reform Qualified Immunity”. Above the Law, Nov. 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 RC
	39	+In order to truly hold police accountable for bad acts, civilians must be able
	40	+AND
	41	+bring about true accountability and change police behavior, this needs to change.
	42	+Second, removing the double reasonableness standard is key to a) consistency in the law and b) accountability for officers.
	43	+Diana Hassel 3 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117.
	44	+For example, in the Jennings v. Pare factual scenario discussed earlier, 164
	45	+AND
	46	+can start by making the rules applicable to such claims more simple and coherent
	47	+And, the aff is integral to consistency in the courts, which is necessary of a system of equal freedom.
	48	+John C. Jeffries 10 (Distinguished Professor, the University of Virginia School of Law. Thanks go to James McKinley and George Rutherglen for comments and to Wells Harrell for expert research assistance). “WHAT‘S WRONG WITH QUALIFIED IMMUNITY?”. Florida Law Review, Vol. 62, No. 2, Sept. 2010. http://poseidon01.ssrn.com/delivery.php?ID=852002002112004096073102028090127071121046022072028063018098021109095018067124117096001012057097017112026089000027079069119026021001010026044027023084005071086100029038073022105008090019023103066107115086096027122089075091102083089023006021079071111100andEXT=pdf) RC
	49	+So what is ―qualified immunity‖? Qualified immunity is the doctrine that precludes damages
	50	+AND
	51	+describes qualified immunity as existing ―in a perpetual state of crisis.‖12
	52	+Limiting qualified immunity bolsters equal accountability and treatment under the law.
	53	+Lindsey De Stefan 16 (J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey). "“No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct." Law School Student Scholarship. Paper 850. (2017).
	54	+By beginning to mending the qualified immunity doctrine in these ways,
	55	+AND
	56	+surely be a long path to rebuilding the trust that is so crucial.
	57	+The 4th amendment is key—the Supreme Court interprets in a way such that it empowers police while marginalizing people of color.
	58	+Devon Carbado 16 (Professor of Law, University of California, Los Angeles Law School.) "Blue-on-Black Violence: A Provisional Model of Some of the Causes." Geo. LJ 104 (2016): 1479-1581.
	59	+By prohibiting the government from engaging in unreasonable searches and seizures, the Fourth Amendment
	60	+AND
	61	+they engage people (the “immunities” protection of the Fourth Amendment).
	62	+Independent of deterrence, lawsuits lead to political reform for the better.
	63	+Joanna Schwartz 11 (Professor of Law, UCLA School of Law.) "What Police Learn from Lawsuits." Cardozo L. Rev. 33 (2011): 841.
	64	+The practices of the departments in my study are distinct in two significant ways from
	65	+AND
	66	+of sources to identify personnel and policy failings and possible ways to improve.

EntryDate

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	1	+2016-11-05 05:02:10.551

Judge

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	1	+David McNeil

Opponent

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	1	+Valley

ParentRound

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	1	+26

Round

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	1	+2

Team

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	1	+Strake Jesuit Cook Neg

Title

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	1	+NOVDEC - AC - Reform

Tournament

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	1	+Apple Valley