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+I value morality since the resolution is normative. Morality requires that we create a society in which individuals are treated equally. |
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+Arneson 13 ~-~- Richard Arneson. “Egalitarianism” http://plato.stanford.edu/entries/egalitarianism/ 2013 |
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+“Several issues arise in considering Cohen versus Rawls. According to Rawls, a |
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+AND |
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+greater rights and privileges would reject the basic equal human worth premise. “ |
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+ |
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+Thus, the standard is respecting equal human worth. Prefer this because all ethical theories assume equality, otherwise atrocities such as the holocaust and slavery become permissible. This means that equality is a constraint on any ethical theory. |
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+ |
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+Contention 1: Police Violence |
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+ |
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+Qualified immunity destroys accountability for police officers-limitations are key. Bernick 15 Evan Bernick, https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/ |
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+The sad fact is that it is often effectively |
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+AND |
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+evidence-based determination of the constitutionality of the officer’s actions — can take place. |
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+The aff solves- cases that the aff puts in court get interacted fairly and result in success while still protecting officers- there is no backlash. |
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+Sheng 11 |
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+(Philip, B.A., Stanford University, John Arrillaga Scholar. An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cas-es Brought Under 42 U.S.C. § 1983 BYU Journal of Public Law 2011 The BYU Journal of Public Law 26 BYU J. Pub. L. 99) |
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+A better approach might be to eliminate qualified immunity altogether in excessive force cases; |
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+AND |
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+as qualified immunity by allowing claims to be decided early on summary judgment. |
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+Lawsuits deter brutality- empirically proven. |
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+Gilles ’01 (Mirriam, Assistant Professor, Cardozo Law School, “In Defense of making Government Pay: The Deterrent Effect of Constitutional Tort Remedies,” Georgia Law Review, Vol. 35, 2001.) |
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+The question of whether constitutional tort remedies serve any deterrent effect is, I think |
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+AND |
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+the knowledge that a suspect might sue for damages has no inhibitory effect. |
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+Meta-studies prove that police accountability and legitimacy stops the culture of fear and spillovers to decrease overall violence. |
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+Mazerolle et al 13, Lorraine, Sarah Bennett, Jacqueline Davis, Elise Sargeant and Matthew Manning, 2013, Legitimacy in Policing: A Systematic Review, http://thecapartnership.org/cms/assets/uploads/2016/02/Mazerolle_Legitimacy_Review-1.pdf |
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+The systematic search found 163 studies that reported on police led interventions, and a |
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+AND |
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+and promote citizen satisfaction, confidence, compliance and cooperation with the police. |
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+Case studies prove that litigation spurs legislation for positive policy reform, win or lose. |
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+Richard A. L. Gambitta, Chair of the Political Science and Geography Department, University of Texas-San Antonio, GOVERNING THROUGH THE COURTS, ed. Gambitta, May, and Foster, 1981, p. 275-276. |
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+Similar to the aftermath of the “winning” litiation in Serrano and Robinson, |
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+AND |
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+1979; Horowitz, 1977; Lehn, 1978; Scheingold, 1974). |
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+Independent of deterrence, lawsuits lead to reform within systems for the better. |
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+Joanna Schwartz 11 (Professor of Law, UCLA School of Law.) "What Police Learn from Lawsuits." Cardozo L. Rev. 33 (2011): 841. |
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+The practices of the departments in my study are distinct in two significant ways from |
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+AND |
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+identify ways to address the underlying policy, training, or personnel problems. |
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+Contention 2: Legal Limbo State |
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+Qualified immunity prevents determination of what constitutes a rights violation, creating a legal limbo in which there are no clearly established laws. |
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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 hand, if one is concerned not only with courts reaching constitutional |
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+AND |
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+for the post-Pearson constitutional stagnation theory discussed in Part I.D |
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+Things like the fourth amendment prove |
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+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. |
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+By prohibiting the government from engaging in unreasonable searches and seizures, the Fourth Amendment |
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+AND |
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+they engage people (the “immunities” protection of the Fourth Amendment). |
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+Contention 3: Drones |
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+Being able to brings civil cases against police spills over into national security. |
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+Rosa Brook 13 (Professor of Law, Georgetown University Law Center, and Senior Fellow, New America Foundation. Zach Klein, Georgetown Law '15, provided first-rate research assistance and many thoughtful comments). “The Trickle-Down War”. Yale Law and Policy Review, Vol. 3, Issue 2, Article 8. 2013. p. 600-601 http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1672andcontext=ylpr |
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+In this brief Essay, I have focused on policing, the state secrets privilege |
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+AND |
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+justifications giving rise to these cases and ordinary civil litigation will increasingly blur. |
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+And, civil litigation is key to checking the power of government officials—that deters drone strikes. |
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+Benjamin Wittes 13 (Senior Fellow, the Brookings Institutions). “Drones and the War on Terror: When Can the U.S. Target Alleged American Terrorists Overseas?”. Governance Studies at Brookings, February 27, 2013. https://www.brookings.edu/testimonies/drones-and-the-war-on-terror-when-can-the-u-s-target-alleged-american-terrorists-overseas/ RC |
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+In summary, notwithstanding the shrill rhetoric of its many critics, the Obama administration |
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+AND |
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+to target citizens in that menacing set and thus leaves such citizens unchecked. |
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+Drones strikes rooted in fear of black and brown bodies around the world and aims for their extermination. They fuel hostility on both sides, which increases terrorism. |
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+Motherboard 15. “Drone Strikes Fuel the Hatred that Led to Paris Attacks, Ex-Drone Pilots Say”. November 19, 2015. http://motherboard.vice.com/read/drone-strikes-fuel-the-hatred-that-led-to-paris-attacks-ex-drone-pilots-say RC |
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+In the past week, hawkish politicians and government officials have seized on the terrorist |
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+AND |
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+shared, no matter what role they played in the military industrial complex.” |
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+Contention 4: Human Rights |
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+Qualified immunity leads to circumvention of rights and propagates police brutality – plan solves this. |
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+Johnson 15 – Tabitha Johnson, : 2015(“QUALIFIED IMMUNITY OR JUSTIFIED BRUTALITY?: AN EXAMINATION OF THE QUALIFIED IMMUNITY DOCTRINE IN PETERSON V. KOPP” Tennessee Journal of Race, Gender, and Social Justice, Vol. 4:2 p.265-267) |
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+The Eighth Circuit then addressed Peterson’s excessive force claim.43 During his arrest, |
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+AND |
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+and moral level, Peterson will provide precedent for further police brutality cases. |
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+Police brutality is the largest cause of a decline in US cred on human rights – the UN Human Rights Council has smashed the US for it |
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+Sheriff 15 - Natasja Sheriff, independent journalist and a visiting scholar at the Arthur L. Carter Journalism Institute: May 11, 2015(“US cited for police violence, racism in scathing UN review on human rights” Al Jazeera Available at http://america.aljazeera.com/articles/2015/5/11/us-faces-scathing-un-review-on-human-rights-record.html) |
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+The United States was slammed over its rights record Monday at the United Nations’ Human |
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+AND |
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+," said Awada Angui of the U.N. delegation to Chad. |
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+US leadership is key to the UN’s worldwide success in human rights |
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+Lagon 5/17 |
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+Mark P. Lagon, Centennial Fellow and Distinguished Senior Scholar in the Walsh School of Foreign Service, Georgetown University: May 17, 2016(“A GLASS HALF FULL: WHY THE U.S. NEEDS TO BE ON THE U.N. HUMAN RIGHTS COUNCIL” Freedom House Available at https://freedomhouse.org/article/glass-half-full-why-us-needs-be-un-human-rights-council ) |
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+Active membership in the Council by the U.S. has contributed to successes |
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+AND |
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+be stronger over time for U.S. involvement in the Council. |