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... ... @@ -1,44 +1,0 @@ 1 -====Federal Courts are overburden; Qualified immunity stops the flow of court cases through summary judgments==== 2 -**Putnam 92** ~~Charles T. Putnam, Senior Assistant Attorney General, New Hampshire~~ and Charles T. Ferris ~~JD, Franklin Pierce Law Center~~, "Defending a Maligned Defense: The Policy Bases of the Qualified Immunity Defense in Actions Under 42 USC 1983," Bridgeport Law Review, Vol. 12, 1992. https://www.qu.edu/prebuilt/pdf/SchoolLaw/LawReviewLibrary/26_12UBridgeportLRev665(1991-1992).pdf~~ 3 -National resources are obviously scarce, yet increasing numbers of section 1983 actions are being 4 -AND 5 -thus an important safety measure for both the courts and defendants facing suit. 6 - 7 - 8 -====Qualified immunity is key to stop courts from being clogged with frivolous lawsuits.==== 9 -**Noll 08** ~~David L. 2008. "Qualified Immunity in Limbo: Rights, Procedure, and the Social Costs of Damages Litigation Against Public Officials." NYUL Rev. 83: 911. http://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/nylr83andsection=30. (JD @ NYU, BA @ Columbia) 10 - 11 -In the context of ordinary civil litigation between two private parties, the total ( 12 -AND 13 -and has undoubtedly affected the development of the modern qualified immunity doctrine.5 14 - 15 - 16 -==Impacts== 17 - 18 - 19 -===Impact – Ineffective courts = RT's Violations === 20 - 21 - 22 -====Frivolous cases from the clog hinder the ability of courts to administer justice.==== 23 -**Thomas 10** ~~Suja. 2010. "Frivolous Cases." DePaul Law Review 59 (2): 633. http://via.library.depaul.edu/law-review/vol59/iss2/13. (Law Professor @ U of Illinois College of Law).~~ 24 - 25 -There is a focus on frivolous cases because of cost. Frivolous cases may 26 -AND 27 -, it also "frustrate~~s~~ settlement of legitimate suits. '51 28 - 29 - 30 -====To compensate courts would reduce the scope of constitutional rights==== 31 -**Fallon 11** ~~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~ 32 -As another possible response to a world without official immunity, the Supreme Court might 33 -AND 34 -reasonable person could think a search reasonable, it is not unreasonable.56 35 - 36 - 37 -===Impact – Court Clog = Poor Public Defense === 38 - 39 - 40 -====Court clog causes inefficient public defenders; this destroys the justice system for poor minorities. ==== 41 -**Van Brunt 15** ~~Alexa. 2015. "Poor People Rely on Public Defenders Who Are Too Overworked to Defend Them." The Guardian, June 17, https://www.theguardian.com/commentisfree/2015/jun/17/poor-rely-public-defenders-too-overworked. (Attorney and clinical assistant professor with the Roderick and Solange MacArthur Justice Center at Northwestern University Law School).~~ 42 -Money can buy you a great defense team, but what if you can't afford 43 -AND 44 -This group bears the brunt of our public defender systems' underfunding and overwork. - EntryDate
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... ... @@ -1,53 +1,0 @@ 1 -=Cap K= 2 - 3 -====The Police are inherently bad, not as individual agents but as a group because there were created to maintain the wealth of the bourgeoisie and subjugate the others within society==== 4 -**Wood 14** ~~Gregory Wood, 12-29-2014, "Stop Kidding Yourself: The Police Were Created to Control Working Class and Poor People," LAWCHA, http://lawcha.org/wordpress/2014/12/29/stop-kidding-police-created-control-working-class-poor-people/~~ 5 -In most of the liberal discussions of the recent police killings of unarmed black men 6 -AND 7 -class and poor people, whatever the individual feelings of the officers involved. 8 - 9 - 10 -====This is still the case to this day there has not been a change from this ideology – Change is needed==== 11 -**Wood 14** ~~Gregory Wood, 12-29-2014, "Stop Kidding Yourself: The Police Were Created to Control Working Class and Poor People," LAWCHA, http://lawcha.org/wordpress/2014/12/29/stop-kidding-police-created-control-working-class-poor-people/~~ 12 -Though some patrolmen tried to be kind and others were openly brutal, police violence 13 -AND 14 -And it's not what the current system of policing was created to be. 15 - 16 - 17 -====And Change must start with mass rejection of this ideology ==== 18 -**Wood 14** ~~Gregory Wood, 12-29-2014, "Stop Kidding Yourself: The Police Were Created to Control Working Class and Poor People," LAWCHA, http://lawcha.org/wordpress/2014/12/29/stop-kidding-police-created-control-working-class-poor-people/~~ 19 -If there is one positive lesson from the history of policing's origins, it is 20 -AND 21 -, not help them. They've continued to play that role ever since. 22 - 23 - 24 -====Police Maintain the power of the government and prevent structural change==== 25 -Anarchist People of Color 15 ~~"Anarchy in The Town", http://theanarchistlibrary.org/library/anarchist-people-of-color-anarchy-in-the-town~~ 26 -Anarchism is against the government, straight up. The job of the government is 27 -AND 28 -us so that we never stand a chance at rising agains the elite. 29 - 30 - 31 -====Origin of Police is from slave patrolling==== 32 -**David and Kappeler 16** ~~M. David (Editor In Chief), 11-2-2016, "Police Originated From 'Slave Catching Patrols'," Counter Current News, http://countercurrentnews.com/2015/04/police-originated-from-slave-catching-patrols/~~ 33 -Victor E. Kappeler, Ph.D writes the following in "A Brief 34 -AND 35 -makes the case that police are here to enforce systemic and systematic racism? 36 - 37 - 38 -====Vote Negative to embrace the immanence of revolution against capitalism. ==== 39 - 40 -Rejection of the 1AC opens up the space of a revolutionary subjectivity – voting negative is to affirm the immanent presence of revolution – the only thing stopping it is the belief that it's not here. 41 -Zizek 04 Slavoj Zizek, Professor of Philosophy 2004, Revolution at the Gates, Zizek on Lenin – The 1917 Writings, p.259-260~~ 42 - 43 -As Deleuze saw very clearly, we cannot provide in advance an unambiguous criterion which will 44 -AND 45 -it is, as it were, its own ontological proof, an immediate index of its own truth. 46 - 47 - 48 - 49 -====Our alternative is a crucial step to breaking down capitalism. A constant intellectual attack on capitalism enables the paradigm shift necessary to overthrow capitalism.==== 50 -Kovel 02 Joel Kovel Professor of Social Studies 2002 (Joel, Alger Hiss Professor of Social Studies at Bard College, The Enemy of Nature: The End of Capitalism or the End of the World? pg 223-224) 51 -Revolutions become feasible when a people decides that their present social arrangements are intolerable, 52 -AND 53 -is not sharply defined incorporate the goal towards which it moves? - EntryDate
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... ... @@ -1,19 +1,0 @@ 1 -==Thus the CP Text: == 2 - 3 - 4 -==== "Public Colleges and Universities in the united states ought not to restrict constitutionally protected speech except in the cases of Hate Speech"==== 5 - 6 - 7 -====Hate Speech is not protected by the 1st^^ amendment==== 8 -**Volokh 15** ~~Eugene Volokh is a UCLA law professor, 5-7-2015, "No, there's no "hate speech" exception to the First Amendment," https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/05/07/no-theres-no-hate-speech-exception-to-the-first-amendment/~~ 9 -I keep hearing about a supposed "hate speech" exception to the First Amendment 10 -AND 11 -with any established definition of "hate speech" that I know of.) 12 - 13 - 14 -====Free Speech is not equal, historical conditions create unequal's burdens. Hate speech directed at those less powerful have huge consequences on their ability to function equally.==== 15 -**Uelmen 90** ~~Gerald Uelmen is the dean of Santa Clara University School of Law and a fellow of the Center for Applied Ethics., "A pro-con discussion of speech codes and free speech", Nov 15, 1990 Campus Hate Speech Codes, Santa Clara University, https://www.scu.edu/character/resources/campus-hate-speech-codes/~~ - 16 - 17 -Those who advocate hate speech codes believe that the harm codes prevent is more important 18 -AND 19 -powerless. - EntryDate
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... ... @@ -1,12 +1,0 @@ 1 -====Microaggression reinforce power structures, they limit minorities abilities in the classroom. ==== 2 -**Wyer 15** ~~Kathy Wyer, 6-2-2015, "Microaggressions: What You Need to Know," UCLA, https://ampersand.gseis.ucla.edu/microaggressions-what-you-need-to-know~~ 3 -Oftentimes unconscious and automatic, microaggressions (MAs) are brief, subtle verbal or 4 -AND 5 -hostile learning environment and ultimately may undermine a student's ability to succeed academically. 6 - 7 - 8 -====Racial microaggression are just one layer to the system of oppression by people of color. Understanding and breaking them down is key==== 9 -**Hubera and Solozanob 14** ~~Pérez Hubera Advanced Studies in Education and Counseling, California State University, Long Beach, USA, and Daniel G. Solorzanob Graduate School of Education and Information Studies, University of California, Los Angeles, USA 2014, "microaggressions as a tool for critical race research Lindsay", Race Ethnicity and Education, http://www.ucop.edu/academic-personnel-programs/_files/seminars/Racial_Microaggressions_Tool_Critical_Race20Research_PerezHuberSolorzano.pdf~~ 10 -Racial microaggression As mentioned earlier, racial microaggressions are a form of systemic, everyday 11 -AND 12 -the many forms it takes in the everyday lives of People of Color. - EntryDate
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... ... @@ -1,37 +1,0 @@ 1 -The 1AC is the folly of a contingent rider of freedom, their focus on (————) imagines freedom from a political experience but can never be attached to the slave because the structural position of the black is untenable because that contingent rider has no line of flight leading to the slave 2 -Wilderson III 10- (Frank B. Wilderson, Assistant professor of African American Studies and Drama at UC Irvine, Red, White, and Black: Cinema and the Structure of U.S. Antagonisms pg 34-37DTY) 3 -Furthermore, the circulation of Blackness as metaphor AND more concrete analyses of films in Parts II, III, and IV. 4 - 5 - 6 -====White bodies have always occupied the realm of "free speech" and used it to legitimize violence against populations—the aff's plea for free speech only serves to benefit dominant white culture. ==== 7 -**National Center for Human Rights Education 11'**~~opened its doors and joined 21 other countries which launched human rights education projects as part of the United Nations Decade for Human Rights Education, "First Amendment and Racial Terrorism", 2011, University of Dayton, http://academic.udayton.edu/race/06hrights/waronterrorism/racial02.htm~~//JC// 8 -Racists in the United States have always been able to cloak their ideas in the 9 -AND 10 -a cross to intimidate a black family was equivalent to freedom of speech. 11 - 12 - 13 - 14 - 15 -====Anti-blackness reduced black bodies as mere objects==== 16 -**RL 15** ~~R.L., "WANDERINGS OF THE SLAVE: BLACK LIFE AND SOCIAL DEATH", Meta Mute, June 2013 http://www.metamute.org/editorial/articles/wanderings-slave-black-life-and-social-death~~ 17 -This gratuitous violence, on the one hand, subjugates black existence to an irrational 18 -AND 19 -the necessary ground for the definition and propagation of life in general.13 20 - 21 - 22 -==Alternative == 23 - 24 - 25 -**====Thus that alternative is to burn down the state, society is entrenched in white-over black ideology which makes change impossible and reforms only make the slaves play the white man games. Burning down is key to cause structural change====** 26 -**Farley 05** ~~Anthony P. Farley, 1-27-2005 "Perfecting Slavery Boston College Law School "Loyola University Chicago Law Journal http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1028andcontext=lsfp~~ 27 -What is to be done? Two hundred years ago, when the slaves in 28 -AND 29 -what the slave must become to pursue its calling that is not a calling 30 - 31 - 32 - 33 -**====The debate space is key to stopping racism- it begins with ending intellectual alienation ====** 34 -**Fanon '8 (Frantz Fanon, psychiatrist, philosopher, revolutionary, and author, Black Skin; White Masks, p. 61 Written in 1952, new edition published in 2008)//BG ** 35 -In this connection, I should like to say something that I have found in 36 -AND 37 -who takes a stand against this death is in a sense a revolutionary. - EntryDate
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... ... @@ -1,34 +1,0 @@ 1 -=Revenge Porn PIC= 2 - 3 - 4 -====First Amendment protections extend to revenge porn ==== 5 -Larkin 14 ~~Paul J. Larkin Jr., Senior Legal Research Fellow, The Heritage Foundation, "Revenge Porn, State Law, and Free Speech," Loyola of Los Angeles Law Review, 44Oct. 1, 2014, http://digitalcommons.lmu.edu/llr/vol48/iss1/2/~~ 6 - 7 -The Internet serves as a forum for publication or exchange of ideas, expression 8 -AND 9 -in the eyes of most."165 The Court answered, "No." 10 - 11 - 12 -====CP Text: "The United States ought not restrict constitutionally protected speech on public colleges and Universities EXCEPT in the cases of Revenge Porn." ==== 13 - 14 - 15 -====Revenge Porn Should be banned==== 16 -Koppelman 15 ~~Andrew Koppelman is a Professor of Law and Professor of Political Sciencem "Revenge Pornography and First Amendment Exceptions," Emory University School of Law, Volume 65, Issue 3, 09/14/15, http://law.emory.edu/elj/content/volume-65/issue-3/articles/revenge-pornography-first-amendment-exceptions.html~~ 17 - 18 -People are marvelously inventive in devising new ways to hurt each other. Some 19 -AND 20 -the mechanical character of the free speech rules that the Court has constructed. 21 - 22 - 23 -====Revenge Porn has huge irreversible psychological damage onto its victims. Legislative action is needed. ==== 24 -Najdowski and Hildegrand 14 ~~Cynthia J. Najdowski, PhD, and Meagen M. Hildegrand, University at Albany, State University of New York, January 2014, Vol 45, No. 1, "The criminalization of 'revenge porn", JUDICIAL NOTEBOOK, http://www.apa.org/monitor/2014/01/jn.aspx~~ – H.G.S. 25 -Indeed, research documenting the pervasiveness of revenge porn and the detrimental effect it has 26 -AND 27 -help potential offenders understand the psychological and legal consequences of distributing revenge porn. 28 - 29 - 30 -====Revenge porn is highly susceptible on college campuses. When it occurs victims have no chance of recourse==== 31 -Reid 14 ~~Samantha Reid, 5-15-2014, "Study says 70 of students have sexted, so how do they feel about revenge porn?," USA TODAY College, http://college.usatoday.com/2014/05/15/study-says-70-of-students-have-sexted-so-how-do-they-feel-about-revenge-porn/~~ – H.G.S. 32 -College students are a key demographic affected by these laws –– according to a study 33 -AND 34 -laws are often out of their reach because it's so expensive to sue." - EntryDate
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... ... @@ -1,60 +1,0 @@ 1 -=Anti-Blackness K= 2 - 3 - 4 -====First, the framing – America is built on anti-blackness, the very structure of civil society is predicated on the social death of ontologically black individuals. Blacks have an intrinsically dead identity defined by their ontology. The aff does nothing to reject this. They concede the existence of the law; their plan will be co-opted by the state. ==== 5 -**Pak 12** ~~Yumi Pak (Prof of Phil), "Outside Relationality: Autobiographical Deformations and the Literary Lineage of Afro-Pessimism in 20th and 21st Century African American Literature."~~ 6 -In other words, in the same moment they are (re)born as 7 -AND 8 -blackness as being absent in the dialectic, as "anti-Human." 9 - 10 - 11 -====Their call for agonistic discourse excludes the black body that is at structural Antagonism with white speech. This turns all their solvency about inclusion and creates a ruse of solvency that hurts the black body. ==== 12 -**Curry 13** ~~Dr. Tommy J. Curry, (2013) Assistant Professor, Department of Philosophy, Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical"~~ 13 -In the post-structuralist era, post-colonial thinking about racism specifically, 14 -AND 15 -question, our ethics become nothing more than the apologetics of our tyrannical epoch 16 - 17 - 18 -====White bodies have always occupied the realm of "free speech" and used it to legitimize violence against populations—the aff's plea for free speech only serves to benefit dominant white culture. ==== 19 -**National Center for Human Rights Education 11 **~~opened its doors and joined 21 other countries which launched human rights education projects as part of the United Nations Decade for Human Rights Education, "First Amendment and Racial Terrorism", 2011, University of Dayton, http://academic.udayton.edu/race/06hrights/waronterrorism/racial02.htm~~ 20 -Racists in the United States have always been able to cloak their ideas in the 21 -AND 22 -a cross to intimidate a black family was equivalent to freedom of speech. 23 - 24 - 25 -====Rights masked the deep structural inequality by creating a veil in which we blame the law/right instead of the inner problems itself. Giving a person a right, won't fill the emptiness created by society. ==== 26 -**Farley 04** ~~Maria Grahn-Farley, "A Theory of Child Rights", University of Miami Law Review, Vol 57: 867, http://ssrn.com/abstract=1519968~~ – H.G.S. 27 -Rights are born out of pain and suffering. Rights are dependent upon pain and 28 -AND 29 -create the illusion that is possible to measure the emptiness within the emptiness. 30 - 31 - 32 -====Anti-blackness reduced black bodies as fungible objects==== 33 -**RL 15** ~~R.L., "WANDERINGS OF THE SLAVE: BLACK LIFE AND SOCIAL DEATH", Meta Mute, June 2013 http://www.metamute.org/editorial/articles/wanderings-slave-black-life-and-social-death~~ 34 -This gratuitous violence, on the one hand, subjugates black existence to an irrational 35 -AND 36 -the necessary ground for the definition and propagation of life in general.13 37 - 38 - 39 -====The Alternative is to reject the logic of the state and everything that upholds it. Our call is for the recognition towards the end of the world is the only path towards liberation. Any attempts to work within the state only perfect the state. This means burning it down is the only way to create structural change. ==== 40 -**Farley 05** ~~Anthony P. Farley, 1-27-2005 "Perfecting Slavery Boston College Law School "Loyola University Chicago Law Journal http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1028andcontext=lsfp~~ 41 -What is to be done? Two hundred years ago, when the slaves in 42 -AND 43 -what the slave must become to pursue its calling that is not a calling 44 - 45 - 46 -====Therefore, the Role of the judge is to not only to be an ethical decision maker fighting for the wellbeing of disadvantaged students, but also to question if civilized society's existence is ethical. ==== 47 - 48 - 49 -====The Role of the Ballot is consistency with the advocacy that best performatively and methodology liberates oppressed bodies Anything that attempts to omit the K, like 1AR theory, is complicit in perpetuating anti-blackness; because without directly engaging with the Kritik they ignore the oppression of the black body ==== 50 -**Smith 13** ~~Elijah Smith, A Conversation in Ruins: Race and Black Participation in Lincoln Douglas Debate, Vbriefly, 9/4/13 http://vbriefly.com/2013/09/06/20139a-conversation-in-ruins-race-and-black-participation-in-lincoln-douglas-debate/~~ 51 -It will be uncomfortable, it will be hard, and it will require continued 52 -AND 53 -that conversation of its connection to a reality that black students cannot escape. 54 - 55 - 56 -====The only way to solve is to move away from the master norm through collective thinking. ==== 57 -**Farley 04** ~~Maria Grahn-Farley, "A Theory of Child Rights", University of Miami Law Review, Vol 57: 867, http://ssrn.com/abstract=1519968~~ 58 -Rights may be understood through movement instead of lack. Rights that are constructed by 59 -AND 60 -as in matter, and 2) the move toward the individual groups. - EntryDate
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... ... @@ -1,51 +1,0 @@ 1 -=Agonism K 2 - 3 -====Their call for agonistic discourse excludes the black body that is at structural Antagonism with white speech. This turns all their solvency about inclusion and creates a ruse of solvency that hurts the black body. ==== 4 -**Curry 13** ~~Dr. Tommy J. Curry, (2013) Assistant Professor, Department of Philosophy, Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical"~~ 5 -In the post-structuralist era, post-colonial thinking about racism specifically, 6 -AND 7 -question, our ethics become nothing more than the apologetics of our tyrannical epoch 8 - 9 - 10 -====Democratic Deliberation is founded upon the continual and gratuitous suffering of the black body. Effective Discourse can only happen under ontological equivalency. This makes our K a perquisite to their aff. ==== 11 -**Brady 12** ~~Nicholas Brady, activist scholar, executive board member of Leaders of a Beautiful Struggle, BA in philosophy from Johns Hopkins, PhD student at the University of California-Irvine Culture and Theory program, 10-26-12, "The Flesh Grinder: Prosecutorial Discretion and the Terror of Mass Incarceration," http://academia.edu/2776507/The_Flesh_Grinder_Prosecutorial_Discretion_and_the_Quotidian_Terror_of_Mass_Incarceration~~ 12 -If the prosecutor and the defense attorney are locked in an agonistic sport, the 13 -AND 14 -world between adversaries are secured and produced by the gratuitous violence against blackness. 15 - 16 - 17 -====The 1AC is a part of a long line of liberal reforms that are inherently anti-black. Their failure to acknowledge that the system itself is a failure and instead look towards individual acts of violence ignores and necessitates more violence against the black body. ==== 18 -**Osterweil 16** ~~Willie Osterweil is a writer and editor at The New Inquiry. "How White Liberals Used Civil Rights to Create More Prisons." The Nation Jan 6th, 2016.~~ 19 - 20 - In her first book, The First Civil Right: How Liberals Built 21 -AND 22 -there is no New Jim Crow without Brown v. Board of Education. 23 - 24 - 25 -====A radical shift is needed to break away from white supremacy. Acts of reform by the system only occur it benefits it, legitimizing the system and preventing any real change. 26 -**Lee 07** ~~Cynthia Lee is a professor of law at George Washington University PESH, 2007 "Cultural convergence: Interest convergence theory meets the cultural defense." Ariz. L. Rev. 49 (2007): 911, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=968754~~==== 27 - 28 -Bell also posited that the Brown 29 -AND 30 -that may end in revolution."56 31 - 32 - 33 -====Anti-Blackness is the condition of civil society, any attempt to abstract away from this allows the system to continue. Whiteness obstructs all viewpoints, this makes the K a pre-quiste to interrogate whiteness. And any links function as a DA to their aff and a reason to vote them down.==== 34 -**Curry 13** ~~Dr. Tommy J. Curry, (2013) Assistant Professor, Department of Philosophy, Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical"~~ 35 -Despite the rhetorical strategies adopted by both Black and white political theorists which urge Blacks 36 -AND 37 -them as their own. The Anti-Ethical as Paradigmatic Imperative: T 38 - 39 - 40 -====The alt is to embrace anti-ethics—refuse to ascribe morality to historically racist institutions and reject a morality that is coded white.==== 41 -**Curry 13** ~~Dr. Tommy J. Curry, (2013) Assistant Professor, Department of Philosophy, Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical"~~ 42 -Ought implies a projected (futural) act. The word commands a deliberate action 43 -AND 44 -the white mind the opportunity to reassert the social boundaries constraining Black life conceptually 45 - 46 - 47 -====The role of the ballot is consistency with the advocacy that best liberates the oppressed bodies. Anything that attempts to omit the K is complicit in anti-blackness==== 48 -**Smith 13** ~~Elijah Smith, A Conversation in Ruins: Race and Black Participation in Lincoln Douglas Debate, Vbriefly, 9/4/13 http://vbriefly.com/2013/09/06/20139a-conversation-in-ruins-race-and-black-participation-in-lincoln-douglas-debate/~~ 49 -It will be uncomfortable, it will be hard, and it will require continued 50 -AND 51 -that conversation of its connection to a reality that black students cannot escape. - EntryDate
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... ... @@ -1,0 +1,44 @@ 1 +====Federal Courts are overburden; Qualified immunity stops the flow of court cases through summary judgments==== 2 +**Putnam 92** ~~Charles T. Putnam, Senior Assistant Attorney General, New Hampshire~~ and Charles T. Ferris ~~JD, Franklin Pierce Law Center~~, "Defending a Maligned Defense: The Policy Bases of the Qualified Immunity Defense in Actions Under 42 USC 1983," Bridgeport Law Review, Vol. 12, 1992. https://www.qu.edu/prebuilt/pdf/SchoolLaw/LawReviewLibrary/26_12UBridgeportLRev665(1991-1992).pdf~~ 3 +National resources are obviously scarce, yet increasing numbers of section 1983 actions are being 4 +AND 5 +thus an important safety measure for both the courts and defendants facing suit. 6 + 7 + 8 +====Qualified immunity is key to stop courts from being clogged with frivolous lawsuits.==== 9 +**Noll 08** ~~David L. 2008. "Qualified Immunity in Limbo: Rights, Procedure, and the Social Costs of Damages Litigation Against Public Officials." NYUL Rev. 83: 911. http://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/nylr83andsection=30. (JD @ NYU, BA @ Columbia) 10 + 11 +In the context of ordinary civil litigation between two private parties, the total ( 12 +AND 13 +and has undoubtedly affected the development of the modern qualified immunity doctrine.5 14 + 15 + 16 +==Impacts== 17 + 18 + 19 +===Impact – Ineffective courts = RT's Violations === 20 + 21 + 22 +====Frivolous cases from the clog hinder the ability of courts to administer justice.==== 23 +**Thomas 10** ~~Suja. 2010. "Frivolous Cases." DePaul Law Review 59 (2): 633. http://via.library.depaul.edu/law-review/vol59/iss2/13. (Law Professor @ U of Illinois College of Law).~~ 24 + 25 +There is a focus on frivolous cases because of cost. Frivolous cases may 26 +AND 27 +, it also "frustrate~~s~~ settlement of legitimate suits. '51 28 + 29 + 30 +====To compensate courts would reduce the scope of constitutional rights==== 31 +**Fallon 11** ~~Richard H. Fallon, Jr., (The Ralph S. Tyler, Jr. Professor of Law, Harvard Law School). "Asking the Right Questions About Officer Immunity." 80 Fordham L. Rev. 479 (2011). http://ir.lawnet.fordham.edu/flr/vol80/iss2/3~~ 32 +As another possible response to a world without official immunity, the Supreme Court might 33 +AND 34 +reasonable person could think a search reasonable, it is not unreasonable.56 35 + 36 + 37 +===Impact – Court Clog = Poor Public Defense === 38 + 39 + 40 +====Court clog causes inefficient public defenders; this destroys the justice system for poor minorities. ==== 41 +**Van Brunt 15** ~~Alexa. 2015. "Poor People Rely on Public Defenders Who Are Too Overworked to Defend Them." The Guardian, June 17, https://www.theguardian.com/commentisfree/2015/jun/17/poor-rely-public-defenders-too-overworked. (Attorney and clinical assistant professor with the Roderick and Solange MacArthur Justice Center at Northwestern University Law School).~~ 42 +Money can buy you a great defense team, but what if you can't afford 43 +AND 44 +This group bears the brunt of our public defender systems' underfunding and overwork. - EntryDate
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... ... @@ -1,0 +1,53 @@ 1 +=Cap K= 2 + 3 +====The Police are inherently bad, not as individual agents but as a group because there were created to maintain the wealth of the bourgeoisie and subjugate the others within society==== 4 +**Wood 14** ~~Gregory Wood, 12-29-2014, "Stop Kidding Yourself: The Police Were Created to Control Working Class and Poor People," LAWCHA, http://lawcha.org/wordpress/2014/12/29/stop-kidding-police-created-control-working-class-poor-people/~~ 5 +In most of the liberal discussions of the recent police killings of unarmed black men 6 +AND 7 +class and poor people, whatever the individual feelings of the officers involved. 8 + 9 + 10 +====This is still the case to this day there has not been a change from this ideology – Change is needed==== 11 +**Wood 14** ~~Gregory Wood, 12-29-2014, "Stop Kidding Yourself: The Police Were Created to Control Working Class and Poor People," LAWCHA, http://lawcha.org/wordpress/2014/12/29/stop-kidding-police-created-control-working-class-poor-people/~~ 12 +Though some patrolmen tried to be kind and others were openly brutal, police violence 13 +AND 14 +And it's not what the current system of policing was created to be. 15 + 16 + 17 +====And Change must start with mass rejection of this ideology ==== 18 +**Wood 14** ~~Gregory Wood, 12-29-2014, "Stop Kidding Yourself: The Police Were Created to Control Working Class and Poor People," LAWCHA, http://lawcha.org/wordpress/2014/12/29/stop-kidding-police-created-control-working-class-poor-people/~~ 19 +If there is one positive lesson from the history of policing's origins, it is 20 +AND 21 +, not help them. They've continued to play that role ever since. 22 + 23 + 24 +====Police Maintain the power of the government and prevent structural change==== 25 +Anarchist People of Color 15 ~~"Anarchy in The Town", http://theanarchistlibrary.org/library/anarchist-people-of-color-anarchy-in-the-town~~ 26 +Anarchism is against the government, straight up. The job of the government is 27 +AND 28 +us so that we never stand a chance at rising agains the elite. 29 + 30 + 31 +====Origin of Police is from slave patrolling==== 32 +**David and Kappeler 16** ~~M. David (Editor In Chief), 11-2-2016, "Police Originated From 'Slave Catching Patrols'," Counter Current News, http://countercurrentnews.com/2015/04/police-originated-from-slave-catching-patrols/~~ 33 +Victor E. Kappeler, Ph.D writes the following in "A Brief 34 +AND 35 +makes the case that police are here to enforce systemic and systematic racism? 36 + 37 + 38 +====Vote Negative to embrace the immanence of revolution against capitalism. ==== 39 + 40 +Rejection of the 1AC opens up the space of a revolutionary subjectivity – voting negative is to affirm the immanent presence of revolution – the only thing stopping it is the belief that it's not here. 41 +Zizek 04 Slavoj Zizek, Professor of Philosophy 2004, Revolution at the Gates, Zizek on Lenin – The 1917 Writings, p.259-260~~ 42 + 43 +As Deleuze saw very clearly, we cannot provide in advance an unambiguous criterion which will 44 +AND 45 +it is, as it were, its own ontological proof, an immediate index of its own truth. 46 + 47 + 48 + 49 +====Our alternative is a crucial step to breaking down capitalism. A constant intellectual attack on capitalism enables the paradigm shift necessary to overthrow capitalism.==== 50 +Kovel 02 Joel Kovel Professor of Social Studies 2002 (Joel, Alger Hiss Professor of Social Studies at Bard College, The Enemy of Nature: The End of Capitalism or the End of the World? pg 223-224) 51 +Revolutions become feasible when a people decides that their present social arrangements are intolerable, 52 +AND 53 +is not sharply defined incorporate the goal towards which it moves? - EntryDate
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