Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[21]
  • Caselist.CitesClass[20]

Details

Caselist.RoundClass[21]

EntryDate

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1		-2016-11-20 16:41:08.888
	1	+2016-11-20 16:41:08.0

Caselist.CitesClass[20]

Cites

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	1	+=1-off =
	2	+Interpretation: The affirmative may only fiat limiting qualified immunity for police officers; it may not also fiat overturning Sheehan and allowing the police to be sued under the ADA. To clarify, the plan text, i.e. the policy the aff proposes, can only be to limit qualified immunity, not to limit QI AND overturning Sheehan and allowing the police to be sued under the ADA
	3	+This does not mean you cannot read impacts regarding ableism and qualified immunity that apply to the debate, it just means that your action that you defend can only be the one mandated by the resolution.
	4	+
	5	+
	6	+====The affirmative is extra-topical. Two warrants:====
	7	+
	8	+
	9	+====1. PART OF THE SOLVENCY COMES FROM CREATING THE ABILITY TO SUE POLICE UNDER THE ADA. AFFIRMING REQUIRES APPLYING THE ADA TO ARRESTS, AN APPROACH THAT NOT ALL COURTS SUPPORT. Auner 16====
	10	+Thomas J. Auner (JD at Loyola Law), For the Protection of Society's Most Vulnerable, the ADA Should Apply to Arrests, 49 Loy. L.A. L. Rev. 335 (2016)
	11	+Fortunately, courts began taking this disproportionate figure into account by providing mentally ill people
	12	+AND
	13	+to arrest situations, leading to unequal federal protections for the mentally ill.
	14	+
	15	+
	16	+====2. OVERRULING THE SHEEHAN DECISION IS EXTRA TOPICAL. IT INVOLVES MORE THAN THE QUESTION OF QI. THE QUESTION IS ABOUT WHETHER POLICE HAVE TO MODIFY PROCEDURES FOR THOSE WITH DISABILITIES. ACLU 15====
	17	+ACLU, 2/13/15, https://www.aclu.org/cases/city-and-county-san-francisco-v-sheehan, City and County San Francisco vs. Sheehan.
	18	+ Whether the ADA's requirement to make reasonable accommodations for persons with disabilities applies to
	19	+AND
	20	+both officer safety and public safety are enhanced when appropriate procedures are followed.
	21	+
	22	+
	23	+====Standards: ====
	24	+
	25	+
	26	+====1. Ground. Explodes ground because the aff will get infinite arguments they can add with extra-T. This means the neg can never prepare a coherent strategy since a)they don't know what the aff will read and b) the neg doesn't know what the aff can access and perm. A bad division of ground steals our fairness because it gives one side more argumentative options. ====
	27	+
	28	+
	29	+====2. Limits. Extra topicality kills limits because the aff can just arbitrarily add stuff onto the resolution, justifying infinite possible affs. You can literally get rid of any bad law under their interp, which also proves quality of ground since they always pick something that clearly affirms. This means the aff can just read anything that doesn't affirm. Limits key to fairness because without limits the aff could just be infinitely abusive. Also key to jurisdiction because it sets up what the judge can vote on.====
	30	+
	31	+
	32	+====3. Jurisdiction. If you are defending something that is outside the scope of the topic, then the judge is not voting on the resolution, rather something else that is different. So they cannot actually affirm. ====
	33	+
	34	+
	35	+====4. Topical version of the aff solves all your discussion offense: ====
	36	+
	37	+
	38	+====a) either defend whole res and make arguments about why limiting QI gives disabled people more recourse or chills violence against them ====
	39	+
	40	+
	41	+====b) Defend adhering to certain restrictions of ADA but don't defend the 2 planks that are extra-T isolated above. ====
	42	+ 1. Fairness is a voter since the ballot asks who the better debater is and you can't make that decision accurately if the round is unfair.
	43	+2. Fairness outweighs education
	44	+Education loss is a reversible harm - I can always read up more on topic lit later, or do rebuttal redos to increase clash and critical thinking skills. But an unfair decision is permanent.
	45	+
	46	+
	47	+====3. Jurisdiction is a constraint on fairness and education—absent a topical advocacy, it becomes impossible to affirm the resolution since you are endorsing something else which is a reason to negate since it means that something that isn't the resolution is good. ====
	48	+4. Drop the debater
	49	+a) Recourse- Drop the arg always incentivizes abusive positions because worse case scenario you lose access to the arg but best case you win on an abusive arg. Drop the debater to incentives further checking of abuse and to deter your use of them.
	50	+b) Drop the arg is severance on T because it shifts their advocacy to
	51	+AND
	52	+shell. Giving you another way out creates a 2:1 skew.
	53	+
	54	+
	55	+=2-off =
	56	+
	57	+
	58	+====A. Link—aff solvency is reliant on more litigation against police officers. Either the aff has no solvency or they link to this DA. Increased litigation concerning police misconduct drains city budgets.====
	59	+Elinson and Frosch 15** ~~Zusha Elinson and Dan Frosch, Cost of Police-Misconduct Cases Soars in Big U.S. Cities, WSJ, 7-15-2015~~**
	60	+For most** of the **police departments** surveyed by the Journal, **the costliest claims were
	61	+AND
	62	+**money into that fund to pay for the lawsuits has really been challenging."**
	63	+
	64	+
	65	+====B. Impact: Municipal financial struggles are the root cause of overpolicing====
	66	+Graeber 15 **~~David Graeber (London School of Economics, the author of Debt: The First 5,000 Years, Towards an Anthropological Theory of Value, Lost People: Magic and the Legacy of Slavery in Madagascar, Fragments of an Anarchist Anthropology, Possibilities: Essays on Hierarchy, Rebellion, and Desire, and Direct Action: An Ethnography, "Ferguson and the Criminalization of American Life," Gawker 3/19/2015~~**
	67	+**The Department of Justice's investigation of the Ferguson Police Department has scandalized the nation, **
	68	+**AND**
	69	+a loitering citation, so reducing the drive to overpolice will necessarily decrease brutality
	70	+
	71	+
	72	+====This overpolicing disproportionately harms African-Americans====
	73	+Natapoff 15** ~~Alexandra Natapoff, PhD, "The Cost of "Quality of Life" Policing," Washington Post, November 11, 2015~~**
	74	+**These **wrongful convictions are** largely **byproducts of** "order maintenance" or **"quality-
	75	+AND
	76	+**, such as loitering, trespassing, disorderly conduct, or resisting arrest.**
	77	+
	78	+
	79	+=3-off=
	80	+
	81	+
	82	+====CP Text: The United States Federal Government should mandate that all police officers wear body cameras. Status is ________. ====
	83	+
	84	+
	85	+====CP solves material impacts of case—empirics prove body cameras massively reduce violence. ====
	86	+**Feige 15** ~~David Feige, television writer and the author of Indefensible and spent 15 years as a public defender "Brutal Reality: When police wear body cameras, citizens are much safer," Slate, April 10, 2015, http://www.slate.com/articles/news_and_politics/jurisprudence/2015/04/police_body_cameras_cops_commit_less_violence_and_complaints_are_real.html~~ JW
	87	+The difficulty in indicting and convicting police officers illuminates an uncomfortable truth of the criminal
	88	+AND
	89	+citizens are dismissed in favor of the self-justification of the police.
	90	+
	91	+
	92	+=Case =
	93	+
	94	+
	95	+===FW===
	96	+
	97	+
	98	+===Solvency===
	99	+
	100	+
	101	+====1. Terminal defense on solvency- police don't pay legal fees, are unaware of complains and potential liability doesn't alter actions. ====
	102	+De Stefan 16 ~~Lindsey de Stefan, ~~JD Candidate, Seton Hall University School of Law~~, "No Man is Above the Law and No Man is Below It: How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct," Seton Hall Law Student Scholarship, July 26, 2016 (2017 Academic Year)~~
	103	+The Court specifically fears that financial liability, in the form of paying compensatory damages
	104	+AND
	105	+does not actually alter most officers' on-the-job actions.101
	106	+
	107	+
	108	+====2. Turn- The Supreme Court will limit constitutional rights to compensate for removing Qualified Immunity, empirics prove. ====
	109	+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~~
	110	+As another possible response to a world without official immunity, the Supreme Court might
	111	+AND
	112	+cases so the harm of losing substantive rights massively aggregates and outweighs case.
	113	+
	114	+
	115	+====3. TURN- The aff obscures the root cause of violence—punishing individual officers can't solve====
	116	+Carbado 16 **~~Carbado, Devon and Patrick Rock. "What exposes African Americans to police violence?" Harvard Civil Rights-Civil Liberties Law Review, vol. 51, 2016~~**
	117	+**"Yet, **for all the discussions** we have had **about race and excessive force** **
	118	+**AND**
	119	+accountability, etc. You prelcude all these reforms for a single one.
	120	+
	121	+
	122	+====4. Terminal defense—liability doesn't affect police conduct- empirically proven====
	123	+Schwartz 14** ~~Joanna C. Schwartz, ~~Assistant Professor of Law, UCLA School of Law~~, "Police Indemnification," New York University Law Review, Vol. 89, 2014~~**
	124	+**Studies have found that "the prospect of **civil liability has a deterrent effect in
	125	+AND
	126	+**is currently not influenced to any substantial extent by the threat of litigation. **
	127	+
	128	+
	129	+====TURN- The aff expands the power of the state, they can claim the courts are flooded and dismiss the cases they know they'll lose, this effectively makes every officer immune. Empirically proven in prisons.====
	130	+Dunn 16** ~~DUNN, ASHLEY. "Flood Of Prisoner Rights Suits Brings Effort To Limit Filings". Nytimes.com. N. p., 2016. Web. 20 Oct. 2016~~**
	131	+**Over the years, the civil rights suits have become a powerful method to force **
	132	+**AND**
	133	+**, **to** begin **look**ing **at ways to curb prisoners' access** **to** the **courts**.**

EntryDate

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	1	+2016-11-20 16:41:11.794

Judge

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	1	+Bennett Eckert

Opponent

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	1	+Apple Valley CR

ParentRound

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	1	+21

Round

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	1	+2

Team

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	1	+West Ranch Won Neg

Title

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	1	+NOVDEC - Glenbrooks R1 NC

Tournament

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	1	+Glenbrooks