Changes for page Westwood Myneni Neg

Last modified by Administrator on 2017/08/29 03:41

From version < 11.1 >
edited by Saket Myneni
on 2016/12/03 15:42
To version 1.1 >
edited by Saket Myneni
on 2016/10/05 20:47
>
Change comment: There is no comment for this version

Summary

Details

Caselist.CitesClass[0]
Cites
... ... @@ -1,3 +1,0 @@
1 -====Interpretation: Nuclear power is defined as:====
2 -Legal Dictionary, xx-xx-xxxx, "Nuclear Power," TheFreeDictionary, http://legal-dictionary.thefreedictionary.com/Nuclear+Power
3 -A form of energy produced by an atomic reaction, capable of producing an alternative source of electrical power to that supplied by coal, gas, or oil.
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-10-21 00:35:27.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Randall Martinez
Opponent
... ... @@ -1,1 +1,0 @@
1 -Evanston ES
ParentRound
... ... @@ -1,1 +1,0 @@
1 -2
Round
... ... @@ -1,1 +1,0 @@
1 -2
Team
... ... @@ -1,1 +1,0 @@
1 -Westwood Myneni Neg
Title
... ... @@ -1,1 +1,0 @@
1 -SeptOct - T - Nuclear Power
Tournament
... ... @@ -1,1 +1,0 @@
1 -St Marks
Caselist.CitesClass[1]
Cites
... ... @@ -1,9 +1,0 @@
1 -Courts are barely declogged now – but that state requries extreme and careful management – along with very high levels of policy intervention
2 -Bates 14. Judge John Bates, 2015. Bates is a United States District Judge for the United States District Court for the District of Columbia, "Annual Report 2014," USCourts.gov, http://www.uscourts.gov/statistics-reports/annual-report-2014//AD
3 -It was a great privilege to be only the second judge to serve as Director in the 75-year history of the Administrative Office of the U.S. Courts (AO). As of January 2015, I relinquished my duties as Director to take on additional judicial duties at my court, the District Court for the District of Columbia. I return better informed about judicial administration and with a renewed appreciation for the excellence that exists in both the AO and the courts.I am grateful to the Chief Justice for placing his confidence in me, and I greatly appreciate the tremendous support I received from judges, and from court and AO staff. It may seem trite to say that I am proud of our success in keeping courthouse doors open and cases moving. However, it took great coordination and planning to begin the recovery from the severe funding reductions we endured during sequestration. In many ways, this rebuilding process was our greatest accomplishment in 2014.We were exceedingly fortunate that, when a funding bill finally was enacted, Congressional appropriators treated the Third Branch as a priority in both Fiscal Years 2014 and 2015. I believe that our cost containment efforts continue to demonstrate that we are serious about using taxpayer money prudently. We also have in place numerous broad accountability controls, ranging from audits and program reviews to required stewardship training for senior AO and court managers. Our strong commitment to the highest fiscal and ethical standards helps assure that the limited resources available are carefully managed and properly spent. Much of our cost-saving focus has been on court space. We have scoured our rent bills; courts have developed space management and reduction plans; and our integrated workplace initiative will enable courts to use space in a flexible and efficient manner. We also are reexamining staffing formulas, using less costly and easier ways to reach prospective jurors, and replacing our aging legacy accounting system with a new, centralized financial management system. As Director, I’ve had the opportunity to participate in conferences, advisory councils, workshops and other meetings involving judges and court staff from across the country. While I delivered news from Washington and the Administrative Office, I also absorbed a tremendous amount by listening and observing our courts in action. I learned that we are uniquely skilled problem solvers on both a local and national level. As one example, the District of Nevada developed an automated system for processing and managing vouchers submitted by lawyers appointed to represent indigents under the Criminal Justice Act. Through a collaborative effort, the system, known as eVoucher, is being adopted for national use and shared with courts throughout the country. On a broader scale, the national roll out of the Next Generation of our Case Management/Electronic Case Files System has begun in the courts of appeals. It will increase chambers’ and clerks’ office efficiency and, when fully implemented, will provide for a single sign-on for public users. Testing in district and bankruptcy courts will begin in 2015.The strength of the federal Judiciary lies in our ability to work together to confront the challenges that come our way. While I will remain a committed member of that team, it was a unique honor to serve in a leadership position as Director. The AO plays a central role in helping courts function smoothly. I benefitted greatly from Judge Tom Hogan’s fine work before me. I am also proud of what we have accomplished and know that Director Jim Duff, with his accomplished leadership skills, will continue the tradition of excellent public service.
4 -Judicial resources are overstretched but qualified immunity doctrine allows quick dismissal of frivolous suits – the plan would clog the courts
5 -Putnam and Ferris 92 (Charles Putnam, Senior Assistant Attorney General, Office of the New Hampshire Attorney General, J.D. 1985, University of Connecticut. Charles Ferris, J.D. 1992, Franklin Pierce Law Center, Concord, New Hampshire.)“DEFENDING A MALIGNED DEFENSE: THE POLICY BASES OF THE QUALIFIED IMMUNITY DEFENSE IN ACTIONS UNDER 42 U.S.C. § 1983” BRIDGEPORT LAW REVIEW QUINNIPIAC COLLEGE Volume 12 Number 3 Spring 1992 LADI
6 -A second policy consideration present in section 1983 litigation and furthered by the qualified immunity defense is the limiting of overdeterrence. Increasingly, courts are sensitive to the possibility that state and local government officials, because they are so often targets of section 1983 actions, are being improperly deterred in the performance of their duties.1 " The Supreme Court's absolute and qualified immunity decisions demonstrate its desire to reduce not only the incidence of official liability but the financially burdensome costs of defense, as well.14 National resources are obviously scarce, yet increasing numbers of section 1983 actions are being filed in overburdened federal courts. Reducing the load of these cases on the court system is a third essential policy consideration. Some courts have questioned whether the abundance of section 1983 cases in federal courts is an efficient use of judicial resources in light of the perception that many such actions are of questionable merit."6 The Supreme Court has thus encouraged the use of summary judgment where courts are faced with such cases. For instance, in Butz v. Economou, 7 the Court held: Insubstantial lawsuits can be quickly terminated by federal courts alert to the possibilities of artful pleading. Unless the complaint states a compensable claim for relief under the Federal Constitution, it should not survive a motion to dismiss. Moreover, the Court recognized in Scheuer that damages suits concerning constitutional violations need not proceed to trial, but can be terminated on a properly supported motion for summary judgment based on the defense of immunity.... In responding to such a motion, plaintiffs may not play dog in the manger; and firm application of the Federal Rules of Civil Procedure whichwill ensure that federal officials are not harassed by frivolous lawsuits.18 The courts' use of summary judgment and other procedural devices is thus an important safety measure for both the courts and defendants facing suit. Finally, because it creates a monetary damages action for constitutional violations, section 1983 may encourage plaintiffs' attorneys to push a number of constitutional provisions to their outer limits. The presence of further incentives, such as the availability of attorney's fees, creates an additional inducement to plaintiffs' lawyers who may read the Constitution too expansively. Such incentives tend to propagate constitutionally trivializing actions. The avoidance of these constitutionally unworthy cases is the fourth major objective of the qualified immunity defense in section 1983 litigation.'9 The Court voiced this concern in Baker v. McCollan.20 In Baker, the Court held that "section 1983 imposes liability for violations of rights protected by the Constitution, not for violations of duties of care arising out of tort law."'" To protect against such trivialization, the United States Supreme Court has established that merely negligent conduct does not implicate the Due Process Clause and is therefore not actionable under section 1983.2
7 -Court clog undermines just enforcement of laws – turns case by encouraging subjective application.
8 -Bannon 13. Alicia Bannon (serves as counsel for the Brennan Center’s Democracy Program, where her work focuses on judicial selection and promoting fair and impartial courts. Ms. Bannon also previously served as a Liman Fellow and Counsel in the Brennan Center’s Justice Program. J.D. from Yale Law School in 2007, where she was a Comments Editor of the Yale Law Journal). “Testimony: More Judges Needed in Federal Courts.” Brennan Center for Justice at NYU School of Law. September 10, 2013 RS
9 -The growing workload in district courts around the country negatively impacts judges’ ability to effectively dispense justice, particularly in complex and resource-intensive civil cases, where litigants do not enjoy the same “speedy trial” rights as criminal defendants. For example, the median time for civil cases to go from filing to trial has increased by more than 70 percent since 1992, from 15 months to more than two years (25.7 months). Older cases are also increasingly clogging district court dockets. Since 2000, cases that are more than three years old have made up an average of 12 percent of the district court civil docket, compared to an average of 7 percent from 1992-1999. For a small company in a contract dispute or a family targeted by consumer fraud, these kind of delays often mean financial uncertainty and unfilled plans, putting lives on hold as cases wind through the court system. All too often, justice delayed in these circumstances can mean justice denied. These patterns of delay are starkly reflected in the districts for which additional judgeships are recommended, many of which lag behind the national average in key metrics. In the Eastern District of California, for example, the median time for civil cases to go from filing to trial is almost four years (46.4 months). This district would receive six additional permanent judgeships and one additional temporary judgeship under the Act. In the Middle District of Florida, over 23 percent of the civil docket is more than three years old. This district would receive five additional permanent judgeships and one additional temporary judgeship under the Act. The federal courts are a linchpin of our democracy, protecting individual rights from government overreach, providing a forum for resolving individual and commercial disputes, and supervising the fair enforcement of criminal laws. In order for judges to perform their jobs effectively, however, they must have manageable workloads. The Brennan Center urges Congress to promptly pass the Federal Judgeship Act of 2013, so as to ensure the continued vitality of our federal courts.
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-12-03 15:42:36.703
Judge
... ... @@ -1,1 +1,0 @@
1 -Samuel Rinkacs
Opponent
... ... @@ -1,1 +1,0 @@
1 -Harlingen ST
ParentRound
... ... @@ -1,1 +1,0 @@
1 -3
Round
... ... @@ -1,1 +1,0 @@
1 -2
Team
... ... @@ -1,1 +1,0 @@
1 -Westwood Myneni Neg
Title
... ... @@ -1,1 +1,0 @@
1 -NovDec- Court Clog DA
Tournament
... ... @@ -1,1 +1,0 @@
1 -UT
Caselist.RoundClass[1]
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-10-21 00:34:44.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Randall Martinez
Opponent
... ... @@ -1,1 +1,0 @@
1 -Evanston ES
Round
... ... @@ -1,1 +1,0 @@
1 -2
Tournament
... ... @@ -1,1 +1,0 @@
1 -St Marks
Caselist.RoundClass[2]
Cites
... ... @@ -1,1 +1,0 @@
1 -0
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-10-21 00:35:25.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Randall Martinez
Opponent
... ... @@ -1,1 +1,0 @@
1 -Evanston ES
Round
... ... @@ -1,1 +1,0 @@
1 -2
Tournament
... ... @@ -1,1 +1,0 @@
1 -St Marks
Caselist.RoundClass[3]
EntryDate
... ... @@ -1,1 +1,0 @@
1 -2016-12-03 15:42:34.0
Judge
... ... @@ -1,1 +1,0 @@
1 -Samuel Rinkacs
Opponent
... ... @@ -1,1 +1,0 @@
1 -Harlingen ST
Round
... ... @@ -1,1 +1,0 @@
1 -2
Tournament
... ... @@ -1,1 +1,0 @@
1 -UT

Schools

Aberdeen Central (SD)
Acton-Boxborough (MA)
Albany (CA)
Albuquerque Academy (NM)
Alief Taylor (TX)
American Heritage Boca Delray (FL)
American Heritage Plantation (FL)
Anderson (TX)
Annie Wright (WA)
Apple Valley (MN)
Appleton East (WI)
Arbor View (NV)
Arcadia (CA)
Archbishop Mitty (CA)
Ardrey Kell (NC)
Ashland (OR)
Athens (TX)
Bainbridge (WA)
Bakersfield (CA)
Barbers Hill (TX)
Barrington (IL)
BASIS Mesa (AZ)
BASIS Scottsdale (AZ)
BASIS Silicon (CA)
Beckman (CA)
Bellarmine (CA)
Benjamin Franklin (LA)
Benjamin N Cardozo (NY)
Bentonville (AR)
Bergen County (NJ)
Bettendorf (IA)
Bingham (UT)
Blue Valley Southwest (KS)
Brentwood (CA)
Brentwood Middle (CA)
Bridgewater-Raritan (NJ)
Bronx Science (NY)
Brophy College Prep (AZ)
Brown (KY)
Byram Hills (NY)
Byron Nelson (TX)
Cabot (AR)
Calhoun Homeschool (TX)
Cambridge Rindge (MA)
Canyon Crest (CA)
Canyon Springs (NV)
Cape Fear Academy (NC)
Carmel Valley Independent (CA)
Carpe Diem (NJ)
Cedar Park (TX)
Cedar Ridge (TX)
Centennial (ID)
Centennial (TX)
Center For Talented Youth (MD)
Cerritos (CA)
Chaminade (CA)
Chandler (AZ)
Chandler Prep (AZ)
Chaparral (AZ)
Charles E Smith (MD)
Cherokee (OK)
Christ Episcopal (LA)
Christopher Columbus (FL)
Cinco Ranch (TX)
Citrus Valley (CA)
Claremont (CA)
Clark (NV)
Clark (TX)
Clear Brook (TX)
Clements (TX)
Clovis North (CA)
College Prep (CA)
Collegiate (NY)
Colleyville Heritage (TX)
Concord Carlisle (MA)
Concordia Lutheran (TX)
Connally (TX)
Coral Glades (FL)
Coral Science (NV)
Coral Springs (FL)
Coppell (TX)
Copper Hills (UT)
Corona Del Sol (AZ)
Crandall (TX)
Crossroads (CA)
Cupertino (CA)
Cy-Fair (TX)
Cypress Bay (FL)
Cypress Falls (TX)
Cypress Lakes (TX)
Cypress Ridge (TX)
Cypress Springs (TX)
Cypress Woods (TX)
Dallastown (PA)
Davis (CA)
Delbarton (NJ)
Derby (KS)
Des Moines Roosevelt (IA)
Desert Vista (AZ)
Diamond Bar (CA)
Dobson (AZ)
Dougherty Valley (CA)
Dowling Catholic (IA)
Dripping Springs (TX)
Dulles (TX)
duPont Manual (KY)
Dwyer (FL)
Eagle (ID)
Eastside Catholic (WA)
Edgemont (NY)
Edina (MN)
Edmond North (OK)
Edmond Santa Fe (OK)
El Cerrito (CA)
Elkins (TX)
Enloe (NC)
Episcopal (TX)
Evanston (IL)
Evergreen Valley (CA)
Ferris (TX)
Flintridge Sacred Heart (CA)
Flower Mound (TX)
Fordham Prep (NY)
Fort Lauderdale (FL)
Fort Walton Beach (FL)
Freehold Township (NJ)
Fremont (NE)
Frontier (MO)
Gabrielino (CA)
Garland (TX)
George Ranch (TX)
Georgetown Day (DC)
Gig Harbor (WA)
Gilmour (OH)
Glenbrook South (IL)
Gonzaga Prep (WA)
Grand Junction (CO)
Grapevine (TX)
Green Valley (NV)
Greenhill (TX)
Guyer (TX)
Hamilton (AZ)
Hamilton (MT)
Harker (CA)
Harmony (TX)
Harrison (NY)
Harvard Westlake (CA)
Hawken (OH)
Head Royce (CA)
Hebron (TX)
Heights (MD)
Hendrick Hudson (NY)
Henry Grady (GA)
Highland (UT)
Highland (ID)
Hockaday (TX)
Holy Cross (LA)
Homewood Flossmoor (IL)
Hopkins (MN)
Houston Homeschool (TX)
Hunter College (NY)
Hutchinson (KS)
Immaculate Heart (CA)
Independent (All)
Interlake (WA)
Isidore Newman (LA)
Jack C Hays (TX)
James Bowie (TX)
Jefferson City (MO)
Jersey Village (TX)
John Marshall (CA)
Juan Diego (UT)
Jupiter (FL)
Kapaun Mount Carmel (KS)
Kamiak (WA)
Katy Taylor (TX)
Keller (TX)
Kempner (TX)
Kent Denver (CO)
King (FL)
Kingwood (TX)
Kinkaid (TX)
Klein (TX)
Klein Oak (TX)
Kudos College (CA)
La Canada (CA)
La Costa Canyon (CA)
La Jolla (CA)
La Reina (CA)
Lafayette (MO)
Lake Highland (FL)
Lake Travis (TX)
Lakeville North (MN)
Lakeville South (MN)
Lamar (TX)
LAMP (AL)
Law Magnet (TX)
Langham Creek (TX)
Lansing (KS)
LaSalle College (PA)
Lawrence Free State (KS)
Layton (UT)
Leland (CA)
Leucadia Independent (CA)
Lexington (MA)
Liberty Christian (TX)
Lincoln (OR)
Lincoln (NE)
Lincoln East (NE)
Lindale (TX)
Livingston (NJ)
Logan (UT)
Lone Peak (UT)
Los Altos (CA)
Los Osos (CA)
Lovejoy (TX)
Loyola (CA)
Loyola Blakefield (MA)
Lynbrook (CA)
Maeser Prep (UT)
Mannford (OK)
Marcus (TX)
Marlborough (CA)
McClintock (AZ)
McDowell (PA)
McNeil (TX)
Meadows (NV)
Memorial (TX)
Millard North (NE)
Millard South (NE)
Millard West (NE)
Millburn (NJ)
Milpitas (CA)
Miramonte (CA)
Mission San Jose (CA)
Monsignor Kelly (TX)
Monta Vista (CA)
Montclair Kimberley (NJ)
Montgomery (TX)
Monticello (NY)
Montville Township (NJ)
Morris Hills (NJ)
Mountain Brook (AL)
Mountain Pointe (AZ)
Mountain View (CA)
Mountain View (AZ)
Murphy Middle (TX)
NCSSM (NC)
New Orleans Jesuit (LA)
New Trier (IL)
Newark Science (NJ)
Newburgh Free Academy (NY)
Newport (WA)
North Allegheny (PA)
North Crowley (TX)
North Hollywood (CA)
Northland Christian (TX)
Northwood (CA)
Notre Dame (CA)
Nueva (CA)
Oak Hall (FL)
Oakwood (CA)
Okoboji (IA)
Oxbridge (FL)
Oxford (CA)
Pacific Ridge (CA)
Palm Beach Gardens (FL)
Palo Alto Independent (CA)
Palos Verdes Peninsula (CA)
Park Crossing (AL)
Peak to Peak (CO)
Pembroke Pines (FL)
Pennsbury (PA)
Phillips Academy Andover (MA)
Phoenix Country Day (AZ)
Pine Crest (FL)
Pingry (NJ)
Pittsburgh Central Catholic (PA)
Plano East (TX)
Polytechnic (CA)
Presentation (CA)
Princeton (NJ)
Prosper (TX)
Quarry Lane (CA)
Raisbeck-Aviation (WA)
Rancho Bernardo (CA)
Randolph (NJ)
Reagan (TX)
Richardson (TX)
Ridge (NJ)
Ridge Point (TX)
Riverside (SC)
Robert Vela (TX)
Rosemount (MN)
Roseville (MN)
Round Rock (TX)
Rowland Hall (UT)
Royse City (TX)
Ruston (LA)
Sacred Heart (MA)
Sacred Heart (MS)
Sage Hill (CA)
Sage Ridge (NV)
Salado (TX)
Salpointe Catholic (AZ)
Sammamish (WA)
San Dieguito (CA)
San Marino (CA)
SandHoke (NC)
Santa Monica (CA)
Sarasota (FL)
Saratoga (CA)
Scarsdale (NY)
Servite (CA)
Seven Lakes (TX)
Shawnee Mission East (KS)
Shawnee Mission Northwest (KS)
Shawnee Mission South (KS)
Shawnee Mission West (KS)
Sky View (UT)
Skyline (UT)
Smithson Valley (TX)
Southlake Carroll (TX)
Sprague (OR)
St Agnes (TX)
St Andrews (MS)
St Francis (CA)
St James (AL)
St Johns (TX)
St Louis Park (MN)
St Margarets (CA)
St Marys Hall (TX)
St Thomas (MN)
St Thomas (TX)
Stephen F Austin (TX)
Stoneman Douglas (FL)
Stony Point (TX)
Strake Jesuit (TX)
Stratford (TX)
Stratford Independent (CA)
Stuyvesant (NY)
Success Academy (NY)
Sunnyslope (AZ)
Sunset (OR)
Syosset (NY)
Tahoma (WA)
Talley (AZ)
Texas Academy of Math and Science (TX)
Thomas Jefferson (VA)
Thompkins (TX)
Timber Creek (FL)
Timothy Christian (NJ)
Tom C Clark (TX)
Tompkins (TX)
Torrey Pines (CA)
Travis (TX)
Trinity (KY)
Trinity Prep (FL)
Trinity Valley (TX)
Truman (PA)
Turlock (CA)
Union (OK)
Unionville (PA)
University High (CA)
University School (OH)
University (FL)
Upper Arlington (OH)
Upper Dublin (PA)
Valley (IA)
Valor Christian (CO)
Vashon (WA)
Ventura (CA)
Veritas Prep (AZ)
Vestavia Hills (AL)
Vincentian (PA)
Walla Walla (WA)
Walt Whitman (MD)
Warren (TX)
Wenatchee (WA)
West (UT)
West Ranch (CA)
Westford (MA)
Westlake (TX)
Westview (OR)
Westwood (TX)
Whitefish Bay (WI)
Whitney (CA)
Wilson (DC)
Winston Churchill (TX)
Winter Springs (FL)
Woodlands (TX)
Woodlands College Park (TX)
Wren (SC)
Yucca Valley (CA)