Changes for page Westwood Myneni Neg

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Summary

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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.
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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.
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1 -Municipal budgets are on the brink in the status-quo.
2 -LILP 16. The Lincoln Institute of Land Policy is an independent, nonpartisan organization whose mission is to help solve global economic, social, and environmental challenges to improve the quality of life through creative approaches to the use, taxation, and stewardship of land. As a private operating foundation whose origins date to 1946, the Lincoln Institute seeks to inform public dialogue and decisions about land policy through research, training, and effective communication. By bringing together scholars, practitioners, public officials, policy makers, journalists, and involved citizens, the Lincoln Institute integrates theory and practice and provides a forum for multidisciplinary perspectives on public policy concerning land, both in the United States and internationally. The Lincoln Institute's work is organized in five major areas: Planning and Urban Form, Valuation and Taxation, International and Institute-Wide Initiatives, the People's Republic of China, and Latin America and the Caribbean., 1-15-2016, "Cities on the brink: monitoring municipal fiscal health," LILP, http://www.lincolninst.edu/news/lincoln-house-blog/cities-brink-monitoring-municipal-fiscal-health RS
3 -Northeastern University political science professor Benedict S. Jimenez shared the results of an ambitious customized survey of cities on their strategies for dealing with fiscal stress, at Lincoln House just before the holidays. Results show an emphasis on cutting expenditures over revenue-raising approaches – and that most cities say they are on the brink of crisis. Research on fiscal retrenchment at the local government level has been severely hampered by limited data on city finances after the Great Recession of 2007-09, he said. Comprehensive Annual Financial Reports (CAFRs) require a Freedom of Information Act request, and one third of states do not require local governments to file them. Census of Governments and the Annual Survey of State and Local Government Finances provide limited information. The Lincoln Institute database Fiscally Standardized Cities allows the comparison of budgets for 112 municipalities. Jimenez thus started his own survey, targeting appointed managers and budget or finance directors in cities with a population of 50,000 or more, and got 268 of the 674 queried cities to respond. The results provide a new window into the state of local public finance, and showed that most cities were relying on piecemeal strategies to stay away from insolvency year after year. The conditions are harsh: 42 reported that spending is growing faster than revenues; 36 reported increasing spending for current benefits; 35 cited dependence on fewer resources; 34 noted the further constraint of tax limits; and 29 were dealing with increased spending on post-employment benefits. In the area of personnel, almost two-thirds of respondents said they were leaving vacant positions unfilled, freezing hiring or salaries, and cutting professional development. Fewer were engaged in layoffs, moving employees part-time, revising union contracts, or reducing salaries for current employees. In services, almost one-third reported deferring capital projects and maintenance projects, rather than eliminating services outright, closing facilities, or cutting key services such as public safety. In striving for efficiency, many cities were asking more state aid or changes in aid formulas, or shifting the responsibility of functions and services to another level of government. More than half reported making better use of technology. On the revenue side, cities are relying on increased user fees – something the Lincoln Institute researchers have also found. Much less common was trying to increase the property tax rate and expand the property tax base, or increase the sales tax. While economic cycles, and the Great Recession in particular, have great impact, cities report long-term structural issues that make fiscal stress the “new normal” for most. Overall, 7 out of 10 cities reported that they are on the precipice of another budget crisis – and don’t expect that feeling to change in the next five years. This lecture was the first in the 2015-2016 series as part of the campaign of the Lincoln Institute to promote municipal fiscal health. The video can be viewed in its entirety here.
4 -Indemnification tanks municipal budgets and wrecks accountability – turns case, Ferguson proves.
5 -Prall 14. Derek Prall is a professional journalist who has held numerous positions with a variety of print and online publications including the New Jersey Herald. He is a 2008 graduate of Furman University holding bachelor's degrees in both English Literature and Communications Studies., 12-10-2014, "Who pays for police misconduct?," No Publication, http://americancityandcounty.com/law-enforcement/who-pays-police-misconduct RS
6 -Cases like those of Michael Brown and Eric Garner have communities abuzz about police misconduct and possible punitive damages, but, when the police are convicted of misconduct, more often than not, it's taxpayers – not the offending officers or agencies – who foot the bill. In a recent paper published in the New York University Law Review, Joanna Schwartz, an assistant law professor at UCLA and expert in police misconduct cases, says that “taxpayers almost always satisfy both compensatory and punitive damages awards entered against their sworn servants.” Meaning: It’s the city’s taxpayers – not the offending officer or the department – that pays when officers are found to be at fault. “My study reveals that police officers are virtually always indemnified: During the study period, governments paid approximately 99.98 percent of the dollars that plaintiffs recovered in lawsuits alleging civil rights violations by law enforcement,” Schwartz wrote. “Law enforcement officers in my study never satisfied a punitive damages award entered against them and almost never contributed anything to settlements or judgments — even when indemnification was prohibited by law or policy, and even when officers were disciplined, terminated or prosecuted for their conduct.” To reach these conclusions, Schwartz looked at misconduct cases in 44 large and 37 small or mid-sized police departments from 2006 to 2011. City Lab reports that together, these departments made up about 20 percent of the nation’s police officers.
7 -
8 - The data showed officers rarely pay out of their own pockets for civil-rights violations. In 9,225 cases from large cities that were settled or judged for the victim, $735 million in damages was awarded, with officers paying .02 percent of that figure - $171,300. In small to mid-sized cities, officers paid no part of the $9.4 million awarded. Schwartz told City Lab there is no reason to expect suits in Ferguson, Mo., or New York City will play out any differently. According to the Associated Press, Eric Garner’s family has filed suit against the city, the NYPD and the six officers involved for $75 million dollars. ThinkProgress reports six protesters in Ferguson are suing for $40 million in the first of many federal lawsuits expected to be filed. It is unclear how Ferguson will handle the financial burden – the figure dwarfs the city’s revenues for the fiscal year, and ThinkProgress reports the city is already budgeting for the fallout. Solutions for the problem are unclear. Schwartz told City Lab municipalities don’t necessarily need to eliminate indemnification, but suggests that holding more officers financially accountable for their actions would be a step in the right direction.
9 -Cities make police more aggressive, they’re forced to issue more tickets to make up for budget deficits – turns case.
10 -Vibes 14. John Vibes is an author, researcher and investigative journalist who takes a special interest in the counter culture and the drug war. In addition to his writing and activist work he is also the owner of a successful music promotion company. In 2013, he became one of the organizers of the Free Your Mind Conference, which features top caliber speakers and whistle-blowers from all over the world. You can contact him and stay connected to his work at his Facebook page. You can find his 65 chapter Book entitled “Alchemy of the Timeless Renaissance” at bookpatch.com. , 12-15-2014, "Ferguson to Solve Budget Crisis by Ordering Their Police to be More Aggressive," Free Thought Project, http://thefreethoughtproject.com/ferguson-police-ordered-start-writing-tickets-solve-citys-budget-crisis/#D9HXDXvtpXzikWDF.99. RS
11 -While controversy about the police killing of teenager Michael Brown has been the primary focus in Ferguson this year, the city’s government is also facing a massive budget crisis, which they are hoping to solve by ordering their police officers to write more tickets. Many residents in Ferguson have already pointed out that once this policy is implemented, it will strain the already high tensions between the community and the police. In a telephone interview with Bloomberg News this week, Ferguson’s finance director, Jeffrey Blume explained that in order for the city’s government to stay above their budget, the police would have to write millions of dollars in tickets for small, non-violent infractions. “There are a number of things going on in 2014 and one is a revenue shortfall that we anticipate making up in 2015. There’s about a million-dollar increase in public-safety fines to make up the difference,” Blume said. Police generated revenue from writing tickets is already the city’s second larges source of revenue after sales taxes, and the money brought in through the police departments is expected to grow with these new guidelines. “They said they weren’t going to go after poor people, so to speak, to fund their budget, but I guess that’s changed,” Tim Fischesser, executive director of the St. Louis Municipal League told Bloomberg. Some state politicians are worried that this could contribute to further unrest so they are seeking to limit how much money the local government can draw from police generated revenue. A number of state senators have filed two bills that would put these types of limits on the local government in Ferguson. “For Ferguson to respond to all of this and say that increasing ticketing was a good idea is outrageous,” one of the bill’s sponsors, Scott Sifton said. According to Sifton, the bills will be voted on sometime after January 7th, and if approved the limits would not go into effect until at least August. Missouri State Treasurer Clint Zweifel, also spoke in opposition of the new policies, saying that a strong focus on revenue generating does not make communities any safer. “Increasing reliance on such fines is the wrong way to go, period. Residents and neighborhoods are safer when police can focus on public safety, not a municipality’s need to protect a revenue stream,” Zweifel said.
12 -Tickets perpetuate structural inequalities – turns case.
13 -Solon 14. Sarah Solon: Communications Strategist, ACLU, 6-18-2014, "Preying on the Poor: For-Profit Probation Edition," American Civil Liberties Union, https://www.aclu.org/blog/preying-poor-profit-probation-edition RS
14 -Welcome to Alabama, the state of the never-ending seat belt ticket. Hali Wood is 17. She's applied to work at several grocery stores in her home town of Columbiana, but none are hiring. A few months back, cops ticketed Hali for not wearing a seat belt. The fine: $41. Hali has paid $41 and then some, but she's still hundreds of dollars in debt. Why? Because the court contracts with JCS, a for-profit probation company that forces Hali to choose between paying their exorbitant fees and going to jail. Here's how the scheme works: Privacy statement. This embed will serve content from youtube.com Borrowing from the payday lender playbook, companies like JCS often sign contracts in cities and counties strapped for cash. For the county, the deal seems like a sweet one: The company will collect outstanding court debts for free and make all their profits from charging probationers fees. But the problem is that many of these people were put on probation because they were too poor to pay their fine in the first place and for them, the additional fees are huge. People find themselves scrambling for money they don't have and forgoing basic necessities to avoid being thrown behind bars for missing a payment. The impact on communities, especially low-income communities of color, is devastating. Sadly, the for-profit probation business is booming. Every year, hundreds of thousands of people are sentenced to probation, often for misdemeanors including unpaid parking tickets. Instead of being able to just pay those fines and move on with their lives, many get sucked into spiraling debt traps they cannot escape. There are hundreds of thousands of people like Hali out there, for whom small court fines have ballooned into hundreds of dollars of debt. The for-profit probation racket isn't benefiting society; it's only benefiting these companies' bottom line. We need to remember two things: 1) If probationers miss a payment and end up behind bars, taxpayers foot the bill for this imprisonment; and 2) Our communities are not better off when we force people in poverty to choose between their liberty and putting food on their table —and needlessly lining the pockets of for-profit probation companies in the process. Counties and courts do not need to contract with these debt collectors on steroids. Publicly run probation exists, and it works while doing much less damage to communities. It's time to urge courts to cut their ties with the for-profit probation industry.
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