Tournament: Glenbrooks | Round: 1 | Opponent: Apple Valley CE | Judge: Bennet Eckert

Part 1 – Framework

Justice is comprised of recognition and redistribution. Moral frameworks need to encompass both in order to function. Fraser 01

Nancy Fraser, 20'01, "Recognition without ethics?", Nancy Fraser is an American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, https://www.google.com/search?q=nancy+fraserandoq=nancy+fraserandaqs=chrome..69i57.2448j0j4andsourceid=chromeandie=UTF-8
For some time now, the forces of progressive politics have been divided into two
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defensible claims for social equality and defensible claims for the recognition of difference. 

Participatory parity provides a method to both identify and remedy injustice. Fraser 2

Nancy, 2001, "Recognition without ethics?", Nancy Fraser is an American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, https://www.google.com/search?q=nancy+fraserandoq=nancy+fraserandaqs=chrome..69i57.2448j0j4andsourceid=chromeandie=UTF-8
How, then, should recognition claims be judged? What constitutes an adequate criterion
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itself sufficient to distinguish justified from unjustified claims for the recognition of difference.

Thus the standard is participatory parity.

The status model fosters participatory parity. Fraser 3

Nancy, 2001, "Recognition without ethics?", Nancy Fraser is an American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, https://www.google.com/search?q=nancy+fraserandoq=nancy+fraserandaqs=chrome..69i57.2448j0j4andsourceid=chromeandie=UTF-8
The key to my strategy is to break with the standard 'identity' model of
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redistribution – without succumbing to philosophical schizophrenia. Or so I shall argue next

Prefer additionally: analytic

Squo doctrine of QI is bad Wright 15

Sam Wright, Nov. 3 2015. Sam Wright is a public interest lawyer in Seattle focusing exclusively on governments and nonprofits for a decade, and has authored/coauthored over a thousand law reviews. ("Want to Fight Police Misconduct? Reform Qualified Immunity" http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/
I think Megan McArdle is probably right that these proposals (and the others in
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want to see justice done, we should push to make it happen.

The abuse of police power upon black bodies is legally justified- departmental policy allows gross violations of constitutional and human rights. Cardabo 16

Cardabo ("Blue-on-Black Violence: A Provisional Model of Some of the Causes" https://poseidon01.ssrn.com/delivery.php ID=673064096005020124027029102096025100001024071012061053073118029088121011070115096091011099101107042108110072119028077103081106031034078007004004104014023106102120059039091020116004108105001112098065100003029096075013022123071127119097078102115004067andEXT=pdf) DEVON W. CARBADO, 2016
No single model can fully explain African-American vulnerability to police violence. At
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"a pattern of excessive force in violation of the Fourth Amendment."23

Qualified immunity protects officers who have clearly broken the law because the standards for being clearly established are far too high.

Sheng, associate in Davis Polk's Litigation Department, practicing in the Menlo Park office, law clerk to the chief judge of the U.S. Court of Appeals for the Federal Circuit, 2012
Philip, "An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cases Brought Under 42 U.S.C. § 1983", Brigham Young University Journal of Public Law, March 1st, Accessed November 10th, Online: http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1459andcontext=jpl** – MG
Apart from the concerns that (I) the Court is affording law enforcement officers
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to whether and when cases on point arc needed to overcome qualified immunity. 

Thus the plan text: The united states ought to limit qualified immunity for police officers by changing the clearly established clause to a burden of evidence on the defendant

Williams 12 advocates for the plan:

Williams '12 (John C. Williams. Doctor of Jurisprudence, May 2012, Vanderbilt University Law School. "Qualifying Qualified Immunity." Vanderbilt Law Review. Vol. 65:4:1295. 2012 — KW)
"Because the fact-specific approach of contemporary qualified immunity doctrine already favors defendants
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dismissal by arguing that their actions were not in fact a constitutional violation."

Civil suits in constitutional rights violations are distinctly important in recognizing the importance of individuals who have their rights violated by government officials, even when the financial liability may be addressed by the government. Armacost 89

(Barbara E. Armacost 51 Vand. L. Rev. 583 (1998) "Qualified Immunity- Ignorance Excused" J.D. University of Virginia School of Law 1989 M.T.S. Regent College of the University of British Columbia 1984 B.S. University of Virginia 1976 )
Turning to section 1983 law, I contend that individual damages liability for constitutional violations
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but through public reaction to re- ported allegations of clear constitutional impropriety.

Civil recourse is key to individual recognition of status and authority of the plaintiffs, empowering them. Solomon 10

Solomon '10 (Jason M. Solomon. Associate Professor, College of William and Mary Law School.  "What is Civil Justice" Loyola Of Los Angeles Law Review. Vol. 44:317. Fall 2010. http://scholarship.law.wm.edu/facpubs/1149 — KW)
"Consistent with the inescapable moral quality of the word justice in both systems,
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officers for wrongdoing will eventually bring about large-scale, beneficial change.

Civil suits against police officers for constitutional rights violations are uniquely important to address discrimination and rights abuses Nixa 16

(Dan Nixa, May 6, 2016 "On the importance of civil rights lawsuits", https://chicagocivilrightslaw.com/a-short-history-on-the-importance-of-civil-rights-lawsuits/ Dan attended Vanderbilt University Law School. At Vanderbilt, Dan won the second-year mock trial championship, participated in moot court, and was a member of a law journal.  
University Nebraska at Omaha, Summa Cum Laude, Economics with honors. Dan was
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and can help you decide if a lawsuit is the best course of action

The state is inevitable – refusal to engage in traditional politics cedes the policy sphere to authoritarian elites and abdicates social responsibility – that makes all crises inevitable Boggs '97

 (we give power up, if we reject the state, the only people who do the alt are people on the left, which only leaves all right wing authoritarians with state power, turns the alt)
 (Carl, Professor of Political Science – National University, Theory and Society
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of those universal, collective interests that had vanished from civil society.75

Tournament: TFA State | Round: 1 | Opponent: Strake Jesuit RC | Judge: John Sims

1AC

FWK

Analytic

analytic.

Identity is socially constructed through structures of recognition and a constant negotiation with the other.

Butler (Judith Butler, Maxine Elliot Professor in the Department of Comparative Literature at UC Berkeley and the Program of Critical Theory, "Giving an Account of Oneself", Diacritics, Vol. 31, No. 4. (Winter, 2001), pp. 22-40, Online: http://www.jstor.org/stable/1566427 - MG) 
In a sense, my account of myself is never fully mine, and is
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temporality of a set of norms that contest the singularity of my story. 

In these structures, identity is precarious. It is always at risk of being denied and made unintelligible by difference. Two warrants:

My identity is created by factors I had not control over, like history and language.

Butler 2 (Judith Butler, Maxine Elliot Professor in the Department of Comparative Literature at UC Berkeley and the Program of Critical Theory, "Giving an Account of Oneself", Diacritics, Vol. 31, No. 4. (Winter, 2001), pp. 22-40, Online: http://www.jstor.org/stable/1566427 - MG) 
Founder = break down 
There are, then, several ways in which the
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one undergoes a decentering and "fails" to achieve self-identity.

Our understanding of identity and indeed all ethical judgements will always be marked by the inevitability of difference. Hagglund:

"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND
"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology
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is in the service of perpetrating the better." (46-48) 

analytic

analytic.

analytic

Outweighs – analytic

Given that the very constitutive nature of structures of recognition is precarity, to violate precarity is to undermine these structures of recognition that are the basis of ethics.

Thus, the standard and role of the ballot is respecting the precarity of identity.

Impact calc: analytic

Offense

Indigenous identity and heritage is tied to the land. To deny land is to deny the ability for Native Americans to perform their chosen idetntiy in a way that puts non-Indians in positions of less vulnerability.

Sandy Grande, 2004, Red Pedagogy Native American Social and Political Thought, Rowman and Littlefield Publishers
Finally, it needs to be understood that sovereignty is not a separatist discourse.
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, by the desires of a capitalist state intent on devouring the land.

The denial of a right to land has denied Native American's autonomy and placed them in exposure to a number of harms.

Jovana J. Brown, PhD, Her research centers on the participation of American Indian tribes in off-reservation environmental decision-making, and Lori Lambert, PhD, 2010, Blowing in the Wind: The Navajo Nation and Uranium, https://www.evergreen.edu/tribal/docs/blowinginthewindcasestudy.doc
After the uranium ore is mined, it is milled. This is the second
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they were the ones who answered the call. (Shirley, 2006)

And, not recognizing Native Americans as people whose injuries against them are ethically wrong outweigh under our framework. Grievability is necessary to apprehended the vulnerability in our ontology. Butler 3

~Judith. Frames of War: When Is Life Grievable? London: Verso, 2009. Print. End of intro pages 24-32.~
We read about lives lost and are often given the numbers, but these stories
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living being as living, exposed to non-life from the start."

Displacing Native Americans has historical roots in trying to rid them of their identity and forcing them to assimilate rather than recognize their alterity and precarity.

Sandy Grande, 2004, Red Pedagogy Native American Social and Political Thought, Rowman and Littlefield Publishers
At stake for the colonizers was not only the prospect of acquiring religious converts but
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from their homelands, discarded into the nebula of the American "otherness."

Thus, I advocate that the United States guarantee a right to housing for Native Americans by giving them back sacred sites.

James Anaya, 2012, NBCNews.com, UN Official: US Must Return Control of Sacred Lands to Native Americans.
The United States must do more to heal the wounds of indigenous peoples caused by more than a century of oppression, including restoring control over lands Native Americans consider to be sacred

Giving back the land is a form of housing.

United Nations Housing Rights Programme, 2005, Indigenous peoples' Right to Adequete Housing,
For Indigenous peoples, the right to housing can often include the right to maintain their attachment to their own country and to be housed ~in~ that country.

Only decolonization can solve other forms of oppression within settler culture.

Churchill, (Ward Churchill, I am Indigenist: Notes on the Ideology of the Fourth World, Acts of Rebellion: The Ward Churchill Reader, p. _)
Not only is it perfectly reasonable to assert that a restoration of native control over
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imposing a racist, sexist, classist, homophobic, militaristic order upon nonindians

Tournament: Berkeley | Round: 1 | Opponent: Peninsula JL | Judge: Jon OVering

Part one is the Topic

In contemporary LD, both historically and in the status quo students in round often encounter a restriction on their constitutionally protected free speech and the restriction they encounter is the invoking of topicality as a way of nullifying the in round and political significance of the AC
Thus, I propose an alternative resolution: Resolved: In LD debate, affirmative debaters may not defend topical advocacies in order to win.
There are nine implications:
analytic

Part two is the Framework

The oppressed must liberate themselves, first in the form of pedagogy
Friere 3|"PEDAGOGY of the OPPRESSED" (http://www.users.humboldt.edu/jwpowell/edreformFriere_pedagogy.pdf) A.B.
"It is only … methods of dehumanization" (65-67).'
The role of the ballot is to vote for the debater who advocates the best liberating dialogue

Part Three is the Advocacy

I defend that: Resolved: In LD debate, affirmative debaters may not defend topical advocacies as long as the AC and ballot story is a critique of norms in LD debate in order to win.
This advocacy functions the same under the alternative resolution just as a plan would under any other resolution. It is a specific way to implement or prove the resolution true.
This serves as an appropriate limitation on affirmatives because
Analytic
Analytic

Part four is the Offense

Topic Selection is grounded in privilege which results in making already marginalized identities in debate irrelevant

Warner, Ede. 2003 (Professor in the Communication department at University of Louisville, Go Homers, Makeovers or Takeovers? A Privilege Analysis of Debate as a Gaming Simulation, pg. 5) BD

Procedures for topic … issues they faced.

Listen to Shaniqua's story – status quo debate forces a normative method of engaging

Warner, Ede. 2003 (Professor in the Communication department at University of Louisville, Go Homers, Makeovers or Takeovers? A Privilege Analysis of Debate as a Gaming Simulation, pg. 7-8) BD

Shaniqua, an African … to truly exist. 

The only solution is to recognize our privileged debate training and embrace the possibility of both questioning and changing debate procedure

Warner, Ede. 2003 (Professor in the Communication department at University of Louisville, Go Homers, Makeovers or Takeovers? A Privilege Analysis of Debate as a Gaming Simulation, pg. 9-11) BD

The "obvious" solution … of the Gamemaster.
My advocacy requires that the aff is contesting an actual norm in debate which is
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previously excluded/ the debater bearing responsibility for the community they're a part of

Tournament:  | Round: 1 | Opponent:  | Judge:
512 743 9305