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Cites
Entry
Date
0- Cites
Tournament: any | Round: 1 | Opponent: any | Judge: any If you want my cites, email me at kraphaelson2019@bwscampus.com, or facebook message me at Katie Raphaelson. You can also look at what my teammates' wikis for what I am reading
9/10/16
1- Ideal Theory K
Tournament: Golden Desert | Round: 3 | Opponent: Oakwood Secondary School - North Hollywood AO | Judge: Donald Fagan The affs approach to answering the question of “ought” presumes access that the black thinker does not have – The world is framed by white supremacy, and black ethical deliberation is censored in favor of abstract white philosophy. Curry ’13, (Curry, Tommy J. doctor in Associate Professor of Philosophy, Affiliated Professor of Africana Studies, Texas A and M University In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical. 2013.FT) Ought implies a…idea of ethics. The black thinker cannot ought to do something under a veil of morality given to use by the world framed by white supremacy. Morality is contingent upon black demise, so when we say we value morality, we are valuing a system of morality constituted by European anthropology that needs black death in order to survive. Their starting point cannot include our concerns. Ideal theory is a tool of exclusion by white academia. Mills: Mills, Charles Caribbean philosopher from Jamaica. He is known for his work in social and political philosophy, particularly in oppositional political theory as centered on class, gender, and race “Ideal Theory as Ideology” Hypatia, Volume 20 (Number 3). Summer 2005. FT Finally, consider the …the status quo.
The alternative is an anti-ethical paradigm - this situates normativity on a focus towards material lived experiences - vote neg to reject the colorblind mindset of the 1AC that only re-entrenches domination. Dr. Tommy J. Curry 13, 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", 2013 FT Anti-ethics; the …nigger-souls, is totalizing.
The role of the ballot is to vote for the debate who best discursively and methodologically challenges oppression. Each decision made by both debaters and judges matter – they perpetuate the exclusionary nature of debate – accessibility is a multiplier for all other impacts Smith ’13: (Elijah Smith. “A Conversation in Ruins: Race and Black Participation in Lincoln Douglas Debate.” Vbriefly. September 6, 2013FT) At every tournament …students cannot escape.
Performance is not just the aff’s post fiat policy – but the principle by which they engage the resolution. Vincent 2K13 Vincent, Christopher ’13 Re-Conceptualizing our Performances: Accountability in Lincoln Douglas Debate. Graduate Assistant for the University of Louisville Debate Team and Director of Debate at the James Graham Brown School in Louisville, KY. As a community …in those moments.
2/5/17
1- Interps
Tournament: lots of em | Round: Semis | Opponent: any | Judge: any The affirmative may only garner offense from topical arguments.
preempts: -perms spike -aff must defend removing restrictions on revenge porn -the neg may specify a speech category to restrict and protect other constitutionally-protected free speech if the neg has a solvency advocate that defends a restriction should be placed on some constitutionally protected speech.
2/19/17
1- TRIGGER WARNING
Tournament: any | Round: Finals | Opponent: any | Judge: any some of the cases in this wiki deal may deal with issues of rape, revenge porn, suicide, ect. Please email me or facebook me if these positions are at all triggering ! I'm happy to change my strat to make it a better round
2/5/17
JAN FEB- Hate Speech DA
Tournament: CPS | Round: 2 | Opponent: BASIS Independent EK | Judge: Salim Damerdji Current protections against hate speech are working – on campus harrassment is decreasing nationally now. Sutton 16 Sutton 16 Halley Sutton, Report shows crime on campus down across the country, Campus Security Report 13.4 (2016), 9/9/16,http://onlinelibrary.wiley.com/doi/10.1002/casr.30185/fullLADI
The aff’s trivialization of hate speech undermines our project against systemic racism and oppression as a whole. EVEN if you grant them their silencing impacts – that silencing is KEY to create a cultural shift. Watterson 91 (Kim M. Watterson, 'THE POWER OF WORDS: THE POWER OF ADVOCACY CHALLENGING THE POWER OF HATE SPEECH', 1991 by the University of Pittsburgh Law Review; Kim M. Watterson, 52 U. Pitt. L. Rev. 955 University of Pittsburgh Law Review Summer, 1991, JL)
Second, hate speech…will be strengthened.
It’s try or die for speech restrictions – leaving racism unaddressed will only make things worse, a proactive approach is key to solve. Garcia 10 (Garcia, Edelmira. "Perpetuating Racism Through The Freedom Of Speech." Center on Democracy in a Multiracial Society. Ch. 5. Pg. 79. 2010. Web. December 08, 2016. http://www.academia.edu/958890/Strategies_for_Achieving_Diversity_in_Urban_Planni ng_A_Case_Study_at_the_University_of_Illinois.)
Undoubtedly, there are…to do so.
Hate speech chills campus behavior – this turns AC impacts. Tsesis 10(Tsesis, Alexander. "Burning Crosses On Campus: University Hate Speech Codes." Connecticut Law Review 617. 2010. Web. December 05, 2016. http://lawecommons.luc.edu/facpubs/131/.)
Allowing students or…or instigate violence.
12/18/16
JAN FEB- Hate Speech PIC
Tournament: CPS | Round: 2 | Opponent: BASIS Independent EK | Judge: Salim Damerdji Counterplan text: Public colleges and universities ought not restrict any constitutionally protected speech except for hate speech. Lawrence bracketed is the solvency advocate Charles R. Lawrence III, “Crossburning and the Sound of Silence: Antisubordination Theory and the First Amendment,” 1992, http://digitalcommons.law.villanova.edu/cgi/viewcontent.cgi?article=2784andcontext=vlr
But there is…masters and slaves.
Competition: the counterplan competes both textually and functionally—you don’t restrict any speech, we restrict hate speech.
Net Benefits: Hate speech poses a direct threat to the oppressed. Banning it is necessary to promote inclusiveness. Jared Taylor summarizes Waldron, 12, Why We Should Ban “Hate Speech”, American Renaissance, summarizing Jeremy Waldron, The Harm in Hate Speech, Harvard University Press, 2012, 292 pp., 26.95. 8/24/12, http://www.amren.com/features/2012/08/why-we-should-ban-hate-speech/Note – Taylor does not agree with but is summarizing Waldron’s position
First-Amendment guarantees …drive out minorities.
Courts check—things like context solves for crowding out speech that’s productive to solve structural violence Arthur 11 (Joyce, Founder and Executive Director of the Abortion Rights Coalition of Canada, a national political pro-choice group, “The Limits of Free Speech,” Sep 21, 2011, https://rewire.news/article/2011/09/21/limits-free-speech-5/)
A common…that critiques it.
12/18/16
JAN FEB- Heg Good K
Tournament: VBT | Round: 1 | Opponent: West Ranch JW | Judge: Abbey Chapman The Aff has committed treason—at the top of the case, they have blatantly mocked what our soldiers do to protect our freedom and country. Their discourse not only contributes the injury and death of soldiers overseas, it also emboldens our enemies abroad by weakening American resolve. Their irresponsible criticism of our soldiers means the aff has blood on their hands.
Eyago (commenter on Sound Politics). Comment #88 on “London Terrorist Attack.” Sound Politics, Sound Commentary on Current Events in Seattle, Puget Sound and Washington State. July 8th, 2005. http:www.soundpolitics.com/archives/004721.html
Eyago 5
I am angry… is completely unconscionable.
Challenging the military’s supposed “ideological stronghold” on the military is EXACTLY the problem—distancing the academy from the military renders the military a pure abstraction in the eyes of academic elites. We must recognize that the US military is a force for good, and our soldiers truly protect freedom here and abroad.
Curt Weldon (American politician. He served as a Republican member of the United States House of Representatives from 1987 to 2007, representing the 7th district of Pennsylvania). “Liberty’s Duty to Defend Itself.” Notre Dame Journal of Law, Ethics, and Public Policy, Vol. 19, Issue 1. 2005. http:scholarship.law.nd.edu/cgi/viewcontent.cgi?article=1201andcontext=ndjlepp
Weldon 5
II. SUPPORT THE SPREAD… well-understood or respected.
The alternative is to endorse American military primacy—attempts to weaken US military dominance make the world a dangerous place
Thomas Wright (Brookings Institution fellow and director of the Project on International Order and Strategy, as well as a fellow in the Center on the United States and Europe, at the Brookings Institution. Previously, he was executive director of studies at the Chicago Council on Global Affairs, a lecturer at the Harris School of Public Policy at the University of Chicago, and senior researcher for the Princeton Project on National Security). “Should America Power Down?” The American Interest. August 14th, 2015. http:www.the-american-interest.com/2015/08/14/should-america-power-down/
Wright 15
Even if there …than he intended.
The role of the ballot is to facilitate civil-military relations. We could have had a productive debate about free speech, but the aff didn’t need to take shots at our soldiers—anti-soldier rhetoric is antithetical to debate’s educational potential. Debate should be a site of contestation against oppression, but that shouldn’t come at the expense of debaters who might one day enlist
Major Adam Scher (Assistant Professor of American Politics in the Department of Social Sciences at the United States Military Academy and has worked with inter-collegiate policy debate for 8 years. He graduated from West Point in 2004, and Columbia University’s School of International and Public Affairs in 2013. Adam deployed to Iraq from 2005-2006 and again from 2007-2008 with the 101st Airborne Division. He commanded a Stryker company in Kandahar, Afghanistan from 2010-2011. In 2015, he deployed with the 82nd Airborne Division to Baghdad, Iraq in support of Operation Inherent Resolve serving as the Iraqi Security Forces Development Officer). “Can College Debate Improve The Civil-Military Divide? Only If Both Sides Listen To Each Other.” The Havok Journal. January 22nd, 2016. http:havokjournal.com/nation/can-college-debate-improve-the-civil-military-divide/
Scher 16
As the officer …our diverse perspectives.
1/15/17
JAN FEB- Kant NC
Tournament: Golden Desert | Round: 3 | Opponent: Oakwood Secondary School - North Hollywood AO | Judge: Donald Fagan I value morality. To value any end, I must value the conditions necessary to will that end – independence is one of those conditions, since end-setting requires I be free from another’s control. Willing means I hold myself to be able to fulfill that end, which requires freedom. There can be no objection to deny another’s freedom since they possess the same right and that would deny my worth – resolving disputes via unilateral coercion is a contradiction. Korsgaard: Christine M. Korsgaard “Taking the Law into Our Own Hands: Kant on the Right to Revolution” Oxford University Press. 2008 Suppose we are…some lawful way.
Thus we must have an omnilateral will since it’s a contradiction by willing a world where the will is denied or clashing without resolution. All claims are provisional until brought under public right – only reciprocal coercion is consistent with freedom. Korsgaard 2: Christine M. Korsgaard “Taking the Law into Our Own Hands: Kant on the Right to Revolution” Oxford University Press. 2008 Now, with respect..a civil constitution. (MPJ 6:256)
The government can limit private speech – nuisances are a violation of the state’s obligation to provide public spaces. Ripstein 09 Arthur Ripstein, “Force and Freedom”. Harvard University Press, 2009 BWSWJ Blocking a road…use public spaces.
Thus the standard is consistency with the omnilateral will.
2/5/17
JAN FEB- Neolib DA
Tournament: CPS | Round: 6 | Opponent: Sunset RB | Judge: Xiang Yang The Constitution’s writing was undemocratic and made for economic elites – its emphasis on self-ownership as the basis of rights inscribes neoliberalism. Beard 13:Charles Beard (Associate professor of politics at Columbia University), “An Economic Interpretation of the Constitution of the United States”. 1913. http://thenewschoolhistory.org/wp-content/uploads/2014/07/Beard_An_Economic_Interpretation_of_the_Consti.pdf SF
The movement for...in their scope.
We have reached a tipping point – neoliberalism is no longer able to control its spiral into disaster. Massive structural violence and extinction are inevitable without a fundamental rethinking of the current system. Farbod 15 Faramarz Farbod (PhD Candidate @ Rutgers, Prof @ Moravian College), Monthly Review, http://mrzine.monthlyreview.org/2015/farbod020615.html, 6-2) LADI recut SF
Global capitalism is...of no return.
12/18/16
JAN FEB- Revenge Porn PIC
Tournament: Golden Desert | Round: 2 | Opponent: Green Valley SK | Judge: Kathy Bond Counterplan Text: “Public colleges and universities in the United States ought to expand the view of sexual violence violations to include revenge pornography as harassment and restrict it accordingly.” Berkeley is the solvency advocate. Berkeley Code of Conduct 12 UC Berkeley: Division of Student Affairs, 5-12-2012, "Code of Conduct," http://sa.berkeley.edu/code-of-conduct KR Making a video …speech or assembly.
Competition The counterplan competes through mutual exclusivity; the aff defends all constitutionally protected speech and revenge pornography is federally protected under the first amendment. ACLU v. Arizona gives the best precedent. Harrison 15: Anne Harrison (Student Writer for the Journal of Gender, Race and Justice), “Revenge Porn: Protected by the Constitution?” The Journal of Gender, Race and Justice. Vol 18. February 2015. https://jgrj.law.uiowa.edu/article/revenge-porn-protected-constitution SF
Because the anti-revenge-porn…and historical images.”
Net Benefit 1 is Defining Violence Explicitly defining the multivariable “violence” towards women displaces existing vague norms – this is key to structurally protecting college women. Rennison and Addington 2:
As noted previously…and offender relationship.
Stalking is an under examined aspect of gender violence that disproportionately affects college-aged women. Rennsion and Addington 3:
Stalking constitutes a …of college students.
Revenge porn is the Internet evolution of stalking and begets real stalking. It is constitutively psychological harassment. Robertson 15: Hope Robertson (3L student at Campbell Law School), “The Criminalization of Revenge Porn” Campbell Law Observer. July 21, 2015. http://campbelllawobserver.com/the-criminalization-of-revenge-porn/ SF
With the advancement…on the websites.
Broad societal views of violence pave over the severity of stalking. College women have no reassurance in school or state institutions, so this violence goes unheard. Rennison and Addington 4:
(WATCH FOR THIS) AND, colleges can broaden their views to include stalking. UNLV is an example Restrictions are possible- proven by UNLV (where we are right now) UNLV 15 University Of Nevada, Las Vegas, 2015, "Forms and Policies," Unlv Web Communications, https://www.unlv.edu/studentconduct/forms KR The following acts… not imply consent
Net Benefit 2 is The Counter Public Don’t let them say free speech good; discursive objectification of women on college campuses, like revenge pornography, takes away their speech. Turns case. Pinar 12: William F. Pinar (American educator, curriculum theorist and international studies scholar; has taught at LSU, Colgate, Columbia, and Ohio State), “The Gender of Violence on Campus” Published in Gendered Futures in Higher Education: Critical Perspectives for Change. Edited by Becky Ropers-Huilman. Feb 1, 2012. SUNY Press SF
The culture of…more stupid questions.”
2/4/17
JAN FEB- T Any
Tournament: VBT | Round: 1 | Opponent: West Ranch JW | Judge: Abbey Chapman A. Interpretation – Any specifies the scope of speech, thus the aff is required to defend that all constitutionally protected speech be allowed on college campus – and cannot specify to a type of or specific speech restriction. The Cambridge Dictionary defines any: http://dictionary.cambridge.org/us/grammar/british-grammar/quantifiers/any We use any …in the dishwasher. (+ plural noun) analytic B. Violation – C. Standards a. Field Context: Any is all-inclusive – that’s circuit court precedent. Fourth Circuit Judge Francis Dominic Murnaghan in US v Atkins United States v. Atkins, 872 F.2d 94, 96 (4th Cir.1989), “OPINION: *95 Murnaghan”, Circuit Judge, http:mtweb.mtsu.edu/cewillis/Hermeneutics/US20v20Atkins.pdf BWSWJ Murnaghan Thus, considering the …should be affirmed. analytic b. Ground – analytic more analytics!
1/15/17
JANFEB- Revenge Porn PIC v2
Tournament: Berkeley | Round: 1 | Opponent: Harvard Westlake AbGa | Judge: Panny Shan ACLU v. Arizona gives the best precedent. Harrison 15: Anne Harrison (Student Writer for the Journal of Gender, Race and Justice), “Revenge Porn: Protected by the Constitution?” The Journal of Gender, Race and Justice. Vol 18. February 2015. https://jgrj.law.uiowa.edu/article/revenge-porn-protected-constitution SF
Because the anti… and historical images.” Revenge porn is the Internet evolution of stalking and begets real stalking. It is constitutively psychological harassment. Robertson 15: Hope Robertson (3L student at Campbell Law School), “The Criminalization of Revenge Porn” Campbell Law Observer. July 21, 2015. http://campbelllawobserver.com/the-criminalization-of-revenge-porn/ SF
With the advancement…on the websites. Revenge Pornography is inherently sexist – there is no debate. Filipovic 13: Jill Filipovic (Journalist) “’Revenge Porn’ Is About Degrading Women Sexually and Professionally.” The Guardian, 2013. Accessed 11/10/14. http://www.theguardian.com/commentisfree/2013/jan/28/revenge-porn-degrades-women SF
Society sees it…and harming them. Don’t let them say free speech good; discursive objectification of women on college campuses takes away their speech. Turns case. Pinar 12: William F. Pinar (American educator, curriculum theorist and international studies scholar; has taught at LSU, Colgate, Columbia, and Ohio State), “The Gender of Violence on Campus” Published in Gendered Futures in Higher Education: Critical Perspectives for Change. Edited by Becky Ropers-Huilman. Feb 1, 2012. SUNY Press SF
The culture of…more stupid questions.
Women speech on sexual violence is silenced through a false dualism of private and public spheres. A safe internet is a radical counter public where the violence faced by women can be heard and responded to – leads to larger societal spillover. Salter 13: Michael Salter (lecturer in criminology at the university of western sydney), “Justice and revenge in online counter-publics: Emerging responses to sexual violence in the age of social media.” July 11, 2013. SAGE Journals. http://journals.sagepub.com/doi/full/10.1177/1741659013493918 SF In liberal democracies… networks and activists.
2/19/17
JANFEB- Revenge Porn PIC v2
Tournament: Golden Desert | Round: 6 | Opponent: Harvard Westlake AM | Judge: Ashan Peris “Public colleges and universities in the United States ought to expand the view of sexual violence violations to include revenge pornography as harassment and restrict it accordingly.” To clarify, public colleges and universities ought not restrict any constitutionally protected speech except revenge porn. Rennison and Addington 14 is the solvency advocate: Callie Rennison (associate professor in the School of Public Affairs at the University of Colorado Denver) and Lynn Addington (associate professor in the Department of Justice, Law and Criminology, School of Public Affairs at American University in Washington, DC), “Violence Against College Women: A Review to Identify Limitations in Defining the Problem and Inform Future Research” Trauma, Violence, and Abuse. July 2014. Vol. 15, no. 3. Pgs. 159-169. http://tva.sagepub.com/content/15/3/159.full#sec-11 SF
The current violence…significant emotional harm). The counterplan competes through mutual exclusivity; the aff defends all constitutionally protected speech and revenge pornography is federally protected under the first amendment. ACLU v. Arizona gives the best precedent. Harrison 15: Anne Harrison (Student Writer for the Journal of Gender, Race and Justice), “Revenge Porn: Protected by the Constitution?” The Journal of Gender, Race and Justice. Vol 18. February 2015. https://jgrj.law.uiowa.edu/article/revenge-porn-protected-constitution SF
Because the anti…, and historical images.” Revenge porn is the Internet evolution of stalking and begets real stalking. It is constitutively psychological harassment. Robertson 15: Hope Robertson (3L student at Campbell Law School), “The Criminalization of Revenge Porn” Campbell Law Observer. July 21, 2015. http://campbelllawobserver.com/the-criminalization-of-revenge-porn/ SF
With the advancement..on the websites. Revenge Pornography is inherently sexist – there is no debate. Filipovic 13: Jill Filipovic (Journalist) “’Revenge Porn’ Is About Degrading Women Sexually and Professionally.” The Guardian, 2013. Accessed 11/10/14. http://www.theguardian.com/commentisfree/2013/jan/28/revenge-porn-degrades-women SF
Society sees it…and harming them. Don’t let them say free speech good; discursive objectification of women on college campuses takes away their speech. Turns case. Pinar 12: William F. Pinar (American educator, curriculum theorist and international studies scholar; has taught at LSU, Colgate, Columbia, and Ohio State), “The Gender of Violence on Campus” Published in Gendered Futures in Higher Education: Critical Perspectives for Change. Edited by Becky Ropers-Huilman. Feb 1, 2012. SUNY Press SF
The culture of…more stupid questions.
Women speech on sexual violence is silenced through a false dualism of private and public spheres. A safe internet is a radical counter public where the violence faced by women can be heard and responded to – leads to larger societal spillover. Salter 13: Michael Salter (lecturer in criminology at the university of western sydney), “Justice and revenge in online counter-publics: Emerging responses to sexual violence in the age of social media.” July 11, 2013. SAGE Journals. http://journals.sagepub.com/doi/full/10.1177/1741659013493918 SF In liberal democracies… networks and activists.
2/19/17
NOV DEC- Crime DA
Tournament: Damus | Round: 1 | Opponent: Loyola BJ | Judge: Jeremy Rosen Crime is at an all time law, and has been steadily falling. Brook and Roeder ’15 Lauren-Brook Eisen, Olivery Roerder; “America’s Faulty Perception of Crime Rates;” Brennan Center for Justice at New York Univeristy School of Law; March 16, 2015 Today, the national ... decreased alcohol consumption.
Threat of litigation causes paralyzed police action. Homer C. Hawkins (Associate Professor, School of Criminal Justice, Michigan State University) and Catherine Montsinger (Assistant Professor, Criminology, Johnson C. Smith University). “Po- lice and Civil Liability: A Practical Guide to Avoiding Litigation.” Law Enforcement Executive Fo- rum • 2007 • 7(1). Litigaphobia, also referred ... litigation may present.
Threat of litigation is high and harms police morale. Rosen ‘05 Michael M. Rosen (Attorney in San Diego at Fish and Richardson PC, an intellectual property law firm; JD, Harvard Law). “A Qualified Defense: In Support of the Doctrine of Qualified Immunity in Excessive Force Cases, With Some Suggestions for its Improvement.” 35 Golden Gate U. L. Rev. (2005). This effect dovetails ... of dangerous suspects.
Litigation prevents police from upholding the law. Boutwell ‘79 Paul Boutwell (Special Agent, Legal Counsel Division, Federal Bureau of Investigation). “Qual- ified Immunity of Law Enforcement Officiais.” FBI Law Enforcement Bulletin. January 1979. There is no ... by nothing less.
Studies show police perceive litigation as hindering job performance Ferdik ‘13 Frank V. Ferdik (Department of Criminology and Criminal Justice; University of South Carolina). “Perception is Reality: A Qualitative Approach to Understanding Police Officer Views on Civil Liability.” Working Paper No 49, August 2013. Civil litigation against ... perform their function.
Wills and Quail ’06 John Wills,Jeff Quail; “The Emerging Trend of Criminal Complacency;” Officer.com; November 6, 2006 "Litigaphobia," the irrational ... in their behavior.
Crime inherently causes poverty- multiple levels to solve for. Lippman, ‘91. (Theo, author of Spiro Agnew’s America and Editor at the Baltimore Sun. March 30, 1991.) DOA: 7/6/15. BALTIMORE SUN. “Poverty Doesn’t cause crime. Crime Causes Poverty.” POVERTY DOESN'T cause ... or replacing property."
Poverty is the deadliest form of structural violence – it is equivalent to an ongoing nuclear war. Gilligan, 96’ James, Former Director of Mental Health for the Massachusetts Prison System, Violence, p. JW In other words ... throughout the world.
11/20/16
NOV DEC- Hollow Hope DA
Tournament: Glenbrooks | Round: 2 | Opponent: Cypress Woods LC | Judge: Daniel Alessandro Supreme Court has retreated from protecting minority rights now. EHRENHAFT 12 bracketed for clarity PETER D. EHRENHAFT, 2012 (Senior Counsel, Harkins Cunningham, LLP, Wake Forest Journal of Law and Policy, Spring 2012, “WHAT WOULD WARREN SAY NOW--CAN BROWN AND BAKER BE RECONCILED?” 2 Wake Forest J. L. and Pol'y 321, Lexis/Nexis, rwg)
More than a...was all about. n13
Litigation deflects attention for other strategies of social change that are more effective at solving the case—this turns their case and then some. Van Schaack 04 Van Schaack, 2004 Assistant Prof. of Law @ Santa Clara University School of Law, Vanderbilt Law Review, November, 2004, (Beth, 57 Vand. L. Rev. 2305; Lexis, rwg)
Although litigation can...the targeted country.
Courts cause backlash against social movements: turning the case. Kostiner 03 Idit Kostiner, 2003, Jurisprudence and Social Policy Program, University of California, 2003 “Evaluating Legality: Toward a Cultural Approach to the Study of Law and Social Change”, June, http://www.blackwell synergy.com/doi/full/10.1111/1540-5893.3702006, rwg
Following Scheingold's argument...for social reform.
Courts demobilize social protest. Patterson 01 James T. Patterson, 2001 Ford Foundation Professor of History, Brown University, 2001 “The Troubled Legacy of Brown v. Board,” http://wwics.si.edu/topics/pubs/ACF236.pdf
It is the...forth concrete gains.
11/20/16
NOV DEC- Racial Profiling CP
Tournament: Glenbrooks | Round: 3 | Opponent: McDowell ZL | Judge: Megan Nubel Counterplan text: The United States ought to get rid of racial profiling. Competes through net benefits. Solves the aff – no racial profiling means there’s no racism implicit in police action. Limiting qualified immunity does nothing to solve the problem.
Limit liability only in cases where there’s no racial bias. Capers ‘11 (I. Bennett Capers is the Stanley A. August Professor of Law at Brooklyn Law School B.A., Princeton University J.D., Columbia University School of Law. Prior to joining Brooklyn Law School, he taught at Hofstra University School of Law, where he served as Associate Dean of Faculty Development in 2010-11, and where he received the 2006-07 Teacher of the Year Award and the 2009 Lawrence A. Stessin Prize for Outstanding Scholarly Publication, “Rethinking the Fourth Amendment: Race, Citizenship, and the Equality Principle”, Harvard Civil Rights-Civil Liberties Law Review, Winter 2011)
Given that the...of equal citizenship.
11/20/16
NOV DEC- Rights Innovation DA
Tournament: Glenbrooks | Round: 3 | Opponent: McDowell ZL | Judge: Megan Nubel Qualified immunity facilitates the evolution of rights- successful suits cause courts to restrict rights. Pittman 12. Nathan R. Pittman, JD Candidate, 2012, “Unintentional Levels of Force in § 1983 Excessive Force Claims,” William and Mary Law Review, May, 53 Wm. and Mary L. Rev. 2107, p. 2128
Another criticism leveled...of current law.
Qualified immunity necessary to encourage constitutional innovation. Jeffries 99 John C. Jeffries, Jr., Law Professor, University of Virginia, 1999, “The Right-Remedy Gap in Constitutional Law,” Yale Law Journal, 109 Yale L. J. 87, p. 104-5
In itself, the...and future right.
Qualified immunity cases are key. Jeffries 99. John C. Jeffries, Jr., Law Professor, University of Virginia, 1999, “The Right-Remedy Gap in Constitutional Law,” Yale Law Journal, 109 Yale L. J. 87, p. 104-5
For present purposes...of constitutional change.
Ending QI would kill movements for racial equality – We wouldn’t have school desegregation if damages were possible. Jeffries 99. John C. Jeffries, Jr., Law Professor, University of Virginia, 1999, “The Right-Remedy Gap in Constitutional Law,” Yale Law Journal, 109 Yale L. J. 87, p. 104-5
I know of...come out differently.
11/20/16
NOV DEC- Sovereign CP
Tournament: Damus | Round: 1 | Opponent: Loyola BJ | Judge: Jeremy Rosen Susan Bendlin, Assistant Professor at Barry University School of Law, “Qualified Immunity: Protecting “All but the Plainly Incompetent” (And Maybe Some of Them, Too),” John Marshall Law Review, Vol. 45, 2012. The doctrine of...immunity at all.””
Text-The United States ought to keep qualified immunity but ban Sovereign immunity
Solvency advocate: Chemerinsky, Erwin. “Against Sovereign Immunity.” Stanford Law Review, vol. 53, no. 5, 2001, pp. 1201–1224. www.jstor.org/stable/1229540.
In recent years...the Supreme Court.
Competition -
Mutually exclusive - The aff limits qualified immunity i keep it
Net benefits: Sovereign immunity is unconstitutional Chemerinsky, Erwin. “Against Sovereign Immunity.” Stanford Law Review, vol. 53, no. 5, 2001, pp. 1201–1224. www.jstor.org/stable/1229540. A. The doctrine is...bar suits against
B. Sovereign immunity ban would allow for better government accountability Chemerinsky, Erwin. "Against Sovereign Immunity." Stanford Law Review 53.5 (2001): 1201-224. Web.
I believe that...with the law
C. And judicial activism solves for oppression Too much of...more judicial activism.
Allowing for people to hold governments accountable will mean that judicial activism can occur and solve for the disparities of marginalized groups USSC 16 Supreme court of the United States: October 21, 2016 https://www.supremecourt.gov/about/constitutional.aspx And the Supreme Court solves better for oppression by uniquely setting precedent according to cases that arise and also stop majority rule. It is available it just needs to be utilized
"EQUAL JUSTICE UNDER...of human affairs."
D. Limiting qualified immunity creates a ruse of solvency by failing to address the root cause of structural violence Suits are very limited in encouraging systematic reform
Rachel A. Harmon, Professor-University of Virginia School off Law, 2009, “Promoting Civil Rights Through Proactive Policing Reform,” Stanford Law Review, 62 Stan. L. Rev. 1, p. 9-10 Successful § 1983 suits...encouraging institutional reform.
11/6/16
NOV DEC-Legal Realsim K
Tournament: Glenbrooks | Round: 2 | Opponent: Cypress Woods LC | Judge: Daniel Alessandro Any possibility of progress through the rule of law invests in a myth. The law is not neutral but inherently political; acceptance of the rule of law makes you complicit in the state’s oppression. Hasnas 95 John Hasnas (associate professor, McDonough School of Business, Georgetown University). “The Myth of the Rule of Law.” Wisconsin Law Review. 1995. http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm
In his novel...rule of law.
Ignoring the rule of law’s violent underside fuels Western imperialism and the violence that comes with it. Dossa 99 Shiraz, Department of Political Science, St. Francis Xavier University, Antigonish, Nova Scotia, “Liberal Legalism: Law, Culture and Identity,” The European Legacy, Vol. 4, No. 3, pp. 73-87,1
Law's imperial reach...the native Other.
The alternate is embracing law’s indeterminacy. The rule of law only has coercive power when people think it objectively protects them. Objective law is a paradox with subjective application. Hasnas 95 John Hasnas (associate professor, McDonough School of Business, Georgetown University). “The Myth of the Rule of Law.” Wisconsin Law Review. 1995. http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm
Let us assume...the particular case.
The role of the ballot is to endorse the discourse that most authentically represents underlying power –micropolitics are key to real, macro change while fiat removes the self from our discussion. Nayar 99 bracketed for ableist language Jayan Nayar (School of Law, University of Warwick), Transnat'l L. and Contemp. Probs. 599, Fall, 1999 SF
