Cabot Lauderdale Aff
| Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
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| Clycone | 1 | Cabot Levi Grisham | idk |
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| North Little Rock- Wild Cat Classic | Octas | Keeton Orrell | NA |
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| North Little Rock- Wild Cat Classic | 1 | Nathan P James | NA |
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| Tournament | Round | Report |
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| Clycone | 1 | Opponent: Cabot Levi Grisham | Judge: idk 1AC- excessive force |
| North Little Rock- Wild Cat Classic | Octas | Opponent: Keeton Orrell | Judge: NA 1AC- Fem Jurisprudence |
| North Little Rock- Wild Cat Classic | 1 | Opponent: Nathan P James | Judge: NA 1AC- excessive force |
To modify or delete round reports, edit the associated round.
Cites
| Entry | Date |
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Civilian oversightTournament: North Little Rock- Wild Cat Classic | Round: 1 | Opponent: Nathan P James | Judge: NA Frame work.CPGovernments responsible for police officers should implement the Coalition Against Police Abuse proposal for civilian review which includes--establish "Loyal Opposition Policy Review Boards" for civilian oversight of police conduct, policy, and hiring/firing decisions-The boards should be: elected, paid, and independent of police agencies-The boards should have special investigators with unrestricted access to crime scenes and the power to subpoena police department personnel and records-The board should have authority over all claims of police misconduct including: assault, discrimination, infiltration of community groups, sexual harassment, false arrest, and misuse of force. The board should be able to mandate training or discipline for officers up to and including firing, protections for police whistleblowers, and mandate of municipal damages-Special city prosecutors should be appointed independent of the city attorney's office and the city council who handle all criminal cases against police officers and have full subpoena powers-staff should be hired on the basis of affirmative action policiesCRBs are a legitimate alternative to immunity reform- their decisions affect the 'clearly established' doctrine which solves the case without judicial changeMeltzer, JD, 14 The CP Solves the Case1. Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff's internal legal reform drives police misconduct underground- it's a trapAkbar, 15 – Assistant Professor of Law at Michael E. Moritz College of Law, the Ohio State University (Amna, "National Security's Broken Windows", UCLA Law Review, Vol. 62, pg. 834, May 2015, Lexis) 2. The aff attempts to improve regulation of INDIVIDUAL OFFICERS. The CP changes police culture as a whole. This reduces police opposition and rights violationsSeybold, 15 – JD Candidate (Steven D, "Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies," March 2015, Texas Law Review, Vol. 93, pg. 1029) 3. The CRB doesn't have to work- it creates a deterrent effectSeybold, 15 – JD Candidate (Steven D, "Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies," March 2015, Texas Law Review, Vol. 93, pg. 1029) 4. Civilian review is mutually exclusive and more efficient than court actionWeinbeck, 11 – JD Candidate William Mitchell College of Law (Michael P, "Watching the Watchmen: Lessons for Federal Law Enforcement from America's Cities," William Mitchell Law Review, Vol. 36, pg. 1306) The net benefit is Tech ShiftA. Absent established, oppositional civilian review police harassment will shift to technology based surveillance which avoids rights protectionsSeybold, 15 – JD Candidate (Steven D, "Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies," March 2015, Texas Law Review, Vol. 93, pg. 1029) B. Civil rights focus fails- it takes a black and white approach to police conduct that ensures resistance
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Excessive forceTournament: Clycone | Round: 1 | Opponent: Cabot Levi Grisham | Judge: idk Cont 1 is FrameworkThe starting point of government deliberation has to be the individual and how they relate to the social world around them. Rules only gain their force if they are open to public criticism. This means we need a procedural democracy that transcends the exact content of any moral rule. . Adorno:Adorno, Theodor. "Education after Auschwitz," Critical Model Government action is about the process of deliberation not finding an exact rule to follow in every circumstance. Generation of values requires the ability to speak out. . Singer 84Singer, Joseph William. "The player and the cards: nihilism and legal theory." The Yale Law Journal 94.1 (1984): 1-70. Part 2 – The Police StateQualified immunity reflects a culture of policing that justifies terrorizing black neighborhoods and lets police know they can get away with anything. Carter '15Tom Carter – WSWS Legal Correspondent, a lawyer (https://www.wsws.org/en/articles/2014/02/24/cart-f24.html). "US Supreme Court Expands Immunity for Killer Cops." Center for Research on Globalization. November 12, 2015. http://www.globalresearch.ca/us-supreme-court-expands-immunity-for-killer-cops/5488366 JJN Qualified immunity makes questions of civil rights irrelevant. It shuts down democratic debates about which rights we should value and prevents forms of activism that fight for legal recognition. There is zero difference between qualified immunity and absolute immunity. Hassel '99Diana Hassel - Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New JerseyNewark. "Living a Lie: The Cost of Qualified Immunity." Missouri Law Review. Winter 1999. http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3402andcontext=mlr JJN Excessive force is the worst manifestation of this form of structural violence – 4th amendment cases get shut down before they even have a chance. Jeffries '13Jeffries Jr, John C - David and Mary Harrison Distinguished Professor of Law, the University of Virginia. "The Liability Rule for Constitutional Torts." Virginia Law Review (2013): 207-270. Part 3 – advocacyThe Supreme Court of the United States will limit qualified immunity by altering the 'clearly established' element of qualified immunity to be merely whether it was unconstitutional in civil suits claiming a violation of the 4th amendment due to excessive force. Wright '15Sam Wright is a public interest lawyer who has spent his career exclusively in nonprofits and government. "Want to Fight Police Misconduct? Reform Qualified Immunity." Above the Law. November 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 JJN The AFF changes police behavior – lawsuits are used by departments to create reform and individuals know their behavior will be watched – they don't' even need to win the lawsuits. Schwartz 10Schwartz, Joanna. "What Police Learn from Lawsuits." Cardozo Law Review, 2010. http://law.stanford.edu/wp-content/uploads/sites/default/files/event/265497/media/slspublic/What_Police_Learn_From_Lawsuits.pdf**. SGK The AFF changes culture – it is a form of social condemnation that validates the claims of the survivor. Armacost 98
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Feminist JurisprudenceTournament: North Little Rock- Wild Cat Classic | Round: Octas | Opponent: Keeton Orrell | Judge: NA FrameworkThe value is feminism(Singh No Date) Ivy Singh, teaches Christian Theology at Serampore College. Serampore. "Feminism: Various Approaches and Its Values" http://biblicalstudies.org.uk/pdf/ijt/37-1_058.pdf Our advocacy is the affirmation of feminist jurisprudence - the insertion of the feminist perspective into the law is crucial for addressing societal discrimination and harms (Juergens 91) Ann Juergens - A.B., 1973, Harvard University J.D., 1976, University of Minnesota Law School Mitchell Hamline School of Law: professor of law, 2015-; co-director of clinical program, 2015-. William Mitchell College of Law: professor of law, 1994-2015; associate professor of law, 1992-1994; co-director of clinical program, 1989-2015; assistant professor of law, 1989-1992; clinic instructor, 1984-1989. Juergens, Ann, "Feminist Jurisprudence: Why Law Must Consider Women's Perspectives" (1991). Faculty Scholarship. Paper 111. http://open.mitchellhamline.edu/facsch/111 Rejection of the AFF is anti-feminism – to be complicit with the violence against women is to commit the same degree of violenceDworkin 83 Andrea Rita Dworkin (September 26, 1946 – April 9, 2005) was an American radical feminist and writer best known for her criticism of pornography, which she argued was linked to rape and other forms of violence against women. Although a radical, she said there was a need for liberals, but was widely criticized by liberal feminists. At the same time, she maintained a dialogue with political conservatives and wrote a topically-related book, Right-Wing Women. After suffering abuse from her first husband, she was introduced to radical feminist literature and began writing Woman Hating. Coming to New York, she became an activist on several issues and a writer, eventually publishing 10 books on feminism. During the late 1970s and 1980s, Dworkin became known as a spokeswoman for the feminist anti-pornography movement and for her writing on pornography and sexuality, particularly Pornography: Men Possessing Women (1981) and Intercourse (1987), which remain her two most widely known books. She wrote on pornography from a feminist perspective and in opposition to obscenity law, and she worked with Women Against Pornography and Linda Boreman. She considered the pornography industry to be based on turning women into objects for abuse by men. Dworkin and Catharine MacKinnon developed a legislative approach based on civil rights rather than obscenity to outlaw pornography and allow lawsuits against pornographers for damages, but their efforts were largely unsuccessful. She testified at a federal commission against pornography, leading some stores to withdraw certain magazines from sale, but a court ruled the government's efforts unconstitutional. Critics argued that no causal relationship between pornography and harm to women had been found. A Canadian court adapted parts of Dworkin and MacKinnon's theory on sex equality, although Dworkin opposed parts of the court's view. Some sex-positive feminists criticized Dworkin's views as censorious and as denying women's agency or choice in sexual relationships, leading to the so-called feminist sex wars. Gendered ViolenceAnd women's experiences of violence in the status quo are minimized by the current justice system And qualified immunity is a perfect example of a gender-neutral equality policy – the law permits an ignorance of the discrimination of women in domestic violence situationsHarper 90 Laura S. Harper, managing editor of Cornell Law Review (at time of publish) Battered Women Suing Police for Failure to Intervene: Viable Legal Avenues After Deshaney v. Winnibago County Department of Social Services , 75 Cornell L. Rev. 1392 (1990) Available at: http://scholarship.law.cornell.edu/clr/vol75/iss6/4 And qualified immunity tips the balance of power against battered women – gender neutral standards create an overwhelming burden against women involved in domestic violence incidentsHarper 90 Laura S. Harper, managing editor of Cornell Law Review (at time of publish) Battered Women Suing Police for Failure to Intervene: Viable Legal Avenues After Deshaney v. Winnibago County Department of Social Services , 75 Cornell L. Rev. 1392 (1990) Available at: http://scholarship.law.cornell.edu/clr/vol75/iss6/4 And qualified immunity is up(Blum, Chemerinsky and Schwartz 14) Karen Blum Suffolk University Law School Professor and Associate Dean, Erwin Chemerinsky University of California, Irvine School of Law Dean and Distinguished Professor of Law, Martin A. Schwartz Touro College – Jacob D. Fuchsberg Law Center Professor of Law. Touro Law Center Legal Studies Research Paper Series No. 14-32 ~and~ Suffolk University Law School Research Paper No. 14-26 Qualified Immunity Developments: Not Much Hope Left for Plaintiffs 29 Touro L. Rev. 633 (2013) Domestic assault can happen to anyone, but women are disproportionately affectedNational Coalition Against Domestic Violencen 11, http://ncadv.org/learn-more/statistics Thus we advocate for the United States to limit qualified immunity for police officers in cases of intimate partner violenceSolvencyDonning the robes of the feminist judge allows us to realize the heteronormative violence perpetuated by a male-dominated, patriarchial system- the role of the feminist is to be the judge(Fitz-gibbon and Maher 15) Dr. Kate Fitz-Gibbon is a Senior Lecturer in Criminology and a Honorary Research Fellow in the School of Law and Social Justice at University of Liverpool. JaneMaree has degrees in Law and Arts (Hons) (University of Melbourne 1991) and gained her PhD in 1999 (La Trobe University). Feminist Legal Studies23.3 (Nov 2015): 253-271. Limiting qualified immunity as an act of feminist legal scholarhip breaks the chain of citations which functions to reinscribe power while creating the illusion of law and mobilizing the fantasy of power- vote aff to break the cycle of violence(Fitz-gibbon and Maher 15) Dr. Kate Fitz-Gibbon is a Senior Lecturer in Criminology and a Honorary Research Fellow in the School of Law and Social Justice at University of Liverpool. JaneMaree has degrees in Law and Arts (Hons) (University of Melbourne 1991) and gained her PhD in 1999 (La Trobe University). Feminist Legal Studies23.3 (Nov 2015): 253-271. | 12/9/16 |
Open Source
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