Tournament: Alta | Round: 1 | Opponent: Summit Academy JE | Judge: Melissa Weiner
Generic
1NC Util 

The standard should be preserving human life

Epistemic modesty breaks any tie and answers all AC pre-empts 

Nick Bostrom, Existential Risk Prevention as a Global Priority, 2012.  NS

These reflections on moral uncertainty suggest an alternative, complementary way of looking at existential risk. Let me elaborate. Our present understanding of axiology might well be confused. We may not now know—at least not in concrete detail—what outcomes would count as a big win for humanity; we might not even yet be able to imagine the best ends of our journey. If we are indeed profoundly uncertain about our ultimate aims, then we should recognize that there is a great option value in preserving—and ideally improving—our ability to recognize value and to steer the future accordingly. Ensuring that there will be a future version of humanity with great powers and a propensity to use them wisely is plausibly the best way available to us to increase the probability that the future will contain a lot of value.

Extinction justifies moral loopholes
Bok, 1988  (Sissela Bok, Professor of Philosophy, Brandeis, Applied Ethics and Ethical Theory, Ed. David Rosenthal and Fudlou Shehadi, 1988)
The same argument can be made for Kant’s other formulations of the Categorical Imperative: “So act as to use humanity, both in your own person and in the person of every other, always at the same time as an end, never simply as a means”; and “So act as if you were always through actions a law-making member in a universal Kingdom of Ends.” No one with a concern for humanity could consistently will to risk eliminating humanity in the person of himself and every other or to risk the death of all members in a universal Kingdom of Ends for the sake of justice.  To risk their collective death for the sake of following one’s conscience would be, as Rawls said, “irrational, crazy.”  And to say that one did not intend such a catastrophe, but that one merely failed to stop other persons from bringing it about would be beside the point when the end of the world was at stake.  For although it is true that we cannot be held responsible for most of the wrongs that others commit, the Latin maxim presents a case where we would have to take such a responsibility seriously—perhaps to the point of deceiving, bribing, even killing an innocent person, in order that the world not perish.

Our Offense 

1. Science proves non util ethics are impossible and our version of util solves all aff offense
   Greene 10 – Joshua, Associate Professor of Social science in the Department of Psychology at Harvard University
   (The Secret Joke of Kant’s Soul published in Moral Psychology: Historical and Contemporary Readings, accessed: www.fed.cuhk.edu.hk/lchang/material/Evolutionary/Developmental/Greene-KantSoul.pdf)
   What turn-of-the-millennium science is telling us is that human moral judgment is not a pristine rational enterprise, that our moral judgments are driven by a hodgepodge of emotional dispositions, which themselves were shaped by a hodgepodge of evolutionary forces, both biological and cultural. Because of this, it is exceedingly unlikely that there is any rationally coherent normative moral theory that can accommodate our moral intuitions. Moreover, anyone who claims to have such a theory, or even part of one, almost certainly doesn't. Instead, what that person probably has is a moral rationalization. It seems then, that we have somehow crossed the infamous "is"-"ought" divide. How did this happen? Didn't Hume (Hume, 1978) and Moore (Moore, 1966) warn us against trying to derive an "ought" from and "is?" How did we go from descriptive scientific theories concerning moral psychology to skepticism about a whole class of normative moral theories? The answer is that we did not, as Hume and Moore anticipated, attempt to derive an "ought" from and "is." That is, our method has been inductive rather than deductive. We have inferred on the basis of the available evidence that the phenomenon of rationalist deontological philosophy is best explained as a rationalization of evolved emotional intuition (Harman, 1977). Missing the Deontological Point I suspect that rationalist deontologists will remain unmoved by the arguments presented here. Instead, I suspect, they will insist that I have simply misunderstood what Kant and like-minded deontologists are all about. Deontology, they will say, isn't about this intuition or that intuition. It's not defined by its normative differences with consequentialism. Rather, deontology is about taking humanity seriously. Above all else, it's about respect for persons. It's about treating others as fellow rational creatures rather than as mere objects, about acting for reasons rational beings can share. And so on (Korsgaard, 1996a; Korsgaard, 1996b). This is, no doubt, how many deontologists see deontology. But this insider's view, as I've suggested, may be misleading. The problem, more specifically, is that it defines deontology in terms of values that are not distinctively deontological, though they may appear to be from the inside. Consider the following analogy with religion. When one asks a religious person to explain the essence of his religion, one often gets an answer like this: "It's about love, really. It's about looking out for other people, looking beyond oneself. It's about community, being part of something larger than oneself." This sort of answer accurately captures the phenomenology of many people's religion, but it's nevertheless inadequate for distinguishing religion from other things. This is because many, if not most, non-religious people aspire to love deeply, look out for other people, avoid self-absorption, have a sense of a community, and be connected to things larger than themselves. In other words, secular humanists and atheists can assent to most of what many religious people think religion is all about. From a secular humanist's point of view, in contrast, what's distinctive about religion is its commitment to the existence of supernatural entities as well as formal religious institutions and doctrines. And they're right. These things really do distinguish religious from non-religious practices, though they may appear to be secondary to many people operating from within a religious point of view. In the same way, I believe that most of the standard deontological/Kantian self-characterizatons fail to distinguish deontology from other approaches to ethics. (See also Kagan (Kagan, 1997, pp. 70-78.) on the difficulty of defining deontology.) It seems to me that consequentialists, as much as anyone else, have respect for persons, are against treating people as mere objects, wish to act for reasons that rational creatures can share, etc. A consequentialist respects other persons, and refrains from treating them as mere objects, by counting every person's well-being in the decision-making process. Likewise, a consequentialist attempts to act according to reasons that rational creatures can share by acting according to principles that give equal weight to everyone's interests, i.e. that are impartial. This is not to say that consequentialists and deontologists don't differ. They do. It's just that the real differences may not be what deontologists often take them to be. What, then, distinguishes deontology from other kinds of moral thought? A good strategy for answering this question is to start with concrete disagreements between deontologists and others (such as consequentialists) and then work backward in search of deeper principles. This is what I've attempted to do with the trolley and footbridge cases, and other instances in which deontologists and consequentialists disagree. If you ask a deontologically-minded person why it's wrong to push someone in front of speeding trolley in order to save five others, you will get characteristically deontological answers. Some will be tautological: "Because it's murder!" Others will be more sophisticated: "The ends don't justify the means." "You have to respect people's rights." But, as we know, these answers don't really explain anything, because if you give the same people (on different occasions) the trolley case or the loop case (See above), they'll make the opposite judgment, even though their initial explanation concerning the footbridge case applies equally well to one or both of these cases. Talk about rights, respect for persons, and reasons we can share are natural attempts to explain, in "cognitive" terms, what we feel when we find ourselves having emotionally driven intuitions that are odds with the cold calculus of consequentialism. Although these explanations are inevitably incomplete, there seems to be "something deeply right" about them because they give voice to powerful moral emotions. But, as with many religious people's accounts of what's essential to religion, they don't really explain what's distinctive about the philosophy in question. 

2. Uncertainty and social contract require governments use util
Gooden, 1995  (Robert, philsopher at the Research School of the Social Sciences, Utilitarianism as Public Philosophy. P. 62-63)
Consider, first, the argument from necessity.  Public officials are obliged to make their choices under uncertainty, and uncertainty of a very special sort at that.  All choices—public and private alike—are made under some degree of uncertainty, of course.  But in the nature of things, private individuals will usually have more complete information on the peculiarities of their own circumstances and on the ramifications that alternative possible choices might have on them.  Public officials, in contrast, are relatively poorly informed as to the effects that their choices will have on individuals, one by one.  What they typically do know are generalities: averages and aggregates.  They know what will happen most often to most people as a result of their various possible choices.  But that is all.  That is enough to allow public policy-makers to use the utilitarian calculus—if they want to use it at all—to choose general rules of conduct.  Knowing aggregates and averages, they can proceed to calculate the utility payoffs from adopting each alternative possible general rules.
1NC

Governments 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 policies 

CRBs are a legitimate alternative to immunity reform- their decisions affect the ‘clearly established’ doctrine which solves the case without judicial change
Meltzer, JD, 14
(Ryan E., Texas LR 92: 1277 Qualified Immunity and Constitutional-Norm Generation in the Post-Saucier Era: “Clearly Establishing” the Law Through Civilian Oversight of Police)
In the course of investigating discrete incidents of alleged police misconduct, civilian external investigatory bodies engage in fact-finding and identification and application of governing legal standards in much the same way as a court assesses a motion to suppress evidence or a § 1983 claim alleging a deprivation of constitutional rights.31 More importantly, these bodies constantly encounter novel factual scenarios, particularly ones implicating the Fourth Amendment,32 such that their findings epitomize the sort of fact-specific guidance endorsed by the Court.33 Further, to the extent that they are empowered to make policy recommendations to the police departments they oversee, civilian external investigatory bodies also resemble compliance agencies like the U.S. Department of Justice (DOJ), whose advisory reports have helped to provide the sort of “notice” required to overcome an official’s qualified immunity.34 Consequently, the Court’s qualified immunity jurisprudence appears to permit the findings of such bodies to contribute to the clearly-established-law analysis. At present, however, the work of civilian external investigatory bodies—work that produces a wealth of valuable information and often confronts constitutional questions that might otherwise escape formal adjudication— is largely divorced from that of the courts.35 This state of affairs represents a costly missed opportunity, especially in the wake of Pearson. (1281-2)

The CP Solves the Case 

1. Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff’s internal legal reform drives police misconduct underground- it’s a trap
   Akbar, 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)
   This Article has attempted to identify the problems with community engagement and counterradicalization in the national security context, drawing from the critiques of community policing and broken windows in the ordinary criminal context. The canvas for this critical engagement was limited insofar as  *906  Muslim communities' experiences in these programs have been largely sheltered from public view. Harvesting those experiences is no doubt essential to understanding the possibilities and limitations of these programs. This Article provided a sketch of the problems lurking near the surface - that is left to future work.
   Is community engagement salvageable? Moving community engagement toward its most democratic aspirations - toward a more genuine exercise in community consultation, contestation, and collaboration - would involve ridding the program of its pernicious baggage. For example, law enforcement could end community engagement's integration with community-wide intelligence gathering, or could decouple community engagement from CVE and counterradicalization.
   Certainly there are strong normative reasons, including those that motivate this Article, to expect and demand that law enforcement account for the realities of marginalized communities. But we cannot expect that dialogue will necessarily lead to accountability, meaningful contestation, or realignment of police approaches in marginalized communities. After all, law enforcement is itself a significant vehicle for marginalization and racialization in the United States. It is reasonable to question whether community policing - or policing at all - can be expected to be the vehicle for the change we are seeking. The problem and the solution may be entirely mismatched.
   The allure of community policing rests in part on a broader construct of dialogue as inherently valuable. While dialogue can certainly be valuable, its value will depend on the context and the point of view from which it is being evaluated. Dialogue often serves a different function for the more powerful in the conversation than the less powerful. The idea that dialogue is the cure-all for poor relationships between police and marginalized communities emerges from a failure to recognize the structures and histories of police impunity in these communities, as well as the material realities that keep inequality in place. When the dialogue in question is with the police, initiated by the police, and on the police's own terms, not only is the function of the dialogue necessarily limited, the entire initiative should raise red flags. How will the dialogue change the material reality of policing in the community? Does the dialogue further exacerbate inequality or simply validate preexisting policing practices through the performance of democratic legitimacy? Or is it really allowing for messy democratic contestation, and the possibility for change in the material conditions of the relationship between the police and the marginalized?
   For community policing to be an effective tool in changing the relationship between the marginalized and law enforcement, marginalized communities cannot simply be offered a seat at the table to participate in preconceived policing  *907  programs. They must have the political power to hold police accountable. For community policing mechanisms to offer potential for real change to marginalized communities, communities must build capacity and political power to demand accountability. So while we might advocate for law enforcement to engage marginalized communities, we cannot rely on law enforcement initiatives to recalibrate relationships long rife with deep inequality. The pressure for meaningful change must come from outside, from the communities themselves organizing for change. n325

2. Civilian review is mutually exclusive and more efficient than court action
Weinbeck, 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)
A police department's internal affairs unit, operating on its own, lacks the credibility to conduct an independent investigation that is satisfactory to the community. n50 Minneapolis city council members, in an attempt to assuage community members and preserve their own political futures, established the city's review authority. n51 In theory, at least, a system of civilian oversight inserts into the police investigation process a watchman without allegiance to the police who will ensure that the investigation is conducted without bias. n52 This, in turn, generally supports a perception by the community that its police department is operating with a proper respect for individual rights. n53 As a result, a greater level of trust develops between the police and the *1315 community that ultimately greases the cogs of crime detection and prevention. n54 There are other benefits that municipalities enjoy when establishing a system of citizen oversight. Chief among them is the political coverage that the city's elected officials receive when establishing the agency. n55 For example, the Minneapolis Civilian Police Review Authority came into being in 1990 after police officers identified the wrong house in a drug raid. n56 During the course of the botched raid, the police killed an elderly couple who lived in the house. n57 In another episode not long after, the Minneapolis Police Department broke up a peaceful party of college-aged African Americans at a Minneapolis hotel. n58 In response to both incidents, outraged community members engaged in vehement and highly publicized demonstrations. n59 Besides providing a measure of political coverage, citizen oversight may also operate as a mechanism for saving cities money. n60 Wronged citizens, instead of bringing their grievances to court, enter the civilian oversight system where they may achieve redress that ends up costing the city nothing more than the administrative costs of the investigation. n61

Shell

The US is currently holding terrorists at bay through security tactics that go under the public radar and require extreme efficiency. Atkins 11/17 

Doug Atkins writer and contributor to boston globe Nov 17, 2016 Terror at Home: We Are Smarter Than We Think https://ivn.us/2016/11/17/winning-war-terror/

Fear mongering media outlets have convinced many that we are losing the war on terror at home. The truth is, however, that we are doing quite well.¶ According to the October Terror Threat Snapshot, released by the Majority Staff of the Homeland Security Committee, US authorities have arrested 109 suspects in ISIS related incidences since 2014.¶ The report states, “These individuals had, among other acts: plotted attacks; attempted to join ISIS in Iraq and Syria (or facilitated others’ travel); provided money, equipment, and weapons to ISIS; and falsified statements to federal authorities. Eight ISIS-linked terrorists have been killed while carrying out five separate attacks in California, Florida, Massachusetts, Texas, and Minnesota.” Currently, there are over 1,000 active FBI investigations into homegrown terrorism according to Director James Comey. He stated that over 80 percent of those are ISIS related. Since September 11, 2001, there have been at least 171 homegrown jihadist plots in the United States, including attempts to join terrorist groups overseas and execute attacks at home. More than 86 percent of these cases have occurred or been uncovered since 2009.¶ There is a lot of “behind the scenes” action, resulting in statistics like those above, that the general public rarely hears about in mainstream media.¶ Tactics such as leveraging the criminal justice system, seizing financial assets, gathering intelligence, covert operations, restricting movement of suspected terrorists, monitoring social media, and enhanced border restrictions and rules are all tools which aid in capturing US and foreign jihadists. As a result of these methods, fighters traveling into Syria and Iraq (at a one-time high of 2,000 monthly) have now fallen to as few as 50 per month.¶ U.S. efforts to counteract ISIS messaging online have proven an effective way to deter recruitment. ISIS has social media experts, and even hosts real-time Q and A sessions online where recruiters answer questions such as, “How do I travel, undetected, from the US to Syria?” Radical extremists post videos online, encouraging young people who have felt rejected by American society to take up Jihad.¶ According to the Terror Snapshot, here are some of the actions and arrests during this past September which have stopped some of these radicalized individuals from acting:¶ September 8: Marie Castelli, a 56-year-old U.S. citizen and Muslim convert from Maysville, Kentucky, was arrested after issuing violent threats and lying to federal authorities. Castelli promoted ISIS propaganda through social media.¶ September 10: An ISIS-linked cyber hacking group released a “kill list” with information about real estate professionals in the United States and encouraged individuals to locate and attack them.¶ September 18: Ahmad Khan Rahami, a 28-year-old U.S. citizen who was born in Afghanistan and is a resident of Elizabeth, New Jersey, was arrested after launching a bombing campaign targeting multiple locations in New York and New Jersey. Rahami was carrying a journal citing ISIS’s call for its followers in the West to launch attacks at home.¶ September 18: Dahir Adan, a 20-year-old U.S. citizen living in St. Cloud, Minnesota, attacked nearly a dozen people with a knife at a mall. Adan was born to a Somali family in Kenya before immigrating to the United States. Adan reportedly asked victims during his stabbing spree at a mall in Minnesota if they were Muslim. ISIS’s primary media arm claimed Adan was an ISIS supporter shortly after the attack.¶ September 30: Nelash Mohamed Das, a 24-year-old Bangladeshi citizen who has been living in Maryland as a legal permanent resident, was arrested after he plotted to kill a member of the U.S. military on behalf of ISIS.¶ Authorities know that roughly 90 percent of ISIS fanatics charged in the US are male and an average of 26.3 years of age. We are learning how to find these high risk individuals and arrest them. Almost 30 percent of those arrested were planning ISIS related attacks.¶ In a few instances, individuals known to be associated with terrorist groups have unsuccessfully attempted to gain admittance to the US through the refugee program. Over the past fiscal year, the Obama Administration has let almost 13,000 refugees through our borders and planned to allow in even more. By comparison, 1.3 million refugees arrived in Europe during that same time period. Trump has indicated that he intends to reduce these numbers drastically.¶ Although the US has a highly rigorous screening process for incoming refugees (Consuming 18 – 24 months for each person) the Terror Snapshot states that, “American law enforcement and intelligence officials have repeatedly indicated that the U.S. lacks reliable and credible intelligence to properly vet and screen potential Syrian refugees.”¶ President-Elect Trump has repeatedly indicated that he plans to improve this process with what he calls “extreme vetting.”¶ ISIS has proven to be a challenger unlike anything the US has previously faced. Their ability to use the internet and social media to reach high risk individuals and radicalize them to the ISIS cause has created a threat that is difficult to combat. Our intelligence agencies continue to learn and grow, having great, if often unrecognized, successes in protecting the American people.

Qualified immunity for security officials is necessary to secrecy, efficiency, and flexible decision-making.  Samp 6/8
*Brackets in original
Richard A. Samp JD Washington Legal Foundation June 8, 2016 Ascroft v Turkmen Amicus Briefs. BRIEF OF FORMER U.S. ATTORNEYS GENERAL¶ WILLIAM P. BARR, ALBERTO R. GONZALES,¶ EDWIN MEESE III, MICHAEL B. MUKASEY, AND¶ DICK THORNBURGH; FORMER FBI DIRECTORS¶ WILLIAM S. SESSIONS AND WILLIAM H. WEBSTER;¶ AND WASHINGTON LEGAL FOUNDATION¶ AS AMICI CURIAE IN SUPPORT OF PETITIONERS http://www.scotusblog.com/wp-content/uploads/2016/06/Ashcroft-v-Turkmen-WLF-amicus.pdf

The petitions raise issues of exceptional¶ importance. Amici urge the Court to grant review of¶ all three Questions Presented. We write separately to¶ focus particular emphasis on the qualified immunity¶ question. Qualified immunity not only provides¶ government officials with a defense to liability; it also¶ is “an entitlement not to stand trial or face the other¶ burdens of litigation.” Mitchell v. Forsyth, 472 U.S.¶ 511, 526 (1985) (emphasis added). The Court has made¶ clear that the “driving force” behind creation of the¶ qualified immunity doctrine was a desire to ensure¶ that “‘insubstantial claims’ will be resolved prior to¶ discovery.” Anderson v. Creighton, 483 U.S. 635, 640¶ n.2 (1987). Yet, the decision below calls into question¶ the ability of high-level Executive Branch officials to¶ win dismissal, on qualified immunity grounds, of even¶ frivolous Bivens litigation filed by anyone claiming to¶ be aggrieved by their official conduct.¶ In the absence of dismissal, those officials face¶ the prospect of discovery proceedings that are highly¶ likely to distract them from their other responsibilities.¶ As former senior Executive Branch officials, the¶ individual amici curiae are concerned by the disruptive¶ effects of such discovery, and they are very concerned¶ that such disruptions are likely to impair the ability of¶ high-level officials to carry out their missions effectively. Review is warranted to determine whether¶ such disruptions are required under the terms of the¶ qualified immunity doctrine and the pleading¶ standards established by the Federal Rules of Civil¶ Procedure, particularly when (as here) the challenged¶ actions involve sensitive national security issues.¶ Respondents raise constitutional claims that are¶ largely the same as those at issue in Iqbal and that¶ arise from precisely the same underlying facts: the¶ detention of Arab/Muslim unauthorized aliens at the¶ MDC under harsh conditions in 2001-02. Iqbal¶ determined that the complaint at issue there did not¶ adequately state a constitutional claim against¶ Ashcroft and Mueller for their alleged role in the¶ detentions. The Second Circuit decision, by reaching¶ the opposite conclusion in connection with a complaint¶ that added little in the way of new factual allegations,¶ is in considerable tension with Iqbal. The same¶ considerations that led the Court to review (and¶ ultimately overturn) the Second Circuit’s assessment¶ of the adequacy of the pleadings in Iqbal should¶ persuade the Court to grant review here as well. In¶ particular, Respondents’ complaint includes no factual¶ allegations from which one can reasonably infer that¶ Ashcroft, Mueller, and Ziglar played any role in¶ determining the conditions of Respondents’¶ confinement.¶ Review is also warranted to determine whether¶ the courts should recognize a judicially inferred¶ damages remedy against senior Executive Branch¶ officials for alleged infringement of Respondents’¶ constitutional rights in the course of carrying out their¶ national security responsibilities. As Petitioners note, the appeals courts are sharply divided on the issue,¶ with the Fourth, Seventh, Ninth, and D.C. Circuits¶ issuing decisions that conflict with the decision below.¶ Review is warranted to resolve that conflict.¶ Amici also write separately to note that the¶ Second Circuit’s unprecedented recognition of Bivens¶ actions to challenge Executive Branch national security¶ policy conflicts with decisions of this Court. The Court¶ has cautioned against recognition of new Bivens¶ remedies when, as here, “special factors” counsel¶ hesitation. Those special factors include the national¶ security and immigration-law aspects of this case¶ (areas in which courts traditionally defer to the¶ judgments of the elected branches), the availability of¶ alternative remedies (e.g., habeas corpus proceedings),¶ and the failure of Congress to provide an express¶ damages remedy despite its considerable focus on¶ detention-related issues arising in the course of the¶ 9/11 investigation.¶ REASONS FOR GRANTING THE PETITION¶ I. REVIEW IS WARRANTED BECAUSE THE¶ DECISION BELOW THREATENS THE¶ ABILITY OF FEDERAL OFFICIALS TO¶ AVOID THE BURDENS OF LITIGATION¶ IMPOSED BY INSUBSTANTIAL CLAIMS¶ The Court has long recognized that significant¶ burdens are imposed on government officials when¶ they are required to defend damages claims filed¶ against them in their individual capacities for actions¶ taken in connection with their employment. As the¶ Court explained in Harlow: Each such suit against high-level¶ government officials almost invariably¶ results in these officials and their¶ colleagues being subjected to extensive¶ discovery into traditionally protected¶ areas, such as their deliberations¶ preparatory to the formulation of¶ government policy and their intimate¶ thought processes and communications at¶ the presidential and cabinet levels. Such¶ discovery is wide-ranging, timeconsuming,¶ and not without considerable¶ cost to the officials involved.¶ Harlow v. Fitzgerald, 457 U.S. 800, 817 n.29 (quoting¶ Halperin v. Kissinger, 606 F.2d 1192, 1214 (D.C. Cir.¶ 1979) (Gesell, J., concurring)).¶ The burdens can be particularly pronounced¶ among officials working on national security matters,¶ where the high level of public passion can result in¶ increased levels of litigation. As Justice Stevens¶ explained:¶ The passions aroused by matters of¶ national security and foreign policy and¶ the high profile of Cabinet officers with¶ functions in that area make them “easily¶ identifiable targets for suits for civil¶ damages.” Nixon v. Fitzgerald, 457 U.S.¶ 731, 753 (1982). Persons of wisdom¶ and honor will hesitate to answer the¶ President’s call to serve in these vital¶ positions if they fear that vexatious and¶ politically motivated litigation associated with their public decisions will squander¶ their time and reputation, and sap their¶ personal financial resources when they¶ leave office. The multitude of lawsuits¶ filed against high officials in recent years¶ only confirms the rationality of this¶ anxiety.¶ Mitchell, 472 U.S. at 541-42 (Stevens, J., concurring in¶ the judgment).¶ Events proved Justice Stevens’s prescience.¶ Lawsuits seeking damages from senior Executive¶ Branch officials for actions they took regarding¶ national security matters proliferated throughout the¶ administrations of Presidents Barack Obama, George¶ W. Bush, and Bill Clinton. See, e.g., Lebron v.¶ Rumsfeld, 670 F.3d 540 (4th Cir. 2012) (suit against¶ Defense Secretaries Leon Panetta and Donald¶ Rumsfeld alleging mistreatment of military detainee);¶ Ashcroft v. Al-Kidd, 563 U.S. 731 (2011) (suit against¶ Attorney General alleging improper authorization of¶ material-witness warrants to detain terrorism¶ suspects); Gonzalez v. Reno, 325 F.2d 1228 (11th Cir.¶ 2003) (suit against Attorney General arising from¶ execution of an arrest warrant for six-year-old Elian¶ Gonzalez). A. The Qualified Immunity Doctrine¶ Was Crafted to Reduce the Burden¶ on Government Officials of¶ Defending Against Damages Claims¶ In an effort to reduce the burdens imposed by¶ such suits, the Court has crafted a qualified immunity doctrine designed to provide government officials with¶ not only a defense to liability but also an “immunity¶ from suit.” Mitchell, 472 U.S. at 526. The “driving¶ force” behind creation of the doctrine was a desire to¶ ensure that “insubstantial claims will be resolved¶ prior to discovery.” Anderson, 483 U.S. at 640 n.2. See¶ also Saucier v. Katz, 533 U.S. 194, 200 (2001) (“Where¶ the defendant seeks qualified immunity, a ruling on¶ that issue should be made early in the proceedings so¶ that the costs and expenses of trial are avoided where¶ the defense is dispositive.”).¶ Qualified immunity shields a government official¶ from liability in an individual capacity so long as the¶ official has not violated “clearly established statutory¶ or constitutional rights of which a reasonable person¶ would have known.” Harlow, 457 U.S. at 818. To¶ overcome the defense of qualified immunity the¶ plaintiff must show: (1) the facts, viewed in the light¶ most favorable to the plaintiff, demonstrate the¶ deprivation of a statutory or constitutional right; and¶ (2) the right was clearly established at the time of the¶ deprivation. Saucier, 533 U.S. at 199. Courts are¶ “permitted to exercise their sound discretion in¶ deciding which of the two prongs of the qualified¶ immunity analysis should be addressed first in light of¶ the circumstances in the particular case at hand.”¶ Pearson v. Callahan, 555 U.S. 223, 236 (2009). Amici¶ submit that review of the second prong—whether the¶ asserted right was “clearly established”—is¶ particularly warranted in this case.

The AFF ruling on qualififed immunity limits it for all officials – courts take previous rulings to apply up the executive ladder. Cornyn et al 01
 (John, Andy Taylor First Assistant Attorney General Gregory S. Coleman Solicitor General Counsel of Record Lisa R. Eskow Assistant Solicitor General P.O. Box 12548 Austin, Texas 78711-2548 (512) 936-1700 Counsel for Amici Bill Pryor Attorney General of Alabama 11 South Union Street Montgomery, AL 36130 Bruce M. Botelho Attorney General of Alaska P.O. Box 110300 Juneau, AK 99811-0300 Mark Pryor Attorney General of Arkansas 323 Center St., Ste. 200 Little Rock, AR 72201 Bill Lockyer Attorney General of California 1300 1 Street, Ste. 125 P.O. Box 944255 Sacramento, CA 94244-2550 Ken Salazar Attorney General of Colorado 1525 Sherman St., 7th Fl. Denver, CO 80203 Richard Blumenthal Attorney General of Connecticut 55 Elm Street Hartford, CT 06141-0120 M. Jane Brady Attorney General of Delaware 820 N. French St. Wilmington, DE 19801 James E. Ryan Attorney General of Illinois 100 W. Randolph St., 12th Fl. Chicago, IL 60601 Richard P. Ieyoub Attorney General of Louisiana P.O. Box 94095 Baton Rouge, LA 70804-9095 J. Joseph Curran, Jr. Attorney General of Maryland 200 St. Paul Place Baltimore, MD 21202 Thomas F. Reilly Attorney General of Massachusetts One Ashburton Place Boston, MA 02108-1698 Mike Moore Attorney General of Mississippi P.O. Box 220 Jackson, MS 39205 Joseph P. Mazurek Attorney General of Montana 215 N. Sanders P.O. Box 201401 Helena, MT 59620-1401 Don Stenberg Attorney General of Nebraska 2115 State Capitol Lincoln, NE 68509 Eliot Spitzer Attorney General of New York The Capitol Albany, NY 12224 Heidi Heitkamp Attorney General of North Dakota 600 E. Boulevard Ave. Bismarck, ND 58505-0040 Betty D. Montgomery Attorney General of Ohio 30 E. Broad St., 17th Fl. Columbus, OH 43215 W.A. Drew Edmondson Attorney General of Oklahoma 2300 N. Lincoln Blvd., Ste. 112 Oklahoma City, OK 73105-4894 Hardy Myers Attorney General of Oregon 1162 Court St. N.E. Salem, OR 97310 D. Michael Fisher Attorney General of Pennsylvania 16th Fl., Strawberry Square Harrisburg, PA 17120 Charles M. Condon Attorney General of South Carolina P.O. Box 11549 Columbia, SC 29211 Mark Barnett Attorney General of South Dakota 500 East Capitol Avenue Pierre, SD 57501-5070 Paul G. Summers Attorney General of Tennessee 425 Fifth Ave., North Nashville, TN 37243 Jan Graham Attorney General of Utah 236 State Capitol Salt Lake City, UT 84114 William H. Sorrell Attorney General of Vermont 109 State Street Montpelier, VT 05609-1001 Christine O. Gregoire Attorney General of Washington 1125 Washington Street P.O. Box 40100 Olympia, WA 98504-0100 Brief of The States of Texas, Alabama, Alaska, Arkansas, California, Colorado, Connecticut,¶ Delaware, Illinois, Louisiana, Maryland, Massachusetts, Mississippi, Montana, Nebraska, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Utah, Vermont, and Washington as Amici Curiae in Support of Petitioner)
The “reasonable mistake” is one of the core tenets of qualified immunity jurisprudence. In fact, were this Court to prohibit or limit the applicability of qualified immunity and the “reasonable mistake” with respect to excessive force claims, that philosophical departure would have ripple effects beyond the excessive force context. If officers who make *21 reasonable, albeit mistaken, judgments about the necessity of force can be categorically excluded from the ambit of qualified immunity, other public employees exercising discretionary functions might fear that their immunity protections could be forfeited next. This could dissuade individuals from taking government jobs. Public servants should not have to worry that courts might make policy-based distinctions about which types of duties should be afforded immunity protections, and which should not. To transform qualified immunity into a guessing game would defeat the purpose of the doctrine. Harlow's objective legal reasonableness test was designed to strike a balance between the need to vindicate civil rights abuses and the need to promote public service and shield government officials from insubstantial civil rights claims. It is inevitable that public servants will err; and when they do, they should be secure in knowing that their errors will not subject them to liability, or suit, provided they err in a manner that is objectively reasonable. Harlow's compromise may be imperfect, but it should be preserved, as it strikes the best “balance between the evils inevitable in an available alternative.” See Harlow, 457 U.S., at 813.

Flexibility is key to fighting terror Kirchner ‘14
Richard (Rik) Kirchner, Jr. is Chief Executive Officer of KIRIK International, Inc., and Executive Director of the Institute for Surveillance and Threat Detection, a first of its kind educational center dedicated solely to the discipline of Surveillance Detection and Behavioral Detection, delivering Antiterrorism and Threat assessment, development, and implementation to High Value Target and Critical Infrastructure/Key Resource program managers for comprehensive Threat Detection programs with subject matter expertise in Hostile Surveillance, Threat Detection, and Threat Management. “Surveillance and Threat Detection: Prevention versus Mitigation.” Elsevier. 2014. https://books.google.com/books?id=NYS-AQAAQBAJandpg=PA37andlpg=PA37anddq=22search+and+seizure22+and+22prevent+terrorism22andsource=blandots=jMP5xoUYQkandsig=u-N0ufTTRfALYHgFDQ_ZNtlWgYMandhl=enandsa=Xandved=0ahUKEwiO94Lu0rHQAhVnrVQKHW63AW8Q6AEISjAJ#v=onepageandq=22search20and20seizure2220and2022prevent20terrorism22andf=false JJN
While counterterrorism and terrorism prevention are concepts traditionally associated with our nation’s intelligence agencies, there are many basic avenues law enforcement can take in fighting terrorism. Simply keeping an eye out for indicators of preincident planning is integral to counterterrorism efforts nationwide. Patriot Act provisions assist law enforcement efforts greatly by facilitating more efficient terrorist monitoring and probable cause development. Finally, familiarization with state and federal law pertaining to the prevention of terrorist attacks is an absolute must. Terrorism presents a challenge to law enforcement as it requires police to act proactively against crimes (terrorist acts) that, in many cases, have not yet been committed. If the police wait, as they do traditionally, to react to terrorist crimes after they are committed, then the roles of the police are that of a first responder and an investigator. The public, however, expects police to deal with terrorism differently. This is mainly because crimes such as rape, theft, robbery, and even murder target the individual while terrorism targets the public. As such, the public demands that the police act to prevent terrorism before it becomes a criminal reality. Police officers are given the rights to search and seizure based on probable cause (Terry vs Ohio) and to stop a person for inquiry based on reasonable suspicion. These rights were afforded to officers in order to help them prevent a crime that they believe is about to occur. To prove a crime, officers need to find evidence. However, when it comes to terrorism, evidence and weapons are not always there to find even at the execution of the attack. Let’s consider 9/11 and assume for a minute that the terrorists would have been caught prior to boarding the planes. Would we have had the foresight to articulate probable cause based on the terrorists’ behavior and, if so, would we have regarded their box cutters as weapons (evidence) for a possible hijacking? Probably not. In order to reach reasonable suspicion, officers must rely on their training and experience to come up “with an articulable and particularized belief that criminal activity is afoot” Orleans vs United States, 517 U.S. 690 696 (1996) Illinois vs Gates, 462 U.S at 235. To be able to articulate terrorism-related reasonable suspicion, officers must be trained and gain experience in terrorism methods of operations. In other words, officers must be able to look at a situation or activity (suspicion) and have the capability to explain what they are seeing through their terrorist eyes. Officers are not trained (or not having the experience) in doing offensive surveillance, building a bomb or developing a terrorist plan among other things, will never be able to explain what they see as a terrorism-related reasonable cause. As in the case of reasonable suspicion, to develop probable cause, officers need to fall back on their training and experience in order to describe “known facts and circumstances that are sufficient to warrant a man of reasonable prudence in the belief that contraband or evidence of a crime will be found” Orleans vs United States, 517 U.S. 690 696 (1996) Illinois vs Gates, 462 U.S. at 213,238 (1983). Finding bombs and terrorist weapons is a difficult task, as almost anything can be used as a weapon and bombs appear in countless shapes and forms. In order to develop a terrorist-related probable cause, officers need to rely more on information provided by the suspect than on tangible evidence. To obtain this information, officers must utilize different questioning techniques then those used when interviewing suspected criminals. Approaching the suspect from a “law enforcement” angle will probably not work because the suspect has yet to have broken the law in the case of identifiable reasonable suspicion and probable cause . Moreover, cooperation and information are needed to establish probable cause or refuse the reasonable suspicions found. Asking for an ID and checking the suspect’s criminal record are unlikely to help the officer because most terrorist avoid criminal activities and their records are therefore clean. The key to success lies in open-ended, public service-oriented and inquisitive questioning geared toward refuting reasonable suspicions. In essence, the questioning that the officer conducts should resemble that of a receptionist asking politely about the intentions of a visitor entering a building and not that of an officer who has just pulled over a person for speeding recklessly on the highway.  

A single coordinated attack escalates and kills billions Myhrvold 2014
Myhrvold 2014 (Nathan P chief executive and founder of Intellectual Ventures and a former chief technology officer at Microsoft; Strategic Terrorism: A Call to Action; cco.dodlive.mil/files/2014/04/Strategic_Terrorism_corrected_II.pdf; kdf)
Technology contains no inherent moral directive—it empowers people, whatever their intent, good or evil. This has always been true: when bronze implements supplanted those made of stone, the ancient world got scythes and awls, but also swords and battle-axes. The novelty of our present situation is that modern technology can provide small groups of people with much greater lethality than ever before. We now have to worry that private parties might gain access to weapons that are as destructive as—or possibly even more destructive than— those held by any nation-state. A handful of people, perhaps even a single individual, could have the ability to kill millions or even billions. Indeed, it is possible, from a technological standpoint, to kill every man, woman, and child on earth. The gravity of the situation is so extreme that getting the concept across without seeming silly or alarmist is challenging. Just thinking about the subject with any degree of seriousness numbs the mind. The goal of this essay is to present the case for making the needed changes before such a catastrophe occurs. The issues described here are too important to ignore. Failing nation-states—like North Korea—which possess nuclear weapons potentially pose a nuclear threat. Each new entrant to the nuclear club increases the possibility this will happen, but this problem is an old one, and one that existing diplomatic and military structures aim to manage. The newer and less understood danger arises from the increasing likelihood that stateless groups, bent on terrorism, will gain access to nuclear weapons, most likely by theft from a nation-state. Should this happen, the danger we now perceive to be coming from rogue states will pale in comparison. The ultimate response to a nuclear attack is a nuclear counterattack. Nation states have an address, and they know that we will retaliate in kind. Stateless groups are much more difficult to find which makes a nuclear counterattack virtually impossible. As a result, they can strike without fear of overwhelming retaliation, and thus they wield much more effective destructive power. Indeed, in many cases the fundamental equation of retaliation has become reversed. Terrorists often hope to provoke reprisal attacks on their own people, swaying popular opinion in their favor. The aftermath of 9/11 is a case in point. While it seems likely that Osama bin Laden and his henchmen hoped for a massive overreaction from the United States, it is unlikely his Taliban hosts anticipated the U.S. would go so far as to invade Afghanistan. Yes, al-Qaeda lost its host state and some personnel. The damage slowed the organization down but did not destroy it. Instead, the stateless al-Qaeda survived and adapted. The United States can claim some success against al-Qaeda in the years since 9/11, but it has hardly delivered a deathblow. Eventually, the world will recognize that stateless groups are more powerful than nation-states because terrorists can wield weapons and mount assaults that no nationstate would dare to attempt. So far, they have limited themselves to dramatic tactical terrorism: events such as 9/11, the butchering of Russian schoolchildren, decapitations broadcast over the internet, and bombings in major cities. Strategic objectives cannot be far behind. 

Trump responds with Nukes in the Middle East against ISIS. Borgwardt 3/31

Elizabeth Borgwardt is a history professor at Washington University and the author of The Nuremberg Idea, forthcoming from Knopf. “9/11: What Would Trump Do?” http://www.politico.com/magazine/story/2016/03/donald-trump-2016-terrorist-attack-foreign-policy-213784 March 31, 2016

Donald Trump’s March 21 interview with the Washington Post editorial board should make every potential voter’s blood run cold. After noting that ISIS should be knocked out flat, yet indicating that large numbers of U.S. troops should not be involved, Mr. Trump suggested that it was better to be “unpredictable” in the face of U.S. enemies, before twice dodging a question about whether he would advocate the use of tactical nuclear weapons against ISIS. (To be fair, the interview transcript indicates that much more time was spent discussing Mr. Trump’s hand size than anything to do with nuclear weapons.)¶ All this was before the attacks in Belgium; my sense is that a 9/11-style attack on U.S. soil would mean that any remaining restraints to the use of weapons of mass destruction—including nuclear weapons—would likely be swiftly swept aside.¶ General Douglas MacArthur had notoriously floated the idea of using nuclear weapons against China in the Korean conflict (1950-53) when he was concerned about Chinese moves to support North Korean aggression. In posthumously published interviews, MacArthur said that he could have won the war in ten days: “I would have dropped 30 or so atomic bombs … strung across the neck of Manchuria. For at least 60 years there could have been no land invasion of Korea from the North.”¶ Part of MacArthur’s logic was that the United States would have needed to fight communist China eventually, so it would be best to nuke them while they were still weak, recovering from World War II and the Chinese Revolution (1949), as opposed to fighting them later after they had become much stronger. “That makes sense to me!” opined a Trump backer with whom I recently spoke on this topic. And yet, I offered, most Americans today are probably pretty happy that we didn’t use nuclear weapons against China in the Korean war, or would be if they knew anything about that historical interlude. “I guess,” he said. “But why not press your advantage when you have one?”¶ I offer this example because my sense is that in a putative Trump administration, “the gloves would be off” and all barriers—including public opinion—to the first use of various kinds of weapons of mass destruction would likely be at an all-time low. Bruce Cumings, the leading U.S. historian of Korea, has commented on the MacArthur incident in an analysis from back in 2004. Cumings noted that “MacArthur sounds like a warmongering lunatic” for advocating the use of nuclear weapons, but also explained that, astonishing as it might seem, the general actually had some support for his outlandish proposal. Cumings also noted that MacArthur’s conduct, quite appropriately, contributed to the celebrated war hero’s dismissal by President Truman. But that was then.

Use of nukes in the ME causes extinction. Russel 9

Russell 9 – Senior Lecturer in the Department of National Security Affairs @ Naval Postgraduate School ¶ James, “Strategic Stability Reconsidered: Prospects for Nuclear War and Escalation in the Middle East,” Online

Strategic stability in the region is thus undermined by various factors: (1) asymmetric interests in the bargaining framework that can introduce unpredictable behavior from actors; (2) the presence of non-state actors that introduce unpredictability into relationships between the antagonists; (3) incompatible assumptions about the structure of the deterrent relationship that makes the bargaining framework strategically unstable; (4) perceptions by Israel and the United States that its window of opportunity for military action is closing, which could prompt a preventive attack; (5) the prospect that Iran’s response to pre-emptive attacks could involve unconventional weapons, which could prompt escalation by Israel and/or the United States; (6) the lack of a communications framework to build trust and cooperation among framework participants.  These systemic weaknesses in the coercive bargaining framework all suggest that escalation by any the parties could happen either on purpose or as a result of miscalculation or the pressures of wartime circumstance. Given these factors, it is disturbingly easy to imagine scenarios under which a conflict could quickly escalate in which the regional antagonists would consider the use of chemical, biological, or nuclear weapons. It would be a mistake to believe the nuclear taboo can somehow magically keep nuclear weapons from being used in the context of an unstable strategic framework. Systemic asymmetries between actors in fact suggest a certain increase in the probability of war – a war in which escalation could happen quickly and from a variety of participants. Once such a war starts, events would likely develop a momentum all their own and decision-making would consequently be shaped in unpredictable ways. The international community must take this possibility seriously, and muster every tool at its disposal to prevent such an outcome, which would be an unprecedented disaster for the peoples of the region, with substantial risk for the entire world. 

Disad turns the case – the AFF results in massive Constitutional violations and a state of emergency. Stout 3/31

Martha Stout is a psychologist and author of The Sociopath Next Door “9/11: What Would Trump Do?” http://www.politico.com/magazine/story/2016/03/donald-trump-2016-terrorist-attack-foreign-policy-213784 March 31, 2016

As a psychologist who has spent her career studying human personality and its variations, I can tell you that personalities don’t have an off switch, not even for dire emergencies. If we suffered another brutal terrorist attack, I fear that President Trump would exhibit the same bombast, rage and impulsivity that he has shown in the campaign trail and imperil his fellow human beings, perhaps with even more lasting effects than those of the disaster itself.¶ The personality that underlies Trump’s observable behaviors—a demeanor of personal superiority, a focus on being admired, immediate heated anger when challenged, an emphasis on unlimited success, and an apparent expectation of automatic compliance—would be problematic in a U.S. president at any time, and plainly dangerous should our nation experience another terrorist atrocity. A president with such a personality would experience a large terrorist event as an attack on him personally, an enormous “narcissistic injury”—what psychologists call a perceived threat to self-worth—and his rage would be white-hot. The anger we have seen directed at protesters during Trump rallies would be multiplied by an unknowable factor. That whisper in the ear from an aide, telling him that an event had occurred, would instantly evoke a need for reprisal, a desire to attack and to do so right away, using airstrikes, boots on the ground, torture in interrogations and any other “powerful” tactic that occurred to him.¶ If there is a positive thread in this psychologically predicted scenario, it is that such a huge perceived injury to Trump’s sense of self-worth would compel him to focus utterly on the source of that injury. He would be single-mindedly intent on destroying the terrorists and would have no tolerance for those who might wish to refashion the country’s pain and anger into a willingness to attack a different target. In the aftermath of our waking nightmare in 2001, we might have benefited from some portion of that single-mindedness. Still, with a President Trump, the surge of bigotry and the resulting deportation and internment efforts would do their own inestimable damage.¶ Given a re-terrorized nation, Trump’s famous skill at gaining allegiance from people through their heightened fears might very well sway Congress and result in the actual implementation of some of his ideas: a wholesale military response, a lockdown of Muslim communities, and attempts to deport large groups of people. With an unapologetically self-involved and rage-prone commander-in-chief—which is what we evidently would be getting with a President Trump—nothing would be off the table.

Tournament: Alta | Round: 3 | Opponent: Logan WC | Judge: Matt Marr
The standard should be preserving human life

Epistemic modesty breaks any tie and answers all AC pre-empts 

Nick Bostrom, Existential Risk Prevention as a Global Priority, 2012.  NS

These reflections on moral uncertainty suggest an alternative, complementary way of looking at existential risk. Let me elaborate. Our present understanding of axiology might well be confused. We may not now know—at least not in concrete detail—what outcomes would count as a big win for humanity; we might not even yet be able to imagine the best ends of our journey. If we are indeed profoundly uncertain about our ultimate aims, then we should recognize that there is a great option value in preserving—and ideally improving—our ability to recognize value and to steer the future accordingly. Ensuring that there will be a future version of humanity with great powers and a propensity to use them wisely is plausibly the best way available to us to increase the probability that the future will contain a lot of value.

Uncertainty and social contract require governments use util Goodin 95
Gooden, 1995  (Robert, philsopher at the Research School of the Social Sciences, Utilitarianism as Public Philosophy. P. 62-63)
Consider, first, the argument from necessity.  Public officials are obliged to make their choices under uncertainty, and uncertainty of a very special sort at that.  All choices—public and private alike—are made under some degree of uncertainty, of course.  But in the nature of things, private individuals will usually have more complete information on the peculiarities of their own circumstances and on the ramifications that alternative possible choices might have on them.  Public officials, in contrast, are relatively poorly informed as to the effects that their choices will have on individuals, one by one.  What they typically do know are generalities: averages and aggregates.  They know what will happen most often to most people as a result of their various possible choices.  But that is all.  That is enough to allow public policy-makers to use the utilitarian calculus—if they want to use it at all—to choose general rules of conduct.  Knowing aggregates and averages, they can proceed to calculate the utility payoffs from adopting each alternative possible general rules.

1NC

Governments 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 policies 

CRBs are a legitimate alternative to immunity reform- their decisions affect the ‘clearly established’ doctrine which solves the case without judicial change
Meltzer, JD, 14
(Ryan E., Texas LR 92: 1277 Qualified Immunity and Constitutional-Norm Generation in the Post-Saucier Era: “Clearly Establishing” the Law Through Civilian Oversight of Police)
In the course of investigating discrete incidents of alleged police misconduct, civilian external investigatory bodies engage in fact-finding and identification and application of governing legal standards in much the same way as a court assesses a motion to suppress evidence or a § 1983 claim alleging a deprivation of constitutional rights.31 More importantly, these bodies constantly encounter novel factual scenarios, particularly ones implicating the Fourth Amendment,32 such that their findings epitomize the sort of fact-specific guidance endorsed by the Court.33 Further, to the extent that they are empowered to make policy recommendations to the police departments they oversee, civilian external investigatory bodies also resemble compliance agencies like the U.S. Department of Justice (DOJ), whose advisory reports have helped to provide the sort of “notice” required to overcome an official’s qualified immunity.34 Consequently, the Court’s qualified immunity jurisprudence appears to permit the findings of such bodies to contribute to the clearly-established-law analysis. At present, however, the work of civilian external investigatory bodies—work that produces a wealth of valuable information and often confronts constitutional questions that might otherwise escape formal adjudication— is largely divorced from that of the courts.35 This state of affairs represents a costly missed opportunity, especially in the wake of Pearson. (1281-2)

The CP Solves the Case 

1. Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff’s internal legal reform drives police misconduct underground- it’s a trap
   Akbar, 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)
   This Article has attempted to identify the problems with community engagement and counterradicalization in the national security context, drawing from the critiques of community policing and broken windows in the ordinary criminal context. The canvas for this critical engagement was limited insofar as  *906  Muslim communities' experiences in these programs have been largely sheltered from public view. Harvesting those experiences is no doubt essential to understanding the possibilities and limitations of these programs. This Article provided a sketch of the problems lurking near the surface - that is left to future work.
   Is community engagement salvageable? Moving community engagement toward its most democratic aspirations - toward a more genuine exercise in community consultation, contestation, and collaboration - would involve ridding the program of its pernicious baggage. For example, law enforcement could end community engagement's integration with community-wide intelligence gathering, or could decouple community engagement from CVE and counterradicalization.
   Certainly there are strong normative reasons, including those that motivate this Article, to expect and demand that law enforcement account for the realities of marginalized communities. But we cannot expect that dialogue will necessarily lead to accountability, meaningful contestation, or realignment of police approaches in marginalized communities. After all, law enforcement is itself a significant vehicle for marginalization and racialization in the United States. It is reasonable to question whether community policing - or policing at all - can be expected to be the vehicle for the change we are seeking. The problem and the solution may be entirely mismatched.
   The allure of community policing rests in part on a broader construct of dialogue as inherently valuable. While dialogue can certainly be valuable, its value will depend on the context and the point of view from which it is being evaluated. Dialogue often serves a different function for the more powerful in the conversation than the less powerful. The idea that dialogue is the cure-all for poor relationships between police and marginalized communities emerges from a failure to recognize the structures and histories of police impunity in these communities, as well as the material realities that keep inequality in place. When the dialogue in question is with the police, initiated by the police, and on the police's own terms, not only is the function of the dialogue necessarily limited, the entire initiative should raise red flags. How will the dialogue change the material reality of policing in the community? Does the dialogue further exacerbate inequality or simply validate preexisting policing practices through the performance of democratic legitimacy? Or is it really allowing for messy democratic contestation, and the possibility for change in the material conditions of the relationship between the police and the marginalized?
   For community policing to be an effective tool in changing the relationship between the marginalized and law enforcement, marginalized communities cannot simply be offered a seat at the table to participate in preconceived policing  *907  programs. They must have the political power to hold police accountable. For community policing mechanisms to offer potential for real change to marginalized communities, communities must build capacity and political power to demand accountability. So while we might advocate for law enforcement to engage marginalized communities, we cannot rely on law enforcement initiatives to recalibrate relationships long rife with deep inequality. The pressure for meaningful change must come from outside, from the communities themselves organizing for change. n325

2. Civilian review is mutually exclusive and more efficient than court action
Weinbeck, 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)
A police department's internal affairs unit, operating on its own, lacks the credibility to conduct an independent investigation that is satisfactory to the community. n50 Minneapolis city council members, in an attempt to assuage community members and preserve their own political futures, established the city's review authority. n51 In theory, at least, a system of civilian oversight inserts into the police investigation process a watchman without allegiance to the police who will ensure that the investigation is conducted without bias. n52 This, in turn, generally supports a perception by the community that its police department is operating with a proper respect for individual rights. n53 As a result, a greater level of trust develops between the police and the *1315 community that ultimately greases the cogs of crime detection and prevention. n54 There are other benefits that municipalities enjoy when establishing a system of citizen oversight. Chief among them is the political coverage that the city's elected officials receive when establishing the agency. n55 For example, the Minneapolis Civilian Police Review Authority came into being in 1990 after police officers identified the wrong house in a drug raid. n56 During the course of the botched raid, the police killed an elderly couple who lived in the house. n57 In another episode not long after, the Minneapolis Police Department broke up a peaceful party of college-aged African Americans at a Minneapolis hotel. n58 In response to both incidents, outraged community members engaged in vehement and highly publicized demonstrations. n59 Besides providing a measure of political coverage, citizen oversight may also operate as a mechanism for saving cities money. n60 Wronged citizens, instead of bringing their grievances to court, enter the civilian oversight system where they may achieve redress that ends up costing the city nothing more than the administrative costs of the investigation. n61

DA

A. Uniqueness- 

The new generation LGBTQ movement is working with community-based solutions, moving away from the flare of courts. Lazare ‘10/13
Sarah Lazare is a staff writer for AlterNet, A former staff writer for Common Dreams. “Meet 5 Movement Leaders Across the U.S. Fighting for LGTBQ Issues on the Ground.” Alternet. October 13, 2016. http://www.alternet.org/lgbtq/meet-5-movement-leaders-across-us-fighting-lgtbq-issues-ground JJN
"We've gotten dragged into a national conversation where same-sex marriage is held up as the pinnacle of the LGBTQ struggle, but there are so many other things our communities struggle around, issues that have to do with life and death,” Paulina Helm-Hernandez, the co-director of the queer liberation group Southerners on New Ground (SONG), told AlterNet. “We’re dealing with issues like criminalization, health care access and core safety. We’re thinking about ways our people know a lot about violence and how to survive." Helm-Hernandez is one of countless movement leaders in rural communities and urban centers across the country bringing a queer lens to racial, social and economic justice activism. LGBTQ organizers are at the helm of the Movement for Black Lives, calling for an end to extrajudicial police killings, and on the frontlines of native resistance at Standing Rock, where indigenous earth defenders have erected a "two-spirit camp," for gay and lesbian indigenous people. They are demanding an stop to deportations and mass incarceration and devising concrete, community-safety alternatives to calling the police. While fending off the racist incitement of the 2016 election cycle, LGBTQ organizers are also going on the offensive, preparing to mobilize for demilitarization at home and abroad no matter who wins in November. AlterNet spoke with five U.S.-based organizers whose political and cultural work shows that LGBTQ movements go far beyond marriage equality, and are shaping the social movements that define our times. 1. Kym Anthoni, New Orleans “Second lining is very big in New Orleans culture,” said Anthoni, an organizer with the youth-led LGBTQ organization BreakOUT. “After someone passes away, people will do a dance celebrating resilience. Every year around the anniversary of Hurricane Katrina, we do a second line for the people who died to celebrate resilience, strength and moving forward.” “When a transgender woman has been killed, or you’ve gone through a bunch of bullshit, we embody the culture of second line, recognizing that we have a lot of pain and embracing resilience, saying let’s let go of the harsh shit that you’ve been through and celebrate the fact that you made it,” Anthoni continued. “Last year for the Trans March of resilience, we had a whole second line. We were uplifting the voices that are normally not uplifted in our culture.” New Orleans has been hit hard in recent years by a wave of killings targeting transgender women of color. Among them was BreakOUT community member Penny Proud, a 21-year-old black transgender woman murdered in 2015. This summer, the organization released a statement reading, “It is with heavy hearts that we share the news that another young, black trans/gender non-conforming person, Devin Diamond, has been murdered in New Orleans, just a few weeks after 24-year-old Erica ‘E’ Davis was shot in the Treme neighborhood on her way to work.” Key to BreakOUT’s organizing is the principle that “we deserve to walk down the street and not be attacked, we deserve to not be criminalized,” said Anthoni. This demand is aimed at curbing vigilante violence as well as law enforcement brutality. The organization’s first campaign was called We Deserve Better and took on rampant abuse by the New Orleans Police Department. According to a report released in 2014 by BreakOUT, police abuse is widespread. The survey found that “75 percent of people of color respondents feel they have been targeted by police for their sexual orientation or gender identity or gender expression compared with 24 percent of white respondents.” In addition, the report states that “43 percent of people of color respondents have been asked for a sexual favor by police compared with 11 percent of white respondents.” Anthoni emphasized that it is important for the broader public to understand that police brutality is also an LGBTQ issue. “Police always target trans women of color just for being trans,” Anthoni said. “They over-eroticize transgender bodies. The queer and transgender youth of color are most targeted by law enforcement. It’s a huge issue because it takes your power away, it makes you feel vulnerable. Our vulnerability can sometimes cost us our lives.” In addition to organizing, political education and youth work in local high schools, Anthoni said, “The main core of what we do is heart healing justice work. We focus on finding ways to heal as a community.”

B. Links- 

1. Court civil rights victories act as fly paper drawing other social movements into the court to focus on litigation strategies
   Rosenberg 8 (Gerald N., University of Chicago political science and law professor, Ph.D. from Yale University, member of the Washington, D.C. bar, The Hollow Hope: Can Courts Bring about Social Change?, p. 427)
   If this is the case, then there is another important way in which courts affect social change. It is, to put it simply, that courts act as “fly-paper” for social reformers who succumb to the “lure of litigation.” If the constraints of the Constrained Court view are correct, then courts can seldom produce significant social reform. Yet if groups advocating such reform continue to look to the courts for aid, and spend precious resources in litigation, then the courts also limit change by deflecting claims from substantive political battles, where success is possible, to harmless legal ones where it is not. Even when major cases are won, the achievement is often more symbolic that real. Thus, courts may serve an ideological function of luring movements for social reform to an institution that is structurally constrained from serving their needs, providing only an illusion of change.

C. Internal Link- Courts Wreck movements

1. Judicial review produces divide and conquer
   Becker 93 (Mary, Prof of Law @ University of Chicago Law School; 64 U. Colo. L. Rev. 975 ln)
   Binding judicial review can impede political movements even when the Supreme Court does not actually block success. The relegation of high matters, such as sexual equality, to the courts saps political movements of their strength, particularly after ineffective victories. 76 At the same time, judicial review can mobilize the opposition, and the Court itself will be influenced by the resulting political climate, a climate it has helped create. When ineffective judicial victories weaken a movement, there may be less grass-roots pressure for change. Yet, real change in the relationship between the sexes is unlikely without change at the grass-roots level. Decisions from on high are unlikely to transform intimate relationships. Judicial victories protecting one or some outsider groups, but not all such groups, also interfere with the development of effective coalitions. This may be most harmful to the most vulnerable groups, such as lesbians, bisexuals, and gay men. Real or perceived judicial protection of less marginal groups, such as straight women or racial minorities, may mean that these groups are less likely to form effective coalitions with the more marginal groups. Judicial review is, therefore, a "divide and conquer" strategy.
   2. Perceived victories cause mass movement deflation
   Rosenberg 8 (Gerald N., University of Chicago political science and law professor, Ph.D. from Yale University, member of the Washington, D.C. bar, The Hollow Hope: Can Courts Bring About Social Change?, p. 422-423)
   In contrast to this conclusion, it might be suggested that throughout this book I have asked too much of courts.  After all, in all the cases examined, court decisions produced some change, however small.  Given that political action appeared impossible in many instances, such as with civil rights in the 1950s, same-sex marriage in the 1990s, and reform of the criminal justice system more generally, isn’t some positive change better than none?  In a world of unlimited resources, this would be the case.  In the world in which those seeking significant social reform live, however, strategic choices have costs, and a strategy that produces little or not change and induces backlash drains resources that could be more effectively employed in other strategies.  In addition, vindication of constitutional principles accompanied by small change may be mistaken for widespread significant social reform, inducing reformers to relax their efforts.
   D. Impacts
   LGBTQ Rights are crucial to avoid extinction Tatchell ’89
   Peter Tatchell - is a British human rights campaignerbest known for his work with LGBT social movements, was selected as Labour Party Parliamentary candidate for Bermondsey. “Gay Liberation is Central to Human Emancipation.” Peter Tatchell.net. However, note at the bottom: “An edited version of this article was published in "Labour Briefing", 1989. See also "Beyond lesbian and gay rights", Interlink. May /June 1989.” http://www.petertatchell.net/masculinity/gay_liberation.htm JJN *bracketed for offensive language
   Lesbian and gay LGTBQ liberation is of critical importance to the broader project of human emancipation. It is not merely a minority issue, nor purely a question of civil rights and sexual freedom. The ultimate aim is a cultural revolution to end heterosexual supremacism and the concomitant cult of heterosexual masculinity which underpins all relations of oppression and exploitation. This was the revolutionary agenda of the lesbian and gay liberation movement which emerged 20 years ago following the Stonewall Riots in New York in June 1969. In contrast to earlier liberal-oriented movements for homosexual equality, the lesbian and gay liberation movement did not seek to ape heterosexual values or secure the acceptance of homosexuals within the existing sexual conventions. Indeed, it repudiated the prevailing sexual morality and institutions - rejecting not only heterosexism but also heterosexual masculinity with its oppressive predisposition to rivalry, toughness and aggression (most potently symbolised by the rapist and the queer-basher). In contrast the "radical drag" and''gender-bender" politics of the Gay Liberation Front glorified male gentleness. It was a conscious, if sometimes exaggerated, attempt to renounce the oppressiveness of masculinity and subvert the way masculinity functions to buttress the subordination of women and gay men. Lesbian and gay liberation is therefore truly revolutionary because it specifically rejects the male heterosexual cult of masculine competitiveness, domination and violence. Instead, it affirms the worthwhileness of male sensitivity and affection between men and, in the case of lesbians, the intrinsic value of an eroticism and love independent of heterosexual men. By challenging heterosexual masculinity, the politics of lesbian and gay liberation has profound radical implications for oppressed peoples everywhere: it actively subverts the male heterosexual machismo' values which lie at the heart of all systems of domination, exploitation and oppression. Lesbian and gay liberation is therefore not an issue which is peripheral. It is, indeed absolutely central to revolutionary change and human liberation in general. Without the successful construction of a cult of heterosexual masculinity and a mass of aggressive male egos, neither sexual, class, racial, species, nor imperialist oppression are possible. All these different forms of oppression depend on two factors for their continued maintenance. First, on specific economic and political structures. And second, on a significant proportion of the population, mainly heterosexual men, being socialised into the acceptance of harsh masculine values which involve the legitimisation of aggression and the suppression of gentleness and emotion. The embracing of these culturally-conditioned macho values, whether consciously or unconsciously, is what makes so many millions of people able to participate in repressive regimes. (This interaction between social structures, ideology and individual psychology was a thesis which the communist psychologist, Wilhelm Reich, was attempting to articulate nearly 60 years ago in his book, The Mass Psychology of Fascism). In the case of German fascism, what Nazism did was merely awake and excite the latent brutality which is intrinsic to heterosexual masculinity in class societies. It then systematically manipulated and organised this unleashed masculine violence into a fascist regime of terror and torture which culminated in the holocaust. Since it is the internalisation of the masculine cult of toughness and domination which makes people psychologically suited and willing to be part of oppressive relations of exploitation and subjection, repressive states invariably glorify masculine "warrior" ideals and legally and ideologically suppress those men - mainly homosexuals - who fail to conform to them. Given that this internalisation of masculine aggression within the male population is a prerequisite for injustice and tyranny, love and tenderness between men ceases to be a purely private matter or simply a question of personal lifestyle. Instead, it objectively becomes an act of subversion which undermines the very foundations of oppression. Hence the Nazis' vilification of gay men as "sexual subversives" and "sexual saboteurs" who, in the words of Heinrich Himmler, had to be "exterminated- root and branch." In conclusion: the goal of eradicating injustice and exploitation requires us to change both the social structure and the individual personality to create people who, liberated from masculinity, no longer psychologically crave the power to dominate and exploit others and who are therefore unwilling to be the agents of oppressive regimes (whether as soldiers, police, gaolers and censors or as routine civil servants and state administrators who act as the passive agents of repression by keeping the day-to-day machinery of unjust government ticking over). By challenging the cult of heterosexual masculinity, lesbian and gay liberation politics is about much more than the limited agenda of human rights. It offers a unique and revolutionary contribution to the emancipation of the whole of humanity from all forms of oppression and subjugation.
   
   Disproves root cause claim
   AT Case
   Everyday violence doesn’t cause war and genocide because of significant differences in the degree of intentionality
   Bradby and Hundt, PhDs,  10
   (Hannah Bradby, Co-Director of the Institute of Health at the University of Warwick, Lecturer in Sociology at Warwick Medical School, and Gillian Lewando Hundt, Professor of Social Sciences in Health at the University of Warwick, 2010, “Introduction,” in Global perspectives on war, gender and health: the sociology and anthropology of suffering, p. 5-6)
   Far from being a uniquely horrific activity Scheper-Hughes (2002) views genocide as an extension of the dehumanising processes identifiable in many daily interactions. Drawing on analysis of the holocaust as the outcome of the general features of modernity, Scheper-Hughes posits a ‘genocidal continuum’ that connects daily, routine suffering and concomitant insults to a person’s humanity with genocide (Scheper-Hughes 2002: 371). The institutional ‘destruction of personhood’, as seen in the withdrawal of humane empathy from the poor or the elderly, creates the conditions which eventually make genocide possible. The argument that conditions of modernity including western rational legal metaphysics facilitate genocide has been criticised as too unifying and as conferring ‘super-eminence’ on the holocaust (Rose 1996: 11). The holocaust has become a crucial emblem through which we have sought to understand subsequent violence, wars and genocides. But the centrality of the holocaust in developing European thinking around conflict and suffering has made the resultant theoretical perspectives difficult to apply in non-European settings and in instances where conflict is less focussed around a clash of ideology. While the scale of the death toll of the holocaust should continue to shock, as should the organised nature of the attempted destruction of Jews, Roma, Gays and the disabled, there is very little to be gained in comparing scales or forms of suffering. It should be possible to use the study of the holocaust to inform understanding of other genocides in the context of other wars, to interrogate the link between war and suffering and to think through gendered perspectives without essentialising gender or making it the only explanatory variable. This collection does not primarily seek to add to the discussion of the role of the holocaust in theories of human suffering. Our chapters are, however, an unfortunate witness to the fact that despite contemporary hopes and the scale of combatant and non-combatants deaths, the two World Wars were not the wars to end all wars. Rather wars, and their associated suffering, have been ongoing ever since, both in Europe and beyond. War and Medicine While structural approaches can problematise a division between intentional and unintentional suffering, intentionality is nonetheless crucial to the contradictory relationship that war and medicine have with suffering. War is an organised conflict between two military groups and armed conflict is bound to be accompanied by suffering. Although ‘rules of engagement’ and the rhetoric of ‘targeted interventions’ deploying ‘surgical strikes’ suggest that ‘unnecessary’ blood shed can be avoided, war entails suffering, even if this is restricted to combatants. A limited, or targeted war is an oxymoron since war tends to be found in company with the other horsemen of the apocalypse, that is, pestilence, famine and death. Moreover, while the effect of war on soldiers is closely monitored by both sides, the disproportionate way in which the apocalyptic horsemen affect non-combatants and particularly those who are already disempowered such as women, the old and the young, has been less subject to scrutiny. 

Their framework requires consequentialism – only valuing intent is ivory tower theorizing because it doesn’t value the material conditions of real people – just aims to follow rules without rectifying current injustice

Taxes Turn
Civil suits force minority communities to suffer and pay for officers. Phillip 15
Phillip, Abby. "Why the Poor Often Pay for Police Misconduct with Their Pocketbooks." Washington Post. The Washington Post, 2015. Web. 11 Nov. 2016. SP
Late last month, the city of Inkster settled a lawsuit with Dent for nearly $1.4 million. According to the Detroit Free Press, Inkster’s financial manager said the city would levy a tax on property owners to help cover the cost of compensating Dent. Inkster is a city of about 25,000 residents, according to the most recent Census figures, and the median income there is just $26,500. Seventy-three percent of Inkster’s residents are black, and nearly 40 percent of the people in the city live below the poverty line. Black motorist beaten by white Inkster officer will receive $1.4 million settlement There is a bitter irony to the situation, but it’s not unusual that the very people who are most beset by police violence are the ones who wind up paying for it with their pocketbooks. When victims or their families are paid out by cities and municipalities in excessive-force cases that are settled or tried, taxpayers pay every time, highlighting the direct relationship between the social and financial costs of police violence. In Chicago: $84 million in one year. Los Angeles: $54 million. Philadelphia: $40 million in cases brought since 2009. Fatal police shootings in 2015 approaching 400 nationwide In Inkster, the sum is small and deals with just one case. But for its residents, the reality will be unavoidable: The tax will amount to a $178.67 on a home valued at about $55,400, the Free Press estimates. “The price of this is enormous, and it probably is hardest on those who can least afford it and whose communities are most egregiously beset with the misconduct problems,” noted Andy Shaw, president and CEO of the Better Government Association, which has studied the high financial and social costs of police misconduct in Chicago. In Chicago, police-related settlements over the last decade cost the city more than $500 million according to a study published by the group last year. Everyone pays the price, including renters who are likely to be least able to afford it. “They not only face the financial burden and the reduction of services, these dollars could have improved their schools could have given them more cops on the streets to improve their neighborhoods,” Shaw said. “Instead they were transfer payments to victims and victims’ attorneys.” Shaw added: “It takes a terrible toll.” In Inkster, residents are asking why they will now be forced to shoulder this burden. “It’s not our responsibility that there was mistakes made with the police department and the city,” resident Juanita Davis told WDIV in Detroit. Thousands of people fatally shot by police, few prosecutions “It is absolutely true that the innocent citizens in Inkster shouldn’t have to put up with this, and they don’t have to,” said Dan Korobkin, deputy legal director of the ACLU of Michigan. “They ought to demand of their city council people, of their mayor, of their police chief and police officers — all of whom are accountable to the public — that they police this city by respecting the people of the city and complying with basic principles of decency and the constitution. “This is really an opportunity for residents of Inkster and any other municipality to say to the officials that enough is enough.” The true cost of police misconduct is rarely this clear. Piecemeal investigations have revealed astounding costs over a period of years. Critics have likened excessive lawsuits and settlements to a lottery for alleged victims. Often, the expensive legal settlements prompt calls for tort reform; some states have even capped judgments that can be paid out to victims. But not only do body cameras and dashboard cameras hold some promise of being a form of oversight that deters misconduct by officers; it also makes it clear when accusations of misconduct are justified, the ACLU’s Korobkin said.

Taxpayers are the ones most impacted by civil suits not police. Reuters 16
Reuters. "Police Misconduct Lawsuits Cost Taxpayers, Not Cops, Millions." July 28, 2016. https://www.rt.com/usa/311014-costs-police-misconduct-settlements/. SP
From big cities to small towns, American taxpayers are footing the bill for police gone rogue. When an officer or department is sued for police brutality or an in-custody death, the municipality is the one to pay up. And it’s costing taxpayers millions. Property taxes that would otherwise be used for schools, recreation centers, fixing potholes, cleaning up graffiti and other problems are instead being spent on lawsuits and settlements claiming police abuse or neglect. Inkster, an impoverished suburb of Detroit, Michigan, is issuing a one-time property tax assessment of nearly $200 levied on its residents’ properties... to cover settlements in police brutality cases, RT’s Manila Chan reported. One of those lawsuits involved Floyd Dent, a 57-year-old African-American man who was driving home one evening in January when he was pulled over and badly beaten by Inkster Police Department. The incident was all caught on the officer’s dashboard camera. Losing the lawsuit is costing the suburb nearly $1.4 million ‒ the largest settlement on local record. It’s a payment that Inkster, which has been on the brink of insolvency since 2008, can’t afford ‒ hence the property tax. But its residents can’t afford the $192 payment per property this month, either. In Inkster, the median home value is hovering around $55,000, the median household income is just over $26,000 and 38 percent of residents live below the poverty line. "It’s a stark reminder that police brutality has real consequences, not just for the victims who are physically hurt by it, but for the residents of the community that the police are supposed to be serving,” Dan Korobkin of the American Civil Liberties Union’s Michigan chapter told local press. Inkster is far from the only small town having to find ways to pay for police brutality and in-custody death settlements. On Monday, Snohomish County, Washington authorized a $620,000 payment to the family of Michael Saffioti, 22, who died of an allergy at the county jail three years ago. But the relatives say the actual settlement amount is four times higher, the Everett Daily Herald reported. “There was a global settlement discussed of $2.4 million,” the family’s attorney, Cheryl Snow, said. “The plaintiffs are concerned about the gross misrepresentation of the amount that’s claimed to be paid by Snohomish County and its insurers.” Not all costs associated with police brutality or neglect that leads to someone’s death while in custody are monetary, though. “One hidden cost: The perception that officers are violent can poison the relationship between residents and police,” the Baltimore Sun’s Mark Puente wrote in September, noting a trend of city police brutally mistreating residents, especially those in the poorer communities. In April, tensions in Baltimore broke out into unrest and riots after the in-custody death of Freddie Gray. The six officers involved in his arrest were all charged with crimes, up to and including second degree depraved-heart murder, after the state’s attorney ruled Gray’s death a homicide. According to the Sun’s six-month investigation into lawsuits, Baltimore paid some $5.7 million

Tournament: Alta | Round: 5 | Opponent: Sunset AB | Judge: Liz Letak
T – Policy

Interpretation - The AFF must defend hypothetical implementation of government action and legislative policy. 

This does not require the use of any particular style, type of evidence, or assumption about the role of the judge.  Solves their method good offense – they can read  as a framework argument to justify a government plan, there’s no reason voting off it is key.

Parcher 01 defines resolved

Parcher 1 (Jeff, Fmr. Debate Coach at Georgetown University, February, http://www.ndtceda.com/archives/200102/0790.html)

(1) Pardon me if I turn to a source besides Bill. American Heritage Dictionary: Resolve: 1. To make a firm decision about. 2. To decide or express by formal vote. 3. To separate something into constituent parts See Syns at *analyze* (emphasis in original) 4. Find a solution to. See Syns at *Solve* (emphasis in original) 5. To dispel: resolve a doubt. - n 1. Frimness of purpose; resolution. 2. A determination or decision.  (2) The very nature of the word "resolution" makes it a question. American Heritage: A course of action determined or decided on. A formal statemnt of a deciion, as by a legislature. (3) The resolution is obviously a question. Any other conclusion is utterly inconcievable. Why? Context. The debate community empowers a topic committee to write a topic for ALTERNATE side debating. The committee is not a random group of people coming together to "reserve" themselves about some issue. There is context - they are empowered by a community to do something. In their deliberations, the topic community attempts to craft a resolution which can be ANSWERED in either direction. They focus on issues like ground and fairness because they know the resolution will serve as the basis for debate which will be resolved by determining the policy desireablility of that resolution. That's not only what they do, but it's what we REQUIRE them to do. We don't just send the topic committee somewhere to adopt their own group resolution. It's not the end point of a resolution adopted by a body - it's the prelimanary wording of a resolution sent to others to be answered or decided upon. (4) Further context: the word resolved is used to emphasis the fact that it's policy debate. Resolved comes from the adoption of resolutions by legislative bodies. A resolution is either adopted or it is not. It's a question before a legislative body. Should this statement be adopted or not. (5) The very terms 'affirmative' and 'negative' support my view. One affirms a resolution. Affirmative and negative are the equivalents of 'yes' or 'no' - which, of course, are answers to a question.

B.  Violation:

The AFF is clearly not a government policy - individual criticism or rejection is not sufficient – they say .   

C.  Standards: 

1.  Legal change: 

A. Understanding the intricacies of politics and the state is a prerequisite to addressing oppression – their ideological critique falsely assumes that social relations rather than material structures create systemic oppression.  Bryant 12  

Bryant 12 – (9/15, Levi, professor of Philosophy at Collin College and Chair of the Critical Philosophy program at the New Centre for Research and Practice, “War Machines and Military Logistics: Some Cards on the Table,” https://larvalsubjects.wordpress.com/2012/09/15/war-machines-and-military-logistics-some-cards-on-the-table/).  NS

We need answers to these questions to intervene effectively. We can call them questions of “military logistics”. We are, after all, constructing war machines to combat these intolerable conditions. Military logistics asks two questions: first, it asks what things the opposing force, the opposing war machine captured by the state apparatus, relies on in order to deploy its war machine: supply lines, communications networks, people willing to fight, propaganda or ideology, people believing in the cause, etc. Military logistics maps all of these things. Second, military logistics asks how to best deploy its own resources in fighting that state war machine. In what way should we deploy our war machine to defeat war machines like racism, sexism, capitalism, neoliberalism, etc? What are the things upon which these state based war machines are based, what are the privileged nodes within these state based war machines that allows them to function? These nodes are the things upon which we want our nomadic war machines to intervene. If we are to be effective in producing change we better know what the supply lines are so that we might make them our target. What I’ve heard in these discussions is a complete indifference to military logistics. It’s as if people like to wave their hands and say “this is horrible and unjust!” and believe that hand waving is a politically efficacious act. Yeah, you’re right, it is horrible but saying so doesn’t go very far and changing it. It’s also as if people are horrified when anyone discusses anything besides how horribly unjust everything is. Confronted with an analysis why the social functions in the horrible way, the next response is to say “you’re justifying that system and saying it’s a-okay!” This misses the point that the entire point is to map the “supply lines” of the opposing war machine so you can strategically intervene in them to destroy them and create alternative forms of life. You see, we already took for granted your analysis of how horrible things are. You’re preaching to the choir. We wanted to get to work determining how to change that and believed for that we needed good maps of the opposing state based war machine so we can decide how to intervene. We then look at your actual practices and see that your sole strategy seems to be ideological critique or debunking. Your idea seems to be that if you just prove that other people’s beliefs are incoherent, they’ll change and things will be different. But we’ve noticed a couple things about your strategy: 1) there have been a number of bang-on critiques of state based war machines, without things changing too much, and 2) we’ve noticed that we might even persuade others that labor under these ideologies that their position is incoherent, yet they still adhere to it as if the grounds of their ideology didn’t matter much. This leads us to suspect that there are other causal factors that undergird these social assemblages and cause them to endure is they do. We thought to ourselves, there are two reasons that an ideological critique can be successful and still fail to produce change: a) the problem can be one of “distribution”. The critique is right but fails to reach the people who need to hear it and even if they did receive the message they couldn’t receive it because it’s expressed in the foreign language of “academese” which they’ve never been substantially exposed to (academics seem to enjoy only speaking to other academics even as they say their aim is to change the world). Or b) there are other causal factors involved in why social worlds take the form they do that are not of the discursive, propositional, or semiotic order. My view is that it is a combination of both. I don’t deny that ideology is one component of why societies take the form they do and why people tolerate intolerable conditions. I merely deny that this is the only causal factor. I don’t reject your political aims, but merely wonder how to get there. Meanwhile, you guys behave like a war machine that believes it’s sufficient to drop pamphlets out of an airplane debunking the ideological reasons that persuade the opposing force’s soldiers to fight this war on behalf of the state apparatus, forgetting supply lines, that there are other soldiers behind them with guns to their back, that they have obligations to their fellows, that they have families to feed or debt to pay off, etc. When I point out these other things it’s not to reject your political aims, but to say that perhaps these are also good things to intervene in if we wish to change the world. In other words, I’m objecting to your tendency to use a hammer to solve all problems and to see all things as a nail (discursive problems), ignoring the role that material nonhuman entities play in the form that social assemblages take. This is the basic idea behind what I’ve called “terraism”. Terraism has three components: 1) “Cartography” or the mapping of assemblages to understand why they take the form they take and why they endure. This includes the mapping of both semiotic and material components of social assemblages. 2) “Deconstruction” Deconstruction is a practice. It includes both traditional modes of discursive deconstruction (Derridean deconstruction, post-structuralist feminist critique, Foucaultian genealogy, Cultural Marxist critique, etc), but also far more literal deconstruction in the sense of intervening in material or thingly orders upon which social assemblages are reliant. It is not simply beliefs, signs, and ideologies that cause oppressive social orders to endure or persist, but also material arrangements upon which people depend to live as they do. Part of changing a social order thus necessarily involves intervening in those material networks to undermine their ability to maintain their relations or feedback mechanisms that allow them to perpetuate certain dependencies for people. Finally, 3) there is “Terraformation”. Terraformation is the hardest thing of all, as it requires the activist to be something more than a critic, something more than someone who simply denounces how bad things are, someone more than someone who simply sneers, producing instead other material and semiotic arrangements rendering new forms of life and social relation possible. Terraformation consists in building alternative forms of life. None of this, however, is possible without good mapping of the terrain so as to know what to deconstruct and what resources are available for building new worlds. Sure, I care about ontology for political reasons because I believe this world sucks and is profoundly unjust. But rather than waving my hands and cursing because of how unjust and horrible it is so as to feel superior to all those about me who don’t agree, rather than playing the part of the beautiful soul who refuses to get his hands dirty, I think we need good maps so we can blow up the right bridges, power lines, and communications networks, and so we can engage in effective terraformation.

B.  Anti politics creates material authoritarian oppression which outweighs since it affects people’s real lives instead of being ivory tower theorizing.  Boggs 97

Boggs 97 — Carl Boggs, 1997 (“The great retreat: Decline of the public sphere in late twentieth-century America,” Theory and Society, Volume 26, Issue 6, December, Available Online to Subscribing Institutions via SpingerLink, p. 773-775)

The decline of the public sphere in late twentieth-century America poses a series of great dilemmas and challenges. Many ideological currents scrutinized here — localism, metaphysics, spontaneism, post- modernism, Deep Ecology — intersect with and reinforce each other. While these currents have deep origins in popular movements of the 1960s and 1970s, they remain very much alive in the 1990s. Despite their different outlooks and trajectories, they all share one thing in common: a depoliticized expression of struggles to combat and overcome alienation. end page 773. The false sense of empowerment that comes with such mesmerizing impulses is accompanied by a loss of public engagement, an erosion of citizenship and a depleted capacity of individuals in large groups to work for social change. As this ideological quagmire worsens, urgent problems that are destroying the fabric of American society will go unsolved — perhaps even unrecognized — only to fester more ominously into the future. And such problems (ecological crisis, poverty, urban decay, spread of infectious diseases, technological displacement of workers) cannot be understood outside the larger social and global context of internationalized markets, finance, and communications. Paradoxically, the widespread retreat from politics, often inspired by localist sentiment, comes at a time when agendas that ignore or side-step these global realities will, more than ever, be reduced to impotence. In his commentary on the state of citizenship today, Wolin refers to the increasing sublimation and dilution of politics, as larger numbers of people turn away from public concerns toward private ones. By diluting the life of common involvements, we negate the very idea of politics as a source of public ideals and visions.74 In the meantime, the fate of the world hangs in the balance. The unyielding truth is that, even as the ethos of anti-politics becomes more compelling and even fashionable in the United States, it is the vagaries of political power that will continue to decide the fate of human societies.¶ This last point demands further elaboration. The shrinkage of politics hardly means that corporate colonization will be less of a reality, that social hierarchies will somehow disappear, or that gigantic state and military structures will lose their hold over people's lives. Far from it: the space abdicated by a broad citizenry, well-informed and ready to participate at many levels, can in fact be filled by authoritarian and reactionary elites — an already familiar dynamic in many lesser- developed countries. The fragmentation and chaos of a Hobbesian world, not very far removed from the rampant individualism, social Darwinism, and civic violence that have been so much a part of the American landscape, could be the prelude to a powerful Leviathan designed to impose order in the face of disunity and atomized retreat. In this way the eclipse of politics might set the stage for a reassertion of politics in more virulent guise — or it might help further rationalize the existing power structure. In either case, the state would likely become what Hobbes anticipated: the embodiment of those universal, collective interests that had vanished from civil society.75 end page 774¶ The historic goal of recovering politics in the Aristotelian sense, therefore, suggests nothing less than a revitalized citizenry prepared to occupy that immense expanse of public space. Extension of democratic control into every area of social life requires insurgency against the charade of normal politics, since the persistence of normal politics is just another manifestation of anti-politics. If authentic citizenship is to be forged, then information, skills, and attitudes vital to political efficacy need to flourish and be widely distributed throughout the population, without this, “consciousness transformation” is impossible, or at least politically meaningless. A debilitating problem with the culture of anti-politics, however, is that it precisely devalues those very types of information, skills, and attitudes.

C.  The state is inevitable - their resistance fails without a concrete plan of action.  Day 09

Day 09 – (Christopher, The Historical Failure of Anarchism: Implications for the Future of the Revolutionary Project, http://mikeely.files.wordpress.com/2009/07/historical_failure_of_aanarchism_chris_day_kasama.pdf).  NS

The strength of anarchism is its moral insistence on the primacy of human freedom over political expediency. But human freedom exists in a political context. It is not sufficient, however, to simply take the most uncompromising position in defense of freedom. It is neccesary to actually win freedom. Anti-capitalism doesn’t do the victims of capitalism any good if you don’t actually destroy capitalism. Anti-statism doesn’t do the victims of the state any good if you don’t actually smash the state. Anarchism has been very good at putting forth visions of a free society and that is for the good. But it is worthless if we don’t develop an actual strategy for realizing those visions. It is not enough to be right, we must also win. Continues… Finally revolutionaries have a responsibility to have a plausible plan for making revolution. Obviously there are not enough revolutionaries to make a revolution at this moment. We can reasonably anticipate that the future will bring upsurges in popular opposition to the existing system. Without being any more specific about where those upsurges might occur it seems clear that it is from the ranks of such upsurges that the numbers of the revolutionary movement will be increased, eventually leading to a revolutionary situation (which is distinguished from the normal crises of the current order only by the existence of a revolutionary movement ready to push things further). People who are fed up with the existing system and who are willing to commit themselves to its overthrow will look around for likeminded people who have an idea of what to do. If we don’t have a plausible plan for making revolution we can be sure that there will be somebody else there who will. There is no guarantee that revolutionary-minded people will be spontaneously drawn to anti-authoritarian politics. The plan doesn’t have to be an exact blueprint. It shouldn’t be treated as something sacred. It should be subject to constant revision in light of experience and debate. But at the very least it needs to be able to answer questions that have been posed concretely in the past. We know that we will never confront the exact same circumstances as previous revolutions. But we should also know that certain problems are persistent ones and that if we can’t say what we would have done in the past we should not expect people to think much of our ability to face the future. 

We solve their offense:

A. Using the government strategically doesn’t legitimate it – hate crime laws that stopped KKK members from lynching black people didn’t change the entire system, but they were a step in the right direction as a demand from black communities.  

B.  Defending a plan doesn’t require assimilation into the government.  Harris 13

Scott Harris, Director of Debate, Kansas University, 2013, This Ballot, http://www.cedadebate.org/forum/index.php?topic=4762.0 CC

While this ballot has meandered off on a tangent I’ll take this opportunity to comment on an unrelated argument in the debate. Emporia argued that oppressed people should not be forced to role play being the oppressor. This idea that debate is about role playing being a part of the government puzzles me greatly. While I have been in debate for 40 years now never once have I role played being part of the government. When I debated and when I have judged debates I have never pretended to be anyone but Scott Harris. Pretending to be Scott Harris is burden enough for me. Scott Harris has formed many opinions about what the government and other institutions should or should not do without ever role playing being part of those institutions. I would form opinions about things the government does if I had never debated. I cannot imagine a world in which people don’t form opinions about the things their government does. I don’t know where this vision of debate comes from. I have no idea at all why it would be oppressive for someone to form an opinion about whether or not they think the government should or should not do something. I do not role play being the owner of the Chiefs when I argue with my friends about who they should take with the first pick in this year’s NFL draft. I do not role play coaching the basketball team or being a player if I argue with friends about coaching decisions or player decisions made during the NCAA tournament. If I argue with someone about whether or not the government should use torture or drone strikes I can do that and form opinions without ever role playing that I am part of the government. Sometimes the things that debaters argue is happening in debates puzzle me because they seem to be based on a vision of debate that is foreign to what I think happens in a debate round.

C.  The state is inevitably a unit of analysis given that it exists now even if we want to move beyond it.  Frost 96

Mervyn Frost, U of Kent, 1996, Ethics in Int’l Relations, p. 90-1.  NS

A first objection which seems inherent in Donelan’s approach is that utilizing the modern state domain of discourse in effect sanctifies the state: it assumes that people will always live in states and that it is not possible within such a language to consider alternatives to the system.  This objection is not well founded, by having recourse to the ordinary language of international relations I am not thereby committed to argue that the state system as it exists is the best mode of human political organization or that people ought always to live in states as we know them.  As I have said, my argument is that whatever proposals for piecemeal or large-scale reform of the state system are made, they must of necessity be made in the language of the modern state.  Whatever proposals are made, whether in justification or in criticism of the state system, will have to make use of concepts which are at present part and parcel of the theory of states. Thus,for example. any proposal for a new global institutional arrangement superseding the state system will itself have to be justified, and that justification will have to include within it reference to a new and good form of individual citizenship, reference to a new legislative machinery equipped with satisfactory checks and balances, reference to satisfactory law enforcement procedures, reference to a satisfactory arrangement for distributing the goods produced in the world, and so on. All of these notions are notions which have been developed and finely honed within the theory of the modern state. It is not possible to imagine a justification of a new world order succeeding which used, for example, feudal, or traditional/tribal, discourse. More generally there is no worldwide language of political morality which is not completely shot through with state-related notions such as citizenship, rights under law, representative government and so on.

2.  Procedural fairness:

A.  Predictability - Non state advocacies mean they can defend incredibly vague advocacies making it unclear what DAs the 1NC can read – also allows massive 1AR shifts to clarify their advocacy and delink from all NEG offense.  Defending a policy means there are clear legislative steps we can contest.  

B.  Ground - The majority of NEG arguments come from policy enforcement, like  _.  Generic Ks of their method will always lose to the specificity of the plan and a case specific prep advantage

This is an independent voting issue which outweighs:

A.  Evaluation – even if their arguments seem true, that’s only because they already had an advantage – fairness is a meta constraint on your ability to determine who best meets their ROB.
B.  Fairness is key to effective dialogue.  Galloway 07

Ryan, “DINNER AND CONVERSATION AT THE ARGUMENTATIVE TABLE: RECONCEPTUALIZING DEBATE AS AN ARGUMENTATIVE DIALOGUE”, Contemporary Argumentation and Debate, Vol. 28 (2007)

Debate as a dialogue sets an argumentative table, where all parties receive a relatively fair opportunity to voice their position. Anything that fails to allow participants to have their position articulated denies one side of the argumentative table a fair hearing. The affirmative side is set by the topic and fairness requirements. While affirmative teams have recently resisted affirming the topic, in fact, the topic selection process is rigorous, taking the relative ground of each topic as its central point of departure. Setting the affirmative reciprocally sets the negative. The negative crafts approaches to the topic consistent with affirmative demands. The negative crafts disadvantages, counter-plans, and critical arguments premised on the arguments that the topic allows for the affirmative team. According to fairness norms, each side sits at a relatively balanced argumentative table. When one side takes more than its share, competitive equity suffers. However, it also undermines the respect due to the other involved in the dialogue. When one side excludes the other, it fundamentally denies the personhood of the other participant (Ehninger, 1970, p. 110). A pedagogy of debate as dialogue takes this respect as a fundamental component. A desire to be fair is a fundamental condition of a dialogue that takes the form of a demand for equality of voice. Far from being a banal request for links to a disadvantage, fairness is a demand for respect, a demand to be heard, a demand that a voice backed by literally months upon months of preparation, research, and critical thinking not be silenced. Affirmative cases that suspend basic fairness norms operate to exclude particular negative strategies. Unprepared, one side comes to the argumentative table unable to meaningfully participate in a dialogue. They are unable to “understand what ‘went on…’” and are left to the whims of time and power (Farrell, 1985, p. 114). Hugh Duncan furthers this line of reasoning: Opponents not only tolerate but honor and respect each other because in doing so they enhance their own chances of thinking better and reaching sound decisions. Opposition is necessary because it sharpens thought in action. We assume that argument, discussion, and talk, among free an informed people who subordinate decisions of any kind, because it is only through such discussion that we reach agreement which binds us to a common cause…If we are to be equal…relationships among equals must find expression in many formal and informal institutions (Duncan, 1993, p. 196-197). Debate compensates for the exigencies of the world by offering a framework that maintains equality for the sake of the conversation (Farrell, 1985, p. 114). For example, an affirmative case on the 2007-2008 college topic might defend neither state nor international action in the Middle East, and yet claim to be germane to the topic in some way. The case essentially denies the arguments that state action is oppressive or that actions in the international arena are philosophically or pragmatically suspect. Instead of allowing for the dialogue to be modified by the interchange of the affirmative case and the negative response, the affirmative subverts any meaningful role to the negative team, preventing them from offering effective “counter-word” and undermining the value of a meaningful exchange of speech acts. Germaneness and other substitutes for topical action do not accrue the dialogical benefits of topical advocacy.

Voter: Drop the debater on T – our state good offense justifies a counter ROB which outweighs and turns theirs.  Also, the round is already skewed from the beginning because their advocacy excluded by ability to generate NC offense– letting them sever doesn’t solve any of the abuse

Vote on substantive engagement:  otherwise we’re speaking without debating and there’s nothing to separate us from dueling oratory.   It also creates the most valuable long-term skills since we need to learn how to defend our beliefs in any context, like politics.
Drop the debater on T:

A. Hold them accountable for their interp – a topical advocacy frames the debate - drop the arg lets them jump ship to a new layer killing NEG ground.
B. Drop the arg on T is the same thing as drop the debater since T indicts their advocacy 

Competing interps since reasonability invites arbitrary judge intervention based on preference rather than argumentation and encourages a race to the bottom in which debaters exploit a judge’s tolerance for questionable argumentation.

No RVIs
A. Topicality is a prima facie burden for the AFF. You wouldn’t vote for them just because they didn’t speak over their time limits and you shouldn’t vote for them for following the most basic rule of debate.
B. They incentivize debaters to go all in in theory and bait it with abusive practices, killing substantive clash on other flows.
Case

Agamben’s kritik fails, another state formation will always rise instead we should use the state in strategic instances for responsibility of human needs.

Passavant, 2007 (Paul A, Political Theory 2007; 35; 147, “The Contradictory State of Giorgi Agamben,” http://ptx.sagepub.com/cgi/content/abstract/35/2/147, Pg25-26)
Finally, Agamben indicates, through the example of the apostle Paul and the remnant of those who faithfully adhere to messianic law, the possibility of active political subjects adequate to the challenge of state sovereignty. This argument, however, contradicts his earlier positions embracing potentiality over the acts emblematic of sovereign decisions, and an experience of being beyond any idea of law. It also, by relying on a determinate situation to create the conditions of possibility for a successful speech act, occludes the forms of power needed to maintain this situation against other ontological possibilities much as his first theory of passage beyond the state of integrated spectacle did. This argument also begs the question of how this messianic community might relate to that which remains other to its situation. That is, Agamben must address the very questions that his ontological approach to state sovereignty intended to avoid— questions of power and otherness. In sum, Agamben remains haunted by the very problems that motivated not only his critique of the state but also his attempt to remove this inquiry from political philosophy to “first” philosophy. 43 At the end of Agamben’s theory of the state, politics remains. There are four implications of this critique for political theory and the state. First, the modern state is poorly understood as transcendent, unitary,  and sovereign. The “state” encompasses a variety of institutions, many of which predate modernity.44 The Foucauldian understanding of government, I suggested, is the practice by which articulations between these institutions are forged—and non-state institutions are joined to this chain—and they are mobilized toward various purposes. The plural nature of this ensemble is precisely what gives extension to the modern state.45 Second, if we treat the state as an ensemble of institutions, then the concept of a state of emergency is poorly suited to understanding our political present. Agamben rightly criticizes the USA PATRIOT Act in State of Exception. This law, like most laws that are passed in an ongoing legal system, amends a variety of other laws and sits on a foundation created by these other laws, such as the Antiterrorism and Effective Death Penalty Act of 1996. The Antiterrorism Act created the possibility of attributing guilt by association since it criminalized the provision of material support for organizations that the administration deems “terrorist”—provisions that the USA PATRIOT Act builds upon.46 From this perspective, current policies are less “exceptional,” unfortunately, and more a continuing development of a national security state apparatus that has been built through legislation like the National Security Act of 1947, through discourse, and through the creation of stakeholders (the military-industrial complex).47 In other words, another state formation is struggling to emerge through the ruin of liberal democracy in the United States, and this emergence (and ruin) is hastened by those who seek to enhance surveillance and presidential powers, while diminishing the power of courts and legislative oversight as a response to September 11, 2001.48 Third, any social formation is constituted by elements of both contingency and determination. By emphasizing pure potentiality, Agamben misses this and either cherishes the excessive quality of pure potentiality to the neglect of the exigent needs of the present, or neglects how the active political subjects he does defend are embedded within finite commitments that necessarily persevere through the foreclosure of other possibilities. Some contemporary political theorists concerned with injustice and the lack of democracy also emphasize contingency, excess, and potentiality over determination, finitude, and acts.49 These theorists correctly seek to disrupt oppressive patterns. Since politics—hence political change—would  not be possible under conditions of absolute determination, emphasizing contingency or excess makes sense. Yet reflection upon the retraction of certain state services from places like the Bronx during the late 1970s permits us to see how neither justice nor democracy is served by excessive economic duress or violence. Not only are these contingencies unjust, but also their incapacitating effects prevent democratic practices of government where the latter necessarily presupposes some collective capacity to direct and achieve collective purposes. State actions that mitigate chaos, economic inequality, and violence, then, potentially contribute to the improved justice of outcomes and democracy. Political theorists must temper celebrating contingency with a simultaneous consideration of the complicated relation that determination has to democratic purposes.5 Fourth, the state’s institutions are among the few with the capacity to respond to the exigency of human needs identified by political theorists. These actions will necessarily be finite and less than wholly adequate, but responsibility may lie on the side of acknowledging these limitations and seeking to redress what is lacking in state action rather than calling for pure potentiality and an end to the state. We may conclude that claims to justice or democracy based on the wish to rid ourselves of the state once and for all are like George W. Bush claiming to be an environmentalist because he has proposed converting all of our cars so that they will run on hydrogen.51 Meanwhile, in the here and now, there are urgent claims that demand finite acts that by definition will be both divisive and less than what a situation demands.52 In the end, the state remains. Let us defend this state of due process and equal protection against its ruinous other.

. Liberal democratic protections prevent the slide to totalitarianism.  Heins 05

Heins, 05  (Volker, visiting professor of political science at Concordia University and Senior Fellow at the Institute for Social Research in Frankfurt, 6 German Law Journal No. 5, May,
http://www.germanlawjournal.com/article.php?id=598)

According to this basic Principle of Distinction, modern humanitarian action is directed towards those who are caught up in violent conflicts without possessing any strategic value for the respective warring parties. Does this imply that classic humanitarianism and its legal expressions reduce the lives of noncombatants to the "bare life" of nameless individuals beyond the protection of any legal order? I would rather argue that humanitarianism is itself an order-making activity. Its goal is not the preservation of life reduced to a bare natural fact, but conversely the protection of civilians and thereby the protection of elementary standards of civilization which prevent the exclusion of individuals from any legal and moral order. The same holds true for human rights, of course. Agamben fails to appreciate the fact that human rights laws are not about some cadaveric "bare life", but about the protection of moral agency.  His sweeping critique also lacks any sense for essential distinctions. It may be legitimate to see "bare life" as a juridical fiction nurtured by the modern state, which claims the right to derogate from otherwise binding norms in times of war and emergency, and to kill individuals, if necessary, outside the law in a mode of "effective factuality." Agamben asserts that sovereignty understood in this manner continues to function in the same way since the seventeenth century and regardless of the democratic or dictatorial structure of the state in question. This claim remains unilluminated by the wealth of evidence that shows how the humanitarian motive not only shapes the mandate of a host state and nonstate agencies, but also serves to restrict the operational freedom of military commanders in democracies, who cannot act with impunity and who do not wage war in a lawless state of nature. Furthermore, Agamben ignores the crisis of humanitarianism that emerged as a result of the totalitarian degeneration of modern states in the twentieth century. States cannot always be assumed to follow a rational self-interest which informs them that there is no point in killing others indiscriminately. The Nazi episode in European history has shown that sometimes leaders do not spare the weak and the sick, but take extra care not to let them escape, even if they are handicapped, very old or very young. Classic humanitarianism depends on the existence of an international society whose members feel bound by a basic set of rules regarding the use of violence—rules which the ICRC itself helped to institutionalize. Conversely, classic humanitarianism becomes dysfunctional when states place no value at all on their international reputation and see harming the lives of defenseless individuals not as useless and cruel, but as part of their very missionThe founders of the ICRC defined war as an anthropological constant that produced a continuous stream of new victims with the predictable regularity and unavoidability of floods or volcanic eruptions. Newer organizations, by contrast, have framed conditions of massive social suffering as a consequence of largely avoidable political mistakes. The humanitarian movement becomes political, to paraphrase Carl Schmitt, in so far as it orients itself to humanitarian states of emergency, the causes of which are located no longer in nature, but in society and politics. Consequently, the founding generation of the new humanitarian organizations have freed themselves from the ideals of apolitical philanthropy and chosen as their new models historical figures like the Swedish diplomat Raoul Wallenberg, who saved thousands of Jews during the Second World War. In a different fashion than Agamben imagines, the primary concern in the field of humanitarian intervention and human rights politics today is not the protection of bare life, but rather the rehabilitation of the lived life of citizens who suffer, for instance, from conditions such as post-traumatic stress disorder. At the same time, there is a field of activity emerging beneath the threshold of the bare life. In the United States, in particular, pathologists working in conjunction with human rights organizations have discovered the importance of corpses and corporal remains now that it is possible to identify reliable evidence for war crimes from exhumed bodies.

1.  We need to learn about the complex state, even if it’s bad, to create effective solutions.  Zanotti 14

Dr. Laura Zanotti is an Associate Professor of Political Science at Virginia Tech.  Her research and teaching include critical political theory as well as international organizations, UN peacekeeping, democratization and the role of NGOs in post-conflict governance.“Governmentality, Ontology, Methodology: Re-thinking Political Agency in the Global World” – Alternatives: Global, Local, Political – vol 38(4):p. 288-304,. A little unclear if this is late 2013 or early 2014 – The Stated “Version of Record” is Feb 20, 2014, but was originally published online on December 30th, 2013. Obtained via Sage Database.  NS from file

By questioning substantialist representations of power and subjects, inquiries on the possibilities of political agency are reframed in a way that focuses on power and subjects’ relational character and the contingent processes of their (trans)formation in the context of agonic relations. Options for resistance to governmental scripts are not limited to ‘‘rejection,’’ ‘‘revolution,’’ or ‘‘dispossession’’ to regain a pristine ‘‘freedom from all constraints’’ or an immanent ideal social order. It is found instead in multifarious and contingent struggles that are constituted within the scripts of governmental rationalities and at the same time exceed and transform them. This approach questions oversimplifications of the complexities of liberal political rationalities and of their interactions with non-liberal political players and nurtures a radical skepticism about identifying universally good or bad actors or abstract solutions to political problems. International power interacts in complex ways with diverse political spaces and within these spaces it is appropriated, hybridized, redescribed, hijacked, and tinkered with. Governmentality as a heuristic focuses on performing complex diagnostics of events. It invites historically situated explorations and careful differentiations rather than overarching demonizations of ‘‘power,’’ romanticizations of the ‘‘rebel’’ or the ‘‘the local.’’ More broadly, theoretical formulations that conceive the subject in non-substantialist terms and focus on processes of subjectification, on the ambiguity of power discourses, and on hybridization as the terrain for political transformation, open ways for reconsidering political agency beyond the dichotomy of oppression/rebellion. These alternative formulations also foster an ethics of political engagement, to be continuously taken up through plural and uncertain practices, that demand continuous attention to ‘‘what happens’’ instead of fixations on ‘‘what ought to be.’’  Such ethics of engagement would not await the revolution to come or hope for a pristine ‘‘freedom’’ to be regained. Instead, it would constantly attempt to twist the working of power by playing with whatever cards are available and would require intense processes of reflexivity on the consequences of political choices. To conclude with a famous phrase by Michel Foucault ‘‘my point is not that everything is bad, but that everything is dangerous, which is not exactly the same as bad. If everything is dangerous, then we always have something to do. So my position leads not to apathy but to hyper- and pessimistic activism.’’84 

No biopolitical violence impact
Jonathan Short 5, Ph.D. candidate in the Graduate Programme in Social and Political Thought, York University, “Life and Law: Agamben and Foucault on Governmentality and Sovereignty,” Journal for the Arts, Sciences and Technology, Vol. 3, No. 1
Adding to the dangerousness of this logic of control, however, is that while there is a crisis of undecidability in the domain of life, it corresponds to a similar crisis at the level of law and the national state. It should be noted here that despite the new forms of biopolitical control in operation today, Rose believes that bio-politics has become generally less dangerous in recent times than even in the early part of the last century. At that time, bio- politics was linked to the project of the expanding national state in his opinion. In disciplinary-pastoral society, bio-politics involved a process of social selection of those characteristics thought useful to the nationalist project. Hence, according to Rose, "once each life has a value which may be calculated, and some lives have less value than others, such a politics has the obligation to exercise this judgement in the name of the race or the nation" (2001: 3). Disciplinary-pastoral bio- politics sets itself the task of eliminating "differences coded as defects", and in pursuit of this goal the most horrible programs of eugenics, forced sterilization, and outright extermination, were enacted (ibid.: 3). If Rose is more optimistic about bio-politics in 'advanced liberal' societies, it is because this notion of 'national fitness', in terms of bio- political competition among nation-states, has suffered a precipitous decline thanks in large part to a crisis of the perceived unity of the national state as a viable political project (ibid.: 5). To quote Rose once again, "the idea of 'society' as a single, if heterogeneous, domain with a national culture, a national population, a national destiny, co-extensive with a national territory and the powers of a national political government" no longer serves as premises of state policy (ibid.: 5). Drawing on a sequential reading of Foucault's theory of the governmentalization of the state here, Rose claims that the territorial state, the primary institution of enclosure, has become subject to fragmentation along a number of lines. National culture has given way to cultural pluralism; national identity has been overshadowed by a diverse cluster of identifications, many of them transcending the national territory on which they take place, while the same pluralization has affected the once singular conception of community (ibid.: 5). Under these conditions, Rose argues, the bio-political programmes of the molar enclosure known as the nation-state have fallen into disrepute and have been all but abandoned. 

Turn - Biopower operates to sustain life-not kill it—and rejecting it risks creating more attrocities
Ojakangas, 2005 (Mike, Helsinki Collegium for Advanced Studies, Finland
 “Impossible Dialogue on Bio-power Agamben and Foucault,” Foucault Studies, May, http://www.foucault-studies.com/no2/ojakangas1.pdf)

In fact, the history of modern Western societies would be quite incomprehensible without taking into account that there exists a form of power which refrains from killing but which nevertheless is capable of directing people’s lives. The effectiveness of bio‐power can be seen lying precisely in that it refrains and withdraws before every demand of killing, even though these demands would derive from the demand of justice. In bio‐ political societies, according to Foucault, capital punishment could not be maintained except by invoking less the enormity of the crime itself than the monstrosity of the criminal: “One had the right to kill those who represented a kind of biological danger to others.”112 However, given that the “right to kill” is precisely a sovereign right, it can be argued that the bio‐political societies analyzed by Foucault were not entirely bio‐political. Perhaps, there neither has been nor can be a society that is entirely bio‐political. Nevertheless, the fact is that present‐day European societies have abolished capital punishment. In them, there are no longer exceptions. It is the very “right to kill” that has been called into question. However, it is not called into question because of enlightened moral sentiments, but rather because of the deployment of bio‐political thinking and practice. For all these reasons, Agamben’s thesis, according to which the concentration camp is the fundamental bio‐political paradigm of the West, has to be corrected.113 The bio‐political paradigm of the West is not the concentration camp, but, rather, the present‐day welfare society and, instead of homo sacer, the paradigmatic figure of the bio‐political society can be seen, for example, in the middle‐class Swedish social‐democrat. Although this figure is an object – and a product – of the huge bio‐political machinery, it does not mean that he is permitted to kill without committing homicide. Actually, the fact that he eventually dies, seems to be his greatest “crime” against the machinery. (In bio‐political societies, death is not only “something to be hidden away,” but, also, as Foucault stresses, the most “shameful thing of all”.114) Therefore, he is not exposed to an unconditional threat of death, but rather to an unconditional retreat of all dying. In fact, the bio‐political machinery does not want to threaten him, but to encourage him, with all its material and spiritual capacities, to live healthily, to live long and to live happily – even when, in biological terms, he “should have been dead long ago”.115 This is because bio‐power is not bloody power over bare life for its own sake but pure power over all life for the sake of the living. It is not power but the living, the condition of all life – individual as well as collective – that is the measure of the success of bio‐power. Another important question is whether these bio‐political societies that started to take shape in the seventeenth century (but did not crystallize until the 1980s) are ideologically, especially at the level of practical politics, collapsing – to say nothing about the value of the would‐be collapse. One thing is clear, however. At the global level, there has not been, and likely will not be, a completely bio‐political society. And to the extent that globalization takes place without bio‐political considerations of health and happiness of individuals and populations, as it has done until now, it is possible that our entire existence will someday be reduced to bare life, as has already occurred, for instance, in Chechnya and Iraq. On that day, perhaps, when bio‐political care has ceased to exist, and we all live within the sovereign ban of Empire without significance, we can only save ourselves, as Agamben suggests, “in perpetual flight or a foreign land”116 – although there will hardly be either places to which to flee, or foreign lands. 

The k has ZERO explanatory power – the plan tactical deployment is effective and alters the essence of the law – no risk of escalating violence
Ross, 12 “Agamben’s Political Paradigm of the Camp: Its Features and Reasons” Alison Ross is Lecturer in Critical Theory in the Centre for Comparative Literature and Cultural Studies, Monash University, Australia, Constellations Volume 19, No 3, 2012, p. Blackwell Publications
The difficulty here is that Agamben, given the ahistoricity of his theory, is unable to provide an account of why the state of exception has become a problem at this particular point in time. Similarly, he claims that the law is more likely to bring violence into play now, in the present historical juncture, than ever before, a claim that pertains to questions of fact. Agamben, however, cannot draw a link between the thesis concerning law’s “constitutive violence” and current circumstances because he pays no attention to issues such as historical relationships between political institutions and policing mechanisms, which disciplines like political sociology deal with. Agamben’s ontological theses regarding the “essence” of the law do not help in attending to the historical problem his theory needs to be able to address: namely, to show the process by which “the state of exception has become the norm.” More generally, it is difficult to see how his commitment to such theses sheds any light on the workings of the law. Agamben sees the purported “legitimacy of law” as a ruse of the liberal state, which in the social contract narrative claims legitimacy for law on account of its protection of otherwise vulnerable life. This position may usefully be compared with Foucault’s comments on the same topic. Foucault addresses the topic of law’s legitimacy from two different angles. First, he sees in political philosophy’s interest in the question of the features that qualifysovereign power as legitimate a tendency to avoid the crucial question of how “legitimate” power actually operates. In this sense, the account he provides in his work on prisons of how law’s violence manifests in penal institutions is a critique of the adequacy of the theory of sovereignty to form an accurate picture of the complex forces and instruments involved in social organization.32 Second, in his 1978–9 lectures on biopolitics, Foucault argues that liberalism is a government of life rather than the exercise of sovereignty over life and death. His analysis of the policy direction of post-war German intellectuals is premised on the assumption that their activities were strategically meaningful. Their social integration and state building initiatives were based on the goal of economic success. Even their “power politics” were staked on rapid economic growth.33 Foucault’s analysis of liberalism follows an injunction comparable to his focus on reformist manuals and prison plans in Discipline and Punish. Institutional practices do not function independently of what people think about them. They are intelligible precisely because they embody strategically considered ends (even if these ends are not realized or contained by those strategies).34 C _ 2012 Blackwell Publishing Ltd. 428 Constellations, Volume 19, Issue 3, 2012 The premise of Agamben’s analysis, in contrast, renders power senseless. What possible intelligible motives might Agamben’s sovereign have for wanting perpetual and unlimited disposition over the physical existence of its subjects in the manner of a Nazi camp warden? This question cannot be raised in Agamben’s scheme. Moreover, it is precisely because the law is not – as Agamben’s analysis assumes – an objective mechanism that could function independently of what people think about it that he obscures how the different ways in which the law is experienced as legitimate (e.g., in its strategic deployment to realize specific ends) can affect its “essential nature.” This renders Agamben’s thesis of the “constitutive violence” of the law, if not unintelligible, at least inscrutable. Is it the way political institutions are shaped or the way human individuals are conceptualized in legal doctrine that produces this state of affairs? The deficiencies of this perspective can partly be found in the ontological nature of his framework, which thus has very little to do with an inquiry into institutional features and practices. It aims to pose questions regarding legal institutions and practices at the “fundamental” level of the forces or elements that drive history. His fascination with the terminology of the “exception” as the incisive political vocabulary for our times is a case in point. His use of this terminology marks out extreme situations not as anomalous, but as if they had general significance. This mode of argumentation necessarily looks past the task of analyzing institutional functioning because it imports the grammar of such functioning from the “exceptional” situation. iii. Agamben treats those subject to law as totally passive “bodies.” His focus on the camp situation is telling because this is the only situation where his doctrine seems to work: in the extermination camp, action does not meet other actions, but bodies. Foucault insisted that this type of situation was not a relation of power, but one of submission to force.35 Similarly, sociological models of social interaction differentiate the study of social organization defined as actions influencing other actions from situations of crude force. Since he is so often contemptuous of the assumptions of liberalism, it is worth comparing Agamben’s position on this question of force with that of liberalism. Classical liberal theory acknowledges the ultimate dependence of order on relations of force; it holds the unification of the aggregate force of society under a single coercive law to be the virtue of the state. The purpose of such force is the protection of the members of its aggregate body. However, there are limits on the capacity of force to decide conflicts internal to this aggregate body. These limits are a central topic in liberal political philosophy, which sees reliance on force to manage social conflicts as a sign of the system’s weakness: such reliance places inflationary pressure on force, thus devaluing it. “Force” as it is understood and used in liberal political theory is a differential quantity that has to present itself and be received as a “quality,” as authority, on the pain of dissipation. In The State and the Rule of Law, Blandine Kriegel reads the history of theories of the state in these terms, emphasizing the perils of naked reliance on force pointed out in such theories. She notes, for instance, that theorists of the state since Bodin have found the state that restrains itself in its use of force and its extension of powers more powerful than one with unlimited powers.36 The question of force can also be approached from the perspective of other mechanisms that are important for social organization and that presuppose the existence of distinct currencies that pertain to the different media of the social system. Liberal theory acknowledges the findings of political sociology that describes how social order is constituted through, for instance, symbolic integration and economic instruments. Social integration and organization take place in multiple dimensions or media: symbolic (cultural, ideological, etc.), C _ 2012 Blackwell Publishing Ltd. Agamben’s Political Paradigm of the Camp: Alison Ross 429 economic, and political (participation in collective decisions at various levels).37 Talcott Parsons attempted to define the problem of social interaction in terms of “systems of action” that use different “symbolically generalized media of communication” where action influences action. As part of this approach, he maintained the importance of patterns of interaction in establishing and reinforcing expectations for the functioning of such media. When a cultural system changes, this marks the introduction of a new pattern whose meaning is intelligible to and expected by social actors.38 In particular, Parsons was interested to account for the interaction between social, cultural, and personality systems. These relationships are all bidirectional according to him; that is, these symbolic systems are intelligible to agents whose action is susceptible to the “actions” of social and cultural systems of meaning.39 This approach is important not just because of the elements it deploys to explain social organization, but because of the image it produces of such organization. I will return to this point in my concluding remarks to this paper. The economic system is based on interactions in which actors select actions that will optimize their ends. They want to act “in the most profitable way to achieve the highest benefits when costs are substantial.” In this system, the symbolic medium of money is ordered according to a specific set of norms for its use and acquisition. Within the system, money is not replaceable by force. For instance, as a legitimate means for acquiring property, the use of money as a symbolic mechanism of exchange forbids as illegitimate “the use of force” for property acquisition.40 Similarly, in the political system, force is understood as an abortive way of managing conflicting goals since it is susceptible to counter-action by the force of others. It thus fails to make decisions that could bind everyone in a social system. The political system uses forms of collective decision-making to maximize the realization of actors’ specific goals. Legitimate political power is a general medium that can make collectively binding and effective decisions in a way that force cannot.41 Insofar as such mechanisms are effective, they are real; and they need to be understood and analyzed in terms of their actual mechanics and dynamics, not dismissed as masks.42 With these comments I do not intend to mount a defence of liberal political philosophy. Rather, I want to ask whether Agamben’s style of analysis allows things to be seen more clearly than they are in sociologically influenced liberal theory. Agamben’s criticisms of law are directed to the potential he sees realized in the camps to hold life in a relation of exposure to pure force. Of course, the critical stand he takes on law is explicable in terms of the ontological perspective he adopts, but we need to ask whether adopting this stance helps us illuminate current political circumstances. Why, for instance, does he choose to explain what happens in the camp as a potential of liberal law, rather than as a degradation of liberal protections?43 Additionally, how useful are categories crafted in the field of jurisprudence, which have their proper register of application within this field, for the purpose of describing what occurs in extreme situations like the camp? What makes the camp analogy especially unsuitable as a paradigm for understanding the organization of a society is that the “camp population,” unlike society, is not meant to have a future (and here one needs think of all those things that are required for a society to have a future: from material production to symbolic identity, etc.). The murderous contempt shown the camp inmate is simply not a viable option for a state.

Tournament: Damus | Round: 1 | Opponent: Peninsula IG | Judge: Olivia Panchal
CRB CP and Hollow Hope DA

See open source

Tournament: Damus | Round: 3 | Opponent: Peninsula KL | Judge: Adam Bistagne
1NC

Governments 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 policies 

CRBs are a legitimate alternative to immunity reform- their decisions affect the ‘clearly established’ doctrine which solves the case without judicial change
Meltzer, JD, 14
(Ryan E., Texas LR 92: 1277 Qualified Immunity and Constitutional-Norm Generation in the Post-Saucier Era: “Clearly Establishing” the Law Through Civilian Oversight of Police)
In the course of investigating discrete incidents of alleged police misconduct, civilian external investigatory bodies engage in fact-finding and identification and application of governing legal standards in much the same way as a court assesses a motion to suppress evidence or a § 1983 claim alleging a deprivation of constitutional rights.31 More importantly, these bodies constantly encounter novel factual scenarios, particularly ones implicating the Fourth Amendment,32 such that their findings epitomize the sort of fact-specific guidance endorsed by the Court.33 Further, to the extent that they are empowered to make policy recommendations to the police departments they oversee, civilian external investigatory bodies also resemble compliance agencies like the U.S. Department of Justice (DOJ), whose advisory reports have helped to provide the sort of “notice” required to overcome an official’s qualified immunity.34 Consequently, the Court’s qualified immunity jurisprudence appears to permit the findings of such bodies to contribute to the clearly-established-law analysis. At present, however, the work of civilian external investigatory bodies—work that produces a wealth of valuable information and often confronts constitutional questions that might otherwise escape formal adjudication— is largely divorced from that of the courts.35 This state of affairs represents a costly missed opportunity, especially in the wake of Pearson. (1281-2)

The CP Solves the Case 

1. Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff’s internal legal reform drives police misconduct underground- it’s a trap
   Akbar, 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)
   This Article has attempted to identify the problems with community engagement and counterradicalization in the national security context, drawing from the critiques of community policing and broken windows in the ordinary criminal context. The canvas for this critical engagement was limited insofar as  *906  Muslim communities' experiences in these programs have been largely sheltered from public view. Harvesting those experiences is no doubt essential to understanding the possibilities and limitations of these programs. This Article provided a sketch of the problems lurking near the surface - that is left to future work.
   Is community engagement salvageable? Moving community engagement toward its most democratic aspirations - toward a more genuine exercise in community consultation, contestation, and collaboration - would involve ridding the program of its pernicious baggage. For example, law enforcement could end community engagement's integration with community-wide intelligence gathering, or could decouple community engagement from CVE and counterradicalization.
   Certainly there are strong normative reasons, including those that motivate this Article, to expect and demand that law enforcement account for the realities of marginalized communities. But we cannot expect that dialogue will necessarily lead to accountability, meaningful contestation, or realignment of police approaches in marginalized communities. After all, law enforcement is itself a significant vehicle for marginalization and racialization in the United States. It is reasonable to question whether community policing - or policing at all - can be expected to be the vehicle for the change we are seeking. The problem and the solution may be entirely mismatched.
   The allure of community policing rests in part on a broader construct of dialogue as inherently valuable. While dialogue can certainly be valuable, its value will depend on the context and the point of view from which it is being evaluated. Dialogue often serves a different function for the more powerful in the conversation than the less powerful. The idea that dialogue is the cure-all for poor relationships between police and marginalized communities emerges from a failure to recognize the structures and histories of police impunity in these communities, as well as the material realities that keep inequality in place. When the dialogue in question is with the police, initiated by the police, and on the police's own terms, not only is the function of the dialogue necessarily limited, the entire initiative should raise red flags. How will the dialogue change the material reality of policing in the community? Does the dialogue further exacerbate inequality or simply validate preexisting policing practices through the performance of democratic legitimacy? Or is it really allowing for messy democratic contestation, and the possibility for change in the material conditions of the relationship between the police and the marginalized?
   For community policing to be an effective tool in changing the relationship between the marginalized and law enforcement, marginalized communities cannot simply be offered a seat at the table to participate in preconceived policing  *907  programs. They must have the political power to hold police accountable. For community policing mechanisms to offer potential for real change to marginalized communities, communities must build capacity and political power to demand accountability. So while we might advocate for law enforcement to engage marginalized communities, we cannot rely on law enforcement initiatives to recalibrate relationships long rife with deep inequality. The pressure for meaningful change must come from outside, from the communities themselves organizing for change. n325
   2. The aff attempts to improve regulation of INDIVIDUAL OFFICERS. The CP changes police culture as a whole. This reduces police opposition and rights violations
   Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029)
   First, even a highly effective LOPRB providing quality policy recommendations to a police department would likely encounter some department resistance to the civilian oversight. This resistance may be created because of police department views of a civilian entity "meddling" or just the potential perception of an adversarial relationship between the *1058 LOPRB and police department. n207 However, the structure of LOPRBs help overcome most of this resistance traditionally leveled against civilian oversight from police departments. The emphasis on policy review, rather than complaint review, means that LOPRBs will not directly regulate individual police officers but rather the department as a whole. This change in focus will likely reduce the intensity of any police department resistance because the potential adversarial relationship will be between the LOPRB and the police department instead of individual officers. n208 Furthermore, any resistance can be ameliorated by public pressure on police departments to enact the LOPRB's policy recommendations. The LOPRB's outreach will inform the local community of the use of data-collection technologies, potentially generating popular support behind LOPRB recommendations. LOPRBs can thus indirectly enforce their recommendations through utilizing that popular support and pressure on police departments. That indirect pressure on police departments will help reduce potential police department resistance because policy changes brought about through public pressure will be a reaction by the police department to the public at large, rather than directly reacting to the adversarial LOPRB. Thus, while police department resistance likely cannot be completely overcome, LOPRBs can ameliorate this traditional civilian oversight problem.

3. The CRB doesn’t have to work- it creates a deterrent effect
Seybold, 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. Individual Deterrence and Systemic Correction. - Finally, civilian oversight has some meaningful deterrence on individual actors while also providing a functioning mechanism to address local systemic issues. n163 Individual police officers are more likely to undertake regulation of their own behavior when the officer knows that they are being watched by an oversight body. n164 External civilian oversight can ensure greater accountability not only among rank-and-file officers, but also among command officers, and can also address systemic issues facing dys-functional departments. n165 Approximately two-thirds of civilian oversight entities undertake policy review in addition to complaint review, n166 allowing civilian oversight bodies to review general policies and advocate for systemic reform. n167 Samuel Walker, a scholar whose work focuses on police accountability, emphasized that successful civilian oversight bodies "take a proactive view of their role and actively seek out the underlying causes of police misconduct or problems in the complaint process." n168 If civilian oversight mechanisms continually provide policy recommendations to police departments, those recommendations as a whole can have a significant effect on police misconduct, while at the same time making the police department more "accustomed to input from outsiders." n169 Civilian oversight thus can have a transformative impact on entire police departments rather than only correcting the actions of a singular officer.

4. Civilian review is mutually exclusive and more efficient than court action
Weinbeck, 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)
A police department's internal affairs unit, operating on its own, lacks the credibility to conduct an independent investigation that is satisfactory to the community. n50 Minneapolis city council members, in an attempt to assuage community members and preserve their own political futures, established the city's review authority. n51 In theory, at least, a system of civilian oversight inserts into the police investigation process a watchman without allegiance to the police who will ensure that the investigation is conducted without bias. n52 This, in turn, generally supports a perception by the community that its police department is operating with a proper respect for individual rights. n53 As a result, a greater level of trust develops between the police and the *1315 community that ultimately greases the cogs of crime detection and prevention. n54 There are other benefits that municipalities enjoy when establishing a system of citizen oversight. Chief among them is the political coverage that the city's elected officials receive when establishing the agency. n55 For example, the Minneapolis Civilian Police Review Authority came into being in 1990 after police officers identified the wrong house in a drug raid. n56 During the course of the botched raid, the police killed an elderly couple who lived in the house. n57 In another episode not long after, the Minneapolis Police Department broke up a peaceful party of college-aged African Americans at a Minneapolis hotel. n58 In response to both incidents, outraged community members engaged in vehement and highly publicized demonstrations. n59 Besides providing a measure of political coverage, citizen oversight may also operate as a mechanism for saving cities money. n60 Wronged citizens, instead of bringing their grievances to court, enter the civilian oversight system where they may achieve redress that ends up costing the city nothing more than the administrative costs of the investigation. n61

The net benefit is Tech Shift
A. Absent established, oppositional civilian review police harassment will shift to technology based surveillance which avoids rights protections
Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029)
Technology has provided police departments with powerful tools to collect extensive data on private citizens. Those tools have captured images of every license plate passing through an intersection; n1 used facial-recognition technology to determine whether Super Bowl attendees had criminal records; n2 and implemented multi-technology systems that "aggregate and analyze information from approximately 3,000 surveil-lance cameras around the city ... ." n3 New technologies allow police departments to collect a range of data on the public space, including private citizens not under investigation, raising concerns regarding how that data may be used in the future. n4 And as storage and database capabilities have become cheaper and more efficient, the potential for expansive databases has become not only a science-fiction trope n5 but a reality. n6 *1030 But despite potential, these new tools fit poorly within the current regulatory framework. Police departments have embraced the information age with little guidance or oversight, raising significant privacy concerns regarding the effect of mass-data collection on the privacy rights the general public has enjoyed for centuries. n7 At the same time, current regulatory mechanisms have not adequately addressed how police departments should use cutting-edge surveillance technologies. n8 Such regulatory mechanisms often are inhibited by conflicting motivations n9 or poorly adapted to technological change. n10 Scholars have proposed a variety of solutions to address the privacy and criminal law concerns raised by these "data-collection technologies," but these approaches often provide inadequate flexibility to local jurisdictions to address their unique problems n11 or focus too narrowly on correcting a particular, novel iteration of the problem. n12 *1031 To overcome this regulatory deficit, civilian oversight can provide effective regulatory oversight of police departments' use of new and emerging technologies. Specifically, I argue that a specialized form of civilian oversight, the "Loyal Opposition" Policy Review Board (LOPRB), would function as a regulatory mechanism that not only provides proactive regulatory guidance on technology usage by police departments but would also allow for that guidance to be specifically tailored to the local community. n13 LOPRBs, composed of members who are informed on and invested in technology and civil rights, would undertake policy review of police department procedures for the use of new technologies and recommend "best practices" approaches to ensuring that individual privacy rights and police department investigative needs are effectively balanced. n14 Such a civilian oversight mechanism would ensure that the privacy concerns of the average citizen remain protected as new technologies are incorporated into the daily operations of police departments.
B. Civil rights focus fails- it takes a black and white approach to police conduct that ensures resistance
Schlanger, 15 – Henry M. Butzel Professor of Law, University of Michigan (Margo, “Intelligence Legalism and the National Security Agency's Civil Liberties Gap”, Harvard National Security Journal, Vol. 6, pg. 112, 2015, Lexis)
I have suggested that rights discourse tends to sweep under the rug the messiness of civil liberties protections--the policy issues that lie at the core of civil liberties interests. That messiness will be apparent in what follows; there are no magic bullets here. But a measure can be useful even if messy or compromised. It is possible that that none of the offices described below will accomplish very much. It seems to me, however, that soft administrative measures are useful tools in the civil liberties toolkit, well worth trying by a principal--whether that principal is the President or the Congress--who wants to give more priority to civil liberties but lacks the institutional capacity to do so directly and repeatedly over time. Each of these three offices might represent civil liberties interests more systematically than current arrangements, and might advocate for more liberty protective government protocols and programs. It is worth emphasizing, too, that measures such as these might have not just cumulative but also mutually reinforcing effects, creating a civil liberties cadre with security clearances, who might assist each other in a variety of ways. n360 In addition to promoting civil liberties/privacy interstitially, offices like these assist other more authoritative rulemakers to understand the civil liberties implications of their choices. For example, they can help Congress in its otherwise very difficult oversight task, flagging issues that need more congressional attention. n361 And in several different ways, they may increase public access to otherwise secret matters, which in turn increases pressure on those authoritative rulemakers: They generate reports--both public and private--which can be used by Congress and the public. n362 And they build relationships with non-governmental organizations that promote increased official disclosure. My argument is not that offices like these are a cure-all  *193  for achieving optimal policy, but that they may be a useful part of a complicated ecology.

TPP DA
TPP is predicted to pass, but there’s no time to waste. Mitchell ‘11/2
Peter Mitchell - AAP US Correspondent, Australian Associated Press. “US: White House bullish on TPP passing.” News.com.au. November 2, 2016. http://www.news.com.au/world/breaking-news/us-white-house-bullish-on-tpp-passing/news-story/66aaccb30c94f3301f95fa652040190f JJN
US President Barack Obama's top Trans-Pacific Partnership negotiator has bullishly predicted the trade deal will be approved by Congress after next week's presidential election if congressional leaders bring it up for a vote. Michael Froman also warned if Congress does not ratify the 12-nation free trade proposal Australia, China and other nations will swoop in and steal markets from the US in the Asia-Pacific. "It's up to the congressional leadership to decide to bring it forward," Mr Froman told CNBC on Tuesday. "If they bring it forward I think we can get the votes there." Presidential frontrunners Hillary Clinton and Donald Trump both oppose the TPP and members of Congress, many who are also up for re-election next Tuesday, have been reluctant to show public support for the contentious trade pact. Mr Obama and Mr Froman are hoping the the anti-trade sentiment will recede after the election and members of Congress will be willing to ratify it before Mr Obama moves out of the White House in January. "I think the key thing is the rest of the world isn't standing by whether it is China negotiating its own trade agreements or the EU, Canada or Australia or others, they are going to move ahead and get access to these markets at our expense," Mr Froman said. "Our market share is actually in decline in some of these important, fast growing and large markets so it is awfully important we show leadership." The TPP signatories are: Australia, the US, New Zealand, Japan, Malaysia, Vietnam, Singapore, Brunei, Canada, Mexico, Chile and Peru.

TPP is top of Obama’s priorities, PC is key. Creighton ‘10/27
Adam Creighton – economics correspondent Washington. “Hope for TPP as Obama administration works the phones.” The Australian Business Review. October 27, 2016. http://www.theaustralian.com.au/business/economics/hope-for-tpp-as-obama-administration-works-the-phones/news-story/8ce5e112900eb06ca2bb0711d3aa16ce JJN
The world’s biggest free trade deal, the Trans-Pacific Partnership, which Australian officials have written off as a casualty of a fierce anti-trade backlash in the US, has an almost even chance of success in Congress, according to people familiar with the matter in Washington DC. The Obama administration has been hitting the phones and sending cabinet ministers to remote US towns in an unprecedented bid to persuade Congress to pass the controversial Asia-Pacific trade deal among 12 countries. Both Hillary Clinton and Donald Trump have repudiated the deal. The former top economics adviser to Vice-President Joe Biden, Jared Bernstein, said the chance the TPP would be passed after November 8 but before the new president took office was almost 50 per cent, offering hope for the deal signed by the Turnbull government and 11 other nations in February, which frees up trade and investment across 40 per cent of the world’s GDP. “I think the probability is a lot higher than conventional wisdom on the street; I’d give it a 45 per cent chance,” said Mr Bernstein. He said President Obama would certainly send the deal to Congress whoever won the election. “What’s interesting is just how (hard) the administration is working it … full-court press behind the scenes,” he said. “More than on healthcare, more than on stimulus, more than on financial reform: it’s remarkable,” added Lori Wallach, director of Public Citizens Global Trade Watch. She said cabinet ministers had been traipsing the country trying to convince wavering Congressmen. “They are working the phones to a degree that actually is really interesting; cabinet secretary folks are once or twice a week since April calling House members who they might have any kind of chance with,” she added. “The odds of stopping it are slightly better, but it’s close.” Ambassador Joe Hockey and visiting Turnbull government ministers have been strenuously promoting the TPP in Washington, but confidence that the deal — which is also being sold as a way to entrench US and Australian commercial norms in a region increasingly dominated by China — will pass has dwindled significantly. Consonant with the mix of confected and genuine dissatisfaction with the TPP that permeates Republican and Democrat ranks in Congress, Republican congressman Kevin Brady earlier told The Australian the deal wouldn’t pass without additional protections for intellectual property, which Australia has publicly ruled out. Ms Wallach and Mr Bernstein, now at the Centre for Budget Priorities, by contrast argued the TPP deal had been captured by US corporate interests, and should be renegotiated to pare back the extra patent and intellectual property protections demanded by the US on behalf of its pharmaceutical industry. They also want to see clauses outlawing currency manipulation and removing investor-state dispute clauses that potentially limit governments’ freedom to make policies that damage foreign commercial interests. The TPP would be the first trade agreement to be rejected by Congress. If it doesn’t pass in the “lame duck” session — before the new house, senate and president are in place — it will be very unlikely the US would begin new trade negotiations given the febrile environment. Republican presidential candidate Donald Trump has made rewriting or rescinding US trade agreements the centrepiece of his economic strategy. “One of the reasons it’s 45 per cent (chance of success) and not 25 per cent is because … the undecideds are getting much more pressure from the administration than from (labour groups),” said Mr Bernstein. “Democrat and Republican elites have literally for decades ignored the costs of trade.”

The plan sparks congressional debate and kills Obama’s PC. Orenstein ‘16
WALKER ORENSTEIN. “Reform advocates upset over pushback over changing malice law.” The News Tribune. July 29, 2016. http://www.thenewstribune.com/news/politics-government/article92684372.html JJN
When an effort by state lawmakers to make prosecuting police for improper use of deadly force easier stalled last year, legislators compromised. They agreed to let a task force study the issue and recommend policy to next year’s Legislature on how to reduce violent interactions involving law enforcement. But some on the state-appointed committee, which had its second meeting Tuesday, say lawmakers overseeing the panel are filibustering even a dialogue about changing controversial state law regulating police use of deadly force. Amending state statute on the subject was a key component of reform-advocates’ demands that spurred the task force. It’s also the subject of a proposed initiative to the Legislature that would amend the law if enacted. Washington’s law is regarded as unique in the country. Convicting an officer for using deadly force requires proof the officer acted with “malice.” It’s a standard many, including the American Civil Liberties Union, have said is more or less impossible to meet, effectively giving police immunity when they use deadly force. Some committee members say changing the law would reduce police use of deadly force, a stated end-goal of the task force. Others on the panel have pushed back, saying changing the statute won’t help that cause. The split could derail what Karen Johnson, chairwoman of the Black Alliance of Thurston County, described as a “golden opportunity” to be a “national model” for discourse between law enforcement and police reform advocates. ‘SENSE OF RESPONSIBILITY’ De’Sean Quinn, a member of the state’s African American Commission on the task force, said he wants the group to be “action oriented.” Real action for him might include recommending the state collect data on police use of force to easier analyze how to reduce it, he said. But the key aim, he said, is to reach consensus on how to change Washington’s malice law, particularly in light of the recent police killings of Philando Castile in Minnesota and Alton Sterling in Louisiana. “I feel a sense of responsibility for my kids that we really try and address this issue,” Quinn, who has two sons, said in an interview. Gerald Hankerson, a member of the committee and president of the NAACP of Alaska, Oregon and Washington, said lawmakers and some law enforcement officials on the panel have been hesitant to broach the topic in seriousness. Others on the task force agree. Tuesday’s meeting centered mostly on law enforcement training. Toshiko Hasegawa, appointed to the task force as a member of the state’s Asian American Commission, called out lawmakers during committee session, saying they were avoiding a deeper discussion on changing the law by “hiding behind procedure.” She added in a later phone interview that committee co-chairman Sen. Kirk Pearson, R-Monroe, was deliberately avoiding the topic. “Why is the police task force on deadly force not discussing deadly force?” Hasegawa asked. The task force is required to meet only four times. Johnson, Quinn, Hasegawa and others signed a letter sent to Pearson and co-chairman Rep. Roger Goodman, D-Kirkland, before Tuesday’s meeting, asking for clearer guidelines on discussing the malice statute and more input on meeting agendas. Quinn said he felt work on the statute was being ducked, and said the Legislature is not responding fast enough to outcries for police reform in the country. “It’s not OK to not deal with the difficult issues,” he said. Although the Legislature is not obligated to act on task force recommendations, “consensus with law enforcement” on legal changes “would be significant for the Legislature going forward,” said Sen. David Frockt, D-Seattle. Rather than building consensus, the meetings so far have “almost been like it’s a dog and pony show,” Hankerson said. ‘NOT THE FIRST THING ON MY MIND’ Rep. Dave Hayes, R-Camano Island, is a sergeant with the Snohomish County Sheriff’s Office and one of four legislators on the panel. He said the task force should look at all sorts of avenues to reduce violent interactions involving police, and said changing Washington’s malice standard is “definitely not the first thing on my mind.” Added Hayes: “I don’t believe that changing the statute is going to fix anything.” He said he expects the result of the task force to be “a couple bills regarding data collection and how we use that data to make our local law enforcement officers better.” He cautioned the Legislature would have to weigh the cost of those bills to not place a burden on local law enforcement departments. Pearson, who left before the conclusion of Tuesday’s meeting, did not return calls or messages from The News Tribune asking for comment. On Tuesday, he said reviewing past applications of the malice statute is “beyond” what the committee was designed to do. Goodman said at the meeting the task force needs to learn more about perspectives of law enforcement officers, their training, and about data collection, and not just work on the malice statute. “We can’t be sort of rushing to focus on one aspect — one very important aspect and that is perception of flaws in the law — but we need to sit back and continue to listen,” he said during the committee meeting. Sue Rahr, the executive director of the Criminal Justice Training Commission, said at the meeting that prosecuting officers for improper use of deadly force “isn’t enough” to reduce violent encounters with law enforcement. Police officers in Washington train at Rahr’s organization with the exception of the Washington State Patrol. Rahr is on the task force. “If the task force does change the law, that’s only going to solve one piece of the problem,” she said. “The problem is much bigger and much more complex than that.” GOING FORWARD Johnson and others have tried to soothe brewing discontent in the group. She reminded task force members there would be more meetings, and that they can schedule more than four if needed. Goodman promised a more collaborative approach to setting new meeting agendas. A minority report can be filed if task force members don’t agree with the final group report to the Legislature. Frockt said Monday that he was looking at the malice law “very seriously,” and feels “ a deep sense of obligation and gravity surrounding this given what’s happening around the country.” “There are people who are going to be clearly disappointed if we don’t make some changes in some Washington law,” he added. “I hope that this is not the situation where the task force goes through, does a lot of work and nothing really happens with it.” Quinn said he’s still optimistic that thorough work on the malice statute will come. But, he said, “there needs to be a demonstration that we need to address these issues.”

TPP Solves multiple extinction scenarios. Morimoto ‘15
Andy Morimoto is a research associate at The Chicago Council on Global Affairs. “The Strategic Costs of TPP Failure.” The Diplomat. August 22, 2015. http://thediplomat.com/2015/08/the-strategic-costs-of-tpp-failure/ JJN
The Trans-Pacific Partnership is in trouble. Trade ministers failed last month to conclude the massive 12-nation trade deal by their hoped-for summer deadline, putting negotiations in danger of collapse. This is a problem. Trade advocates argue that letting the TPP die would be a significant lost opportunity for the global economy. But there’s a potentially bigger problem here – one that may have serious consequences for both U.S. national security and regional stability in the Asia-Pacific. Just consider the strategic backdrop against which last month’s negotiations occurred. Maritime disputes flaring across the South China Sea. Tensions rising between Beijing and Tokyo. Perennial friction between China and Taiwan and a growing nuclear stockpile in North Korea. If the TPP falls through, it could greatly hurt the America’s ability to stabilize the fraught geopolitics of Asia. Some have argued that a TPP failure would be a net positive for regional stability. The deal, they claim, would isolate and provoke China, and should therefore be abandoned. But this view is blinkered. Given the high trade volumes and trade arrangements across the Asia-pacific, China stands very little chance of being isolated. Moreover, Chinese officials have other ventures on their minds. According to He Weiwen, a former Chinese Commerce Ministry official, “the Chinese are more or less neutral because we have our own agenda, pushing forward ASEAN plus six and the Silk Road.” In fact, there are a number of reasons to believe that the opposite is true: that a TPP failure will cause a number of strategic problems for the U.S. in the Asia-Pacific. First, failure would mean stunting the growth of America’s Pacific partners. This is problematic for two reasons. Most importantly, fewer states would be devoting fewer resources to meet shared challenges like counterterrorism and climate change. In addition, as countries get richer and more interdependent, they become more invested in the well-being of their neighbors. And while free trade, interdependence, and prosperity do not guarantee stability and peace (see: World War I), they do create conditions that make conflict less appealing. Second, failure would create more potential for instability and crises. Consider a hypothetical scenario in which China and one of its neighbors along the South China Sea (say, Vietnam) get into a serious spat over territorial claims. With the TPP, this spat would be less likely to escalate into a full-blown crisis, as China understands that the U.S. is more inclined to intervene in situations that threaten its growing trade interests. Without the TPP, there is less clarity about U.S. resolve, so the potential for miscalculation and escalation increases. Third, failure would send a strong signal that the U.S. no longer has the political will to lead in the region. This would come at a time when allies are already uncertain of U.S. commitments. Earlier this week, for example, Japan’s trade minister expressed disappointment in last month’s trade meetings, saying “every TPP country wondered why the U.S. was quick to give up the conclusion without its usual relentless persistence.” If the U.S. allows negotiations to collapse, it would demonstrate the Obama administration’s declaration – that the U.S. is “all in, when it comes to the Asia-Pacific” – to be hollow. This has important geopolitical implications. If Asia’s great powers perceive the U.S. to be unserious about its role in the region, this will increase the incentive for the powerful regional states (i.e. China and Japan) to jockey with one another for regional hegemony. Finally, failure would be a missed opportunity for the U.S. economy – and America’s ability to project strength abroad rests on its economic foundation at home. According to an analysis from the Peterson Institute, U.S. income gains under the TPP would be significant, potentially adding $59 billion per year by 2020. Failing to conclude the TPP would forego these potential gains, and would make it more difficult for the U.S. to stem the defense cuts put in place by the sequester and invest in our military presence in the Asia-Pacific. The Nobel Prize winning economist Thomas Schelling noted that “trade is what most of international relations are about. For that reason trade policy is national security policy.” Today, U.S. trade policy – and indeed, its national security policy – are in danger of falling apart. Getting something as big and complicated as the TPP across the line won’t be easy. But given the smoldering flashpoints across Asia, the U.S. can hardly afford to squander any tools in its foreign policy toolkit. The stakes are too high.

Regional hegemony is key to stop nuke war.  Rudd 11

Rudd 11 – Kevin Rudd, Australian Minister for Foreign Affairs, “The Case for American Engagement in Asia: The Australian Perspective”, 9-15, http://foreignminister.gov.au/speeches/Pages/2011/kr_sp_110915.aspx?ministerid=2

THE GEO-STRATEGIC RAMIFICATIONS  But as nations change, so too do relations between nations.  The emergence of new powers inevitably brings new strategic complexity, as the power relativities of the 20th century give way to the new ones.  Asia will be vulnerable to a host of strategic uncertainties, arising from the need for new powers to integrate into the global economic and political order, and for the established powers to accommodate them.  The potential for misunderstanding — and the consequences of miscalculation — is also vast.  Tensions like those we see in the South China Sea, the East China Sea, the Korean Peninsula and the Persian Gulf may become even more difficult to manage.  Make no mistake: these aren’t just regional problems.  Questions about the future of the South China Sea touch on every regional country’s future, given their global strategic and economic significance.  This theme isn't new, but what I can tell you about this strategic shift is that we — Australia and the United States — will face it as allies.  Sure, there is the possibility of instability in our region.  But we've faced the possibility of conflict — and actual conflict — together in the past.  Many different tests, circumstances and challenges have put the acid to our alliance since the ANZUS treaty was signed, 60 years ago.  We've been reminded again that the only time the ANZUS treaty has been formally invoked was ten years ago this week — in response to the attacks on September 11.  But military and intelligence cooperation with the US continues across a wide range of theatres within the framework of the Alliance.  Here in San Francisco — where the ANZUS treaty was signed, all those years ago — I'm reminded that Australian and American servicemen and women have fought, flown, sailed and — I'm reliably informed — surfed together since the Pacific War.  Today, that Alliance continues to grow in meaning and intensity.  We are fighting together in Afghanistan; working together against global threats like piracy; and responding together to natural disasters across the region.  For us, for our relationship, the end of the Cold War hasn’t meant a downgrading of the importance of our Alliance — if anything, it’s become more intense and more important.  So as we face the challenges of the 21st Century — the challenges of the shift of power to Asia — we will do so together.  We’re working together to ensure our forces are aligned in the right way to provide for the national security of our two countries, and to help us shape the emerging regional environment.  Our forces have to be able to respond to the range of contingencies that can arise in our region, including humanitarian assistance and disaster relief.  Increasingly, we aren’t just working with each other, but with other regional players.  I'm not just talking about the Pacific, or the Asia-Pacific.  The critical region for our future now extends to include the Indian Ocean as well.  The growing strategic importance of the Indian Ocean starts with India's rise.  India is the largest democracy in the world.  Forecast to be the third largest economy in the world in coming decades, it is in the interest of both the United States and Australia for India to play the role of a major international power.  For now, India’s focus remains South Asia.  But its strategic weight is increasing with its increasing economic size and strength.  India is increasingly looking east with interest, both for strategic and economic reasons, and because of long-standing cultural connections.  But the importance of the Indian Ocean also lies in its unique role in maritime security and sea lines of communication for a much larger group of economies, both in Europe and Asia.  Lying between the Middle East energy sources and the dynamic global engine room of Asia, its importance grows with each passing year.  The pressures on the Gulf and West Indian Ocean choke points will intensify, as India grows and East Asian centres of growth remain reliant on Gulf energy and African resources.  In the 21st Century, questions of resource, energy and food security are becoming more vital than ever.  As Robert Kaplan says, the Indian Ocean is once again at the heart of the world, as it was in ancient and medieval times.  THE ROLE OF THE UNITED STATES  The United States has been a guarantor of security and economic prosperity in the Asia-Pacific for decades.   But the 21st Century will demand more.  As the world changes, it's even more critical that the US builds its engagement with our region.  As the United States transitions back from tough and unforgiving wars in Iraq and Afghanistan, it might seem tempting to resist the case for further international engagement.  President Obama has already rightly intensified US involvement with East Asia.  It remains the case, in one way or another, that the United States is vital in solving common problems collectively.  No other power is able or willing to support essential global public goods — like the free movement of trade, capital and people around the world.  Sea-lane security, regional security in critical regions like the Gulf, open markets, the reserve currency, deep and liquid capital markets — who else provides these global public goods?  America has faced these questions before.  On the eve of entry into World War II, Henry Luce's seminal editorial in Life magazine on the American Century was much more than a statement about relative power, as America assumed its position in the new order.  It was a call for American leadership in international affairs.  It is in America’s interest and the world’s interest to provide that leadership — because in its absence, the risks grow that we will see destabilisation that threatens us all.  The interdependence of our economies has been shown clearly by the financial crisis, and a collapse in the conditions for open trade would be an economic disaster for all trading nations.  I share President Obama's view that America can neither retreat from "responsibility as an anchor of global security" nor "confront... every evil that can be found abroad".  But President Obama talked of the need for a "more centered course" — and that lies in a deep US engagement in Asia.  I believe the vast majority of the countries of Asia welcome that continued and expanded American strategic role in our hemisphere.  As Indonesia’s President Yudhoyono said in November 2008, as the financial crisis was wreaking havoc upon us, “none of these global challenges can be addressed by the world community without having America onboard. And conversely, none of these issues can be resolved by the United States alone.”  And as Lee Kuan Yew said a year later, “the consensus in ASEAN is that the US remains irreplaceable in East Asia.”  In the 21st Century, the US needs substantial, sophisticated, nimble engagement in the region.  

AC

Adv 1: so many alt causes to US human rights cred: Drone strikes, gitmo, torture, etc.

Adv 2: Tech shift n/b to CP solves. The CP leads to less surveillance by cops and protects privacy more.

New reports and the shiftiness of the government prove the aff does nothing.
--newest reports prove
--NSA had said they ended domestic email collection, but continued doing it under foreign email collection programs
--it’s part of an endless shell-game
--the NSA will create it secretly and we won’t learn about it until later
Peterson 11/20/15 --- covers technology for the Washington Post (Andrea, “Why it’s so hard to keep up with how the U.S. government is spying on its own people”, https://www.washingtonpost.com/news/the-switch/wp/2015/11/20/why-its-so-hard-to-keep-up-with-how-the-u-s-government-is-spying-on-its-own-people/)//trepka
Since 2013, Americans have gained immense insight about how the government conducts digital spying programs, largely thanks to the revelations made by former security contractor Edward Snowden. But a new report shows it's really hard to keep track of all the ways the United States is snooping on its own people. After Snowden revealed the National Security Agency was collecting data en masse about American e-mails, the government said it had ended that particular program in 2011. But it turns out that didn't really stop the NSA from being able to suck data about Americans' e-mails: Instead, the government was able to replace the key functions of that program by relying on legal methods designed to collect information about foreigners, according to a NSA Inspector General report obtained by the New York Times via a Freedom of Information Act suit. And because those methods focused on overseas collection, or collection aimed at non-U.S. citizens, they largely had less oversight than the now-defunct domestic e-mail records program. "This is yet another trick move in the never-ending shell game that the NSA is playing with the American people, and apparently with the secret court whose oversight it is trying to evade," said Kevin Bankston, the director of New America's Open Technology Institute. "New rule: if the NSA claims that a particular surveillance program has ended, or that a particular type of surveillance has halted 'under this program,' assume that it is still going on in another program." There is a reason for all the secrecy: The government argues it has a vested interest in keeping capabilities secret so that terrorists and other targets aren't able to figure out how to evade surveillance. That's one of the reasons some intelligence officials were quick to blame Snowden in the wake of the recent Paris attacks, arguing his revelations may have given terrorists a road map for how evade detection. "Iin the past several years because of a number of unauthorized disclosures and a lot of handwringing over the government’s role in the effort to try to uncover these terrorists, there have been some policy and legal and other actions that are taken that make our ability collectively internationally to find these terrorists much more challenging," CIA Director John Brennan said Monday at a Washington conference. But no evidence has yet emerged that the attacks were coordinated using tools that protected communications through encryption, a security tool Snowden often recommends to everyday users looking to ensure their digital privacy. In fact, the information available so far suggests that the attackers sent an unencrypted text to coordinate the launch of the attack, and several of them had been known to Belgian investigators. The lack of transparency and public awareness of how Americans' data was being collected is also one of the reasons Snowden said he was compelled to come forward with information about government spying. “My sole motive is to inform the public as to that which is done in their name and that which is done against them,” he wrote in a note that accompanied the first document he leaked to The Washington Post. But big disclosures such as Snowden's come along rarely. And now we're seeing that reporting on these programs is like a sort of like playing whack-a-mole: Even if one program appears to have ended, others spring up in their place -- and the general public often doesn't learn about them until years after they've taken effect.

The aff’s circumvented by states and contracting --- all that is net worse
Goldfarb et al 15 --- Legal Scholar (Ronald, also with David Cole, Edward Wasserman, Tom Blanton, Hodding Carter, Jon Mills, Barry Siegel, “After Snowden: Privacy, Secrecy, and Security in the Information Age”, Google Books)trepka
Another former intelligence official suggested that as a practical matter, the controversial programs Snowden disclosed may be curtailed for economic reasons, especially if their utility is of dubious value.  Further, he speculates, there may be worse incursions of privacy by local and state police officials whose gathering and collating of their terrorism surveillance are likely to be available to federal intelligence agencies.  Still another expert suggested that one of the problems with the post-9/11 national security process is that the NSA hired many contractors to do what its employees did in the past. 

Those contractors are not federal entities which means the plan text and durable fiat don’t solve the total lack of liability
Lumb 15 --- Partner at Corboy and Demetrio (Kenneth, “Federal Tort Pitfall”, http://www.corboydemetrio.com/media/publication/77_Trial_2015_05May_Lumb_Federal20tort20pitfalls_reprint.pdf)//trepka
The United States contracts with a wide range of people and entities to provide services to the government and citizens. With the exception of relationships created by a “personal services” contract, contractors are not italics in original federal employees, and the United States is not vicariously liable for their negligence.

Tournament: Damus | Round: 5 | Opponent: Brentwood EL | Judge: Dan Miyamoto
1NC CP
Governments 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 policies
- Governments responsible for police officers should enact statutes requiring them to respond to claims of IPV, and establish that the officers are liable for failing to respond. 

We have a solvency advocate available on spot from Hill 15 – I can show in CX or prep

This is what their AC Bishop author advocates as the best solution 

Gary M. Bishop, Section 1983 and Domestic Violence: A Solution to the Problem of Police Officers' Inaction, 30 B.C.L. Rev. 1357 (1989), http://lawdigitalcommons.bc.edu/bclr/vol30/iss5/3
In the absence of such statutes, battered survivors women must seek other means by which to impose liability upon passive police officers. Overzealous police officers may be held liable under section 1983 when they use more force than necessary to place a person in custody, but courts are somewhat more reluctant to impose liability upon police officers who fail to act. 17Drawing upon the general principle that a state actor may violate section 1983 by failing to lend aid to an individual who is in need, courts have begun to recognize that police must assist battered women and must be held accountable for their failure to do so if certain conditions are pres- ent.' 9Some courts have used equal protection analysis as a means to impose liability upon passive police officers. 2° That is, if a com- parison between police response to domestic violence calls and po- lice response to general assault calls reveals that police officers treat domestic violence calls less seriously, the evidence may be sufficient to constitute an equal protection violation. 21Police officers may also be held liable for failure to aid battered women if a special rela- tionship exists between the officer and the victim. 22In 1988, the United States Court of Appeals for the Ninth Circuit attempted to define clearly the conditions necessary to establish such a special relationship in recognizing a section 1983 claim against police offi- cers who failed to lend assistance to a victim of domestic violence in Balistreri v. Pacifica Police Department." The 1989 United States Supreme Court case of DeShaney v. Winnebago County Department of Social Services seriously undercuts the Balistreri court's efforts, and those of other courts, to provide battered women with a remedy against passive police officers. 24 Prior to DeShaney, courts had imposed a duty to act upon police officers based on the officers' authority to enforce the law, 25 on statutorily prescribed duties, 26 and on the theory of a "special relationship"27 between the victim and the police officer. DeShaney substantially narrowed the circumstances under which a special relationship may arise, 28 thus forcing lower courts to rely upon alternate legal doctrines to aid battered women. This note examines the avenues that are still open to battered women who sue passive police officers, including the limited special relationship concept. Section 1 surveys the various theories that courts have applied to determine when police officers have a duty to act.29 Section II explores the way that courts have utilized the duty-to-act theories in evaluating section 1983 claims of battered women against police officers." Section III analyzes the law regarding battered women and offers some recommendations to these women who bring section 1983 claims against passive police officers. 31 Section IV concludes that the enactment of statutes imposing liability on police officers who fail to take the proper action to protect battered women is the most effective solution to the problem. I. FAILURE TO ACT UNDER SECTION 1983 The language of section 1983 seems to require that a state actor undertake some affirmative act before he or she falls within the statute's purview. 32 Therefore, the threshold question in this area is whether a police officer's failure to act comes within the reach of words such as "cause" or "subject," which both imply positive action. There are a variety of theories under which section 1983 liability has been held to apply to police officers' failure to act. Under the law enforcement theory, a police officer who ignores the duty imposed upon him by his office and fails to aid someone who is within the officer's reach may be held liable under section 1983." The courts have also relied upon statutes that impose upon police officers a duty to act under certain conditions. 34 Finally, the courts have developed the special realtionship concept, und er which police have a duty to act under narrow circumstances." The failure-to-act doctrine is one that the courts began to developed outside of the survivors battered  women context. In 1972, the United States Court of Appeals for the Sixth Circuit held in Azar v. Conley that section 1983 is applicable to acts of omission as well as com- mission." Thus, an officer's failure to take steps to aid an individual—an omission—may be actionable under section 1983, just as an officer's actions (i.e., police brutality)—commission—may be deemed actionable. " In Azar, Mr. Conley and his friends and relatives harassed and intimidated Mr. Azar and the other members of his family." The Akron police took no action to assist the Azars. Mr. Conley was a police officer, and the plaintiffs alleged that the members of the force did not want to say anything about possible wrongdoing by a fellow officer. 

CRBs are a legitimate alternative to immunity reform- their decisions affect the ‘clearly established’ doctrine which solves the case without judicial change
Meltzer, JD, 14
(Ryan E., Texas LR 92: 1277 Qualified Immunity and Constitutional-Norm Generation in the Post-Saucier Era: “Clearly Establishing” the Law Through Civilian Oversight of Police)
In the course of investigating discrete incidents of alleged police misconduct, civilian external investigatory bodies engage in fact-finding and identification and application of governing legal standards in much the same way as a court assesses a motion to suppress evidence or a § 1983 claim alleging a deprivation of constitutional rights.31 More importantly, these bodies constantly encounter novel factual scenarios, particularly ones implicating the Fourth Amendment,32 such that their findings epitomize the sort of fact-specific guidance endorsed by the Court.33 Further, to the extent that they are empowered to make policy recommendations to the police departments they oversee, civilian external investigatory bodies also resemble compliance agencies like the U.S. Department of Justice (DOJ), whose advisory reports have helped to provide the sort of “notice” required to overcome an official’s qualified immunity.34 Consequently, the Court’s qualified immunity jurisprudence appears to permit the findings of such bodies to contribute to the clearly-established-law analysis. At present, however, the work of civilian external investigatory bodies—work that produces a wealth of valuable information and often confronts constitutional questions that might otherwise escape formal adjudication— is largely divorced from that of the courts.35 This state of affairs represents a costly missed opportunity, especially in the wake of Pearson. (1281-2)

The CP Solves the Case 

1. Only EXTERNAL, CIVILIAN oversight can alter police behavior- the aff’s internal legal reform drives police misconduct underground- it’s a trap
   Akbar, 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)
   This Article has attempted to identify the problems with community engagement and counterradicalization in the national security context, drawing from the critiques of community policing and broken windows in the ordinary criminal context. The canvas for this critical engagement was limited insofar as *906 Muslim communities' experiences in these programs have been largely sheltered from public view. Harvesting those experiences is no doubt essential to understanding the possibilities and limitations of these programs. This Article provided a sketch of the problems lurking near the surface - that is left to future work. Is community engagement salvageable? Moving community engagement toward its most democratic aspirations - toward a more genuine exercise in community consultation, contestation, and collaboration - would involve ridding the program of its pernicious baggage. For example, law enforcement could end community engagement's integration with community-wide intelligence gathering, or could decouple community engagement from CVE and counterradicalization. Certainly there are strong normative reasons, including those that motivate this Article, to expect and demand that law enforcement account for the realities of marginalized communities. But we cannot expect that dialogue will necessarily lead to accountability, meaningful contestation, or realignment of police approaches in marginalized communities. After all, law enforcement is itself a significant vehicle for marginalization and racialization in the United States. It is reasonable to question whether community policing - or policing at all - can be expected to be the vehicle for the change we are seeking. The problem and the solution may be entirely mismatched. The allure of community policing rests in part on a broader construct of dialogue as inherently valuable. While dialogue can certainly be valuable, its value will depend on the context and the point of view from which it is being evaluated. Dialogue often serves a different function for the more powerful in the conversation than the less powerful. The idea that dialogue is the cure-all for poor relationships between police and marginalized communities emerges from a failure to recognize the structures and histories of police impunity in these communities, as well as the material realities that keep inequality in place. When the dialogue in question is with the police, initiated by the police, and on the police's own terms, not only is the function of the dialogue necessarily limited, the entire initiative should raise red flags. How will the dialogue change the material reality of policing in the community? Does the dialogue further exacerbate inequality or simply validate preexisting policing practices through the performance of democratic legitimacy? Or is it really allowing for messy democratic contestation, and the possibility for change in the material conditions of the relationship between the police and the marginalized? For community policing to be an effective tool in changing the relationship between the marginalized and law enforcement, marginalized communities cannot simply be offered a seat at the table to participate in preconceived policing *907 programs. They must have the political power to hold police accountable. For community policing mechanisms to offer potential for real change to marginalized communities, communities must build capacity and political power to demand accountability. So while we might advocate for law enforcement to engage marginalized communities, we cannot rely on law enforcement initiatives to recalibrate relationships long rife with deep inequality. The pressure for meaningful change must come from outside, from the communities themselves organizing for change. n325
   2. The aff attempts to improve regulation of INDIVIDUAL OFFICERS. The CP changes police culture as a whole. This reduces police opposition and rights violations
   Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029)
   First, even a highly effective LOPRB providing quality policy recommendations to a police department would likely encounter some department resistance to the civilian oversight. This resistance may be created because of police department views of a civilian entity "meddling" or just the potential perception of an adversarial relationship between the *1058 LOPRB and police department. n207 However, the structure of LOPRBs help overcome most of this resistance traditionally leveled against civilian oversight from police departments. The emphasis on policy review, rather than complaint review, means that LOPRBs will not directly regulate individual police officers but rather the department as a whole. This change in focus will likely reduce the intensity of any police department resistance because the potential adversarial relationship will be between the LOPRB and the police department instead of individual officers. n208 Furthermore, any resistance can be ameliorated by public pressure on police departments to enact the LOPRB's policy recommendations. The LOPRB's outreach will inform the local community of the use of data-collection technologies, potentially generating popular support behind LOPRB recommendations. LOPRBs can thus indirectly enforce their recommendations through utilizing that popular support and pressure on police departments. That indirect pressure on police departments will help reduce potential police department resistance because policy changes brought about through public pressure will be a reaction by the police department to the public at large, rather than directly reacting to the adversarial LOPRB. Thus, while police department resistance likely cannot be completely overcome, LOPRBs can ameliorate this traditional civilian oversight problem.

4. Civilian review is mutually exclusive and more efficient than court action
Weinbeck, 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)
A police department's internal affairs unit, operating on its own, lacks the credibility to conduct an independent investigation that is satisfactory to the community. n50 Minneapolis city council members, in an attempt to assuage community members and preserve their own political futures, established the city's review authority. n51 In theory, at least, a system of civilian oversight inserts into the police investigation process a watchman without allegiance to the police who will ensure that the investigation is conducted without bias. n52 This, in turn, generally supports a perception by the community that its police department is operating with a proper respect for individual rights. n53 As a result, a greater level of trust develops between the police and the *1315 community that ultimately greases the cogs of crime detection and prevention. n54 There are other benefits that municipalities enjoy when establishing a system of citizen oversight. Chief among them is the political coverage that the city's elected officials receive when establishing the agency. n55 For example, the Minneapolis Civilian Police Review Authority came into being in 1990 after police officers identified the wrong house in a drug raid. n56 During the course of the botched raid, the police killed an elderly couple who lived in the house. n57 In another episode not long after, the Minneapolis Police Department broke up a peaceful party of college-aged African Americans at a Minneapolis hotel. n58 In response to both incidents, outraged community members engaged in vehement and highly publicized demonstrations. n59 Besides providing a measure of political coverage, citizen oversight may also operate as a mechanism for saving cities money. n60 Wronged citizens, instead of bringing their grievances to court, enter the civilian oversight system where they may achieve redress that ends up costing the city nothing more than the administrative costs of the investigation. n61

The net benefit is Tech Shift
A. Absent established, oppositional civilian review police harassment will shift to technology based surveillance which avoids rights protections
Seybold, 15 – JD Candidate (Steven D, “Somebody's Watching Me: Civilian Oversight of Data-Collection Technologies,” March 2015, Texas Law Review, Vol. 93, pg. 1029)
Technology has provided police departments with powerful tools to collect extensive data on private citizens. Those tools have captured images of every license plate passing through an intersection; n1 used facial-recognition technology to determine whether Super Bowl attendees had criminal records; n2 and implemented multi-technology systems that "aggregate and analyze information from approximately 3,000 surveil-lance cameras around the city ... ." n3 New technologies allow police departments to collect a range of data on the public space, including private citizens not under investigation, raising concerns regarding how that data may be used in the future. n4 And as storage and database capabilities have become cheaper and more efficient, the potential for expansive databases has become not only a science-fiction trope n5 but a reality. n6 *1030 But despite potential, these new tools fit poorly within the current regulatory framework. Police departments have embraced the information age with little guidance or oversight, raising significant privacy concerns regarding the effect of mass-data collection on the privacy rights the general public has enjoyed for centuries. n7 At the same time, current regulatory mechanisms have not adequately addressed how police departments should use cutting-edge surveillance technologies. n8 Such regulatory mechanisms often are inhibited by conflicting motivations n9 or poorly adapted to technological change. n10 Scholars have proposed a variety of solutions to address the privacy and criminal law concerns raised by these "data-collection technologies," but these approaches often provide inadequate flexibility to local jurisdictions to address their unique problems n11 or focus too narrowly on correcting a particular, novel iteration of the problem. n12 *1031 To overcome this regulatory deficit, civilian oversight can provide effective regulatory oversight of police departments' use of new and emerging technologies. Specifically, I argue that a specialized form of civilian oversight, the "Loyal Opposition" Policy Review Board (LOPRB), would function as a regulatory mechanism that not only provides proactive regulatory guidance on technology usage by police departments but would also allow for that guidance to be specifically tailored to the local community. n13 LOPRBs, composed of members who are informed on and invested in technology and civil rights, would undertake policy review of police department procedures for the use of new technologies and recommend "best practices" approaches to ensuring that individual privacy rights and police department investigative needs are effectively balanced. n14 Such a civilian oversight mechanism would ensure that the privacy concerns of the average citizen remain protected as new technologies are incorporated into the daily operations of police departments.
B. Civil rights focus fails- it takes a black and white approach to police conduct that ensures resistance
Schlanger, 15 – Henry M. Butzel Professor of Law, University of Michigan (Margo, “Intelligence Legalism and the National Security Agency's Civil Liberties Gap”, Harvard National Security Journal, Vol. 6, pg. 112, 2015, Lexis)
I have suggested that rights discourse tends to sweep under the rug the messiness of civil liberties protections--the policy issues that lie at the core of civil liberties interests. That messiness will be apparent in what follows; there are no magic bullets here. But a measure can be useful even if messy or compromised. It is possible that that none of the offices described below will accomplish very much. It seems to me, however, that soft administrative measures are useful tools in the civil liberties toolkit, well worth trying by a principal--whether that principal is the President or the Congress--who wants to give more priority to civil liberties but lacks the institutional capacity to do so directly and repeatedly over time. Each of these three offices might represent civil liberties interests more systematically than current arrangements, and might advocate for more liberty protective government protocols and programs. It is worth emphasizing, too, that measures such as these might have not just cumulative but also mutually reinforcing effects, creating a civil liberties cadre with security clearances, who might assist each other in a variety of ways. n360 In addition to promoting civil liberties/privacy interstitially, offices like these assist other more authoritative rulemakers to understand the civil liberties implications of their choices. For example, they can help Congress in its otherwise very difficult oversight task, flagging issues that need more congressional attention. n361 And in several different ways, they may increase public access to otherwise secret matters, which in turn increases pressure on those authoritative rulemakers: They generate reports--both public and private--which can be used by Congress and the public. n362 And they build relationships with non-governmental organizations that promote increased official disclosure. My argument is not that offices like these are a cure-all  *193  for achieving optimal policy, but that they may be a useful part of a complicated ecology.

TPP
TPP is predicted to pass, but there’s no time to waste. Mitchell ‘11/2
Peter Mitchell - AAP US Correspondent, Australian Associated Press. “US: White House bullish on TPP passing.” News.com.au. November 2, 2016. http://www.news.com.au/world/breaking-news/us-white-house-bullish-on-tpp-passing/news-story/66aaccb30c94f3301f95fa652040190f JJN
US President Barack Obama's top Trans-Pacific Partnership negotiator has bullishly predicted the trade deal will be approved by Congress after next week's presidential election if congressional leaders bring it up for a vote. Michael Froman also warned if Congress does not ratify the 12-nation free trade proposal Australia, China and other nations will swoop in and steal markets from the US in the Asia-Pacific. "It's up to the congressional leadership to decide to bring it forward," Mr Froman told CNBC on Tuesday. "If they bring it forward I think we can get the votes there." Presidential frontrunners Hillary Clinton and Donald Trump both oppose the TPP and members of Congress, many who are also up for re-election next Tuesday, have been reluctant to show public support for the contentious trade pact. Mr Obama and Mr Froman are hoping the the anti-trade sentiment will recede after the election and members of Congress will be willing to ratify it before Mr Obama moves out of the White House in January. "I think the key thing is the rest of the world isn't standing by whether it is China negotiating its own trade agreements or the EU, Canada or Australia or others, they are going to move ahead and get access to these markets at our expense," Mr Froman said. "Our market share is actually in decline in some of these important, fast growing and large markets so it is awfully important we show leadership." The TPP signatories are: Australia, the US, New Zealand, Japan, Malaysia, Vietnam, Singapore, Brunei, Canada, Mexico, Chile and Peru.

TPP is top of Obama’s priorities, PC is key. Creighton ‘10/27
Adam Creighton – economics correspondent Washington. “Hope for TPP as Obama administration works the phones.” The Australian Business Review. October 27, 2016. http://www.theaustralian.com.au/business/economics/hope-for-tpp-as-obama-administration-works-the-phones/news-story/8ce5e112900eb06ca2bb0711d3aa16ce JJN
The world’s biggest free trade deal, the Trans-Pacific Partnership, which Australian officials have written off as a casualty of a fierce anti-trade backlash in the US, has an almost even chance of success in Congress, according to people familiar with the matter in Washington DC. The Obama administration has been hitting the phones and sending cabinet ministers to remote US towns in an unprecedented bid to persuade Congress to pass the controversial Asia-Pacific trade deal among 12 countries. Both Hillary Clinton and Donald Trump have repudiated the deal. The former top economics adviser to Vice-President Joe Biden, Jared Bernstein, said the chance the TPP would be passed after November 8 but before the new president took office was almost 50 per cent, offering hope for the deal signed by the Turnbull government and 11 other nations in February, which frees up trade and investment across 40 per cent of the world’s GDP. “I think the probability is a lot higher than conventional wisdom on the street; I’d give it a 45 per cent chance,” said Mr Bernstein. He said President Obama would certainly send the deal to Congress whoever won the election. “What’s interesting is just how (hard) the administration is working it … full-court press behind the scenes,” he said. “More than on healthcare, more than on stimulus, more than on financial reform: it’s remarkable,” added Lori Wallach, director of Public Citizens Global Trade Watch. She said cabinet ministers had been traipsing the country trying to convince wavering Congressmen. “They are working the phones to a degree that actually is really interesting; cabinet secretary folks are once or twice a week since April calling House members who they might have any kind of chance with,” she added. “The odds of stopping it are slightly better, but it’s close.” Ambassador Joe Hockey and visiting Turnbull government ministers have been strenuously promoting the TPP in Washington, but confidence that the deal — which is also being sold as a way to entrench US and Australian commercial norms in a region increasingly dominated by China — will pass has dwindled significantly. Consonant with the mix of confected and genuine dissatisfaction with the TPP that permeates Republican and Democrat ranks in Congress, Republican congressman Kevin Brady earlier told The Australian the deal wouldn’t pass without additional protections for intellectual property, which Australia has publicly ruled out. Ms Wallach and Mr Bernstein, now at the Centre for Budget Priorities, by contrast argued the TPP deal had been captured by US corporate interests, and should be renegotiated to pare back the extra patent and intellectual property protections demanded by the US on behalf of its pharmaceutical industry. They also want to see clauses outlawing currency manipulation and removing investor-state dispute clauses that potentially limit governments’ freedom to make policies that damage foreign commercial interests. The TPP would be the first trade agreement to be rejected by Congress. If it doesn’t pass in the “lame duck” session — before the new house, senate and president are in place — it will be very unlikely the US would begin new trade negotiations given the febrile environment. Republican presidential candidate Donald Trump has made rewriting or rescinding US trade agreements the centrepiece of his economic strategy. “One of the reasons it’s 45 per cent (chance of success) and not 25 per cent is because … the undecideds are getting much more pressure from the administration than from (labour groups),” said Mr Bernstein. “Democrat and Republican elites have literally for decades ignored the costs of trade.”
The plan sparks congressional debate. Orenstein ‘16
WALKER ORENSTEIN. “Reform advocates upset over pushback over changing malice law.” The News Tribune. July 29, 2016. http://www.thenewstribune.com/news/politics-government/article92684372.html JJN
When an effort by state lawmakers to make prosecuting police for improper use of deadly force easier stalled last year, legislators compromised. They agreed to let a task force study the issue and recommend policy to next year’s Legislature on how to reduce violent interactions involving law enforcement. But some on the state-appointed committee, which had its second meeting Tuesday, say lawmakers overseeing the panel are filibustering even a dialogue about changing controversial state law regulating police use of deadly force. Amending state statute on the subject was a key component of reform-advocates’ demands that spurred the task force. It’s also the subject of a proposed initiative to the Legislature that would amend the law if enacted. Washington’s law is regarded as unique in the country. Convicting an officer for using deadly force requires proof the officer acted with “malice.” It’s a standard many, including the American Civil Liberties Union, have said is more or less impossible to meet, effectively giving police immunity when they use deadly force. Some committee members say changing the law would reduce police use of deadly force, a stated end-goal of the task force. Others on the panel have pushed back, saying changing the statute won’t help that cause. The split could derail what Karen Johnson, chairwoman of the Black Alliance of Thurston County, described as a “golden opportunity” to be a “national model” for discourse between law enforcement and police reform advocates. ‘SENSE OF RESPONSIBILITY’ De’Sean Quinn, a member of the state’s African American Commission on the task force, said he wants the group to be “action oriented.” Real action for him might include recommending the state collect data on police use of force to easier analyze how to reduce it, he said. But the key aim, he said, is to reach consensus on how to change Washington’s malice law, particularly in light of the recent police killings of Philando Castile in Minnesota and Alton Sterling in Louisiana. “I feel a sense of responsibility for my kids that we really try and address this issue,” Quinn, who has two sons, said in an interview. Gerald Hankerson, a member of the committee and president of the NAACP of Alaska, Oregon and Washington, said lawmakers and some law enforcement officials on the panel have been hesitant to broach the topic in seriousness. Others on the task force agree. Tuesday’s meeting centered mostly on law enforcement training. Toshiko Hasegawa, appointed to the task force as a member of the state’s Asian American Commission, called out lawmakers during committee session, saying they were avoiding a deeper discussion on changing the law by “hiding behind procedure.” She added in a later phone interview that committee co-chairman Sen. Kirk Pearson, R-Monroe, was deliberately avoiding the topic. “Why is the police task force on deadly force not discussing deadly force?” Hasegawa asked. The task force is required to meet only four times. Johnson, Quinn, Hasegawa and others signed a letter sent to Pearson and co-chairman Rep. Roger Goodman, D-Kirkland, before Tuesday’s meeting, asking for clearer guidelines on discussing the malice statute and more input on meeting agendas. Quinn said he felt work on the statute was being ducked, and said the Legislature is not responding fast enough to outcries for police reform in the country. “It’s not OK to not deal with the difficult issues,” he said. Although the Legislature is not obligated to act on task force recommendations, “consensus with law enforcement” on legal changes “would be significant for the Legislature going forward,” said Sen. David Frockt, D-Seattle. Rather than building consensus, the meetings so far have “almost been like it’s a dog and pony show,” Hankerson said. ‘NOT THE FIRST THING ON MY MIND’ Rep. Dave Hayes, R-Camano Island, is a sergeant with the Snohomish County Sheriff’s Office and one of four legislators on the panel. He said the task force should look at all sorts of avenues to reduce violent interactions involving police, and said changing Washington’s malice standard is “definitely not the first thing on my mind.” Added Hayes: “I don’t believe that changing the statute is going to fix anything.” He said he expects the result of the task force to be “a couple bills regarding data collection and how we use that data to make our local law enforcement officers better.” He cautioned the Legislature would have to weigh the cost of those bills to not place a burden on local law enforcement departments. Pearson, who left before the conclusion of Tuesday’s meeting, did not return calls or messages from The News Tribune asking for comment. On Tuesday, he said reviewing past applications of the malice statute is “beyond” what the committee was designed to do. Goodman said at the meeting the task force needs to learn more about perspectives of law enforcement officers, their training, and about data collection, and not just work on the malice statute. “We can’t be sort of rushing to focus on one aspect — one very important aspect and that is perception of flaws in the law — but we need to sit back and continue to listen,” he said during the committee meeting. Sue Rahr, the executive director of the Criminal Justice Training Commission, said at the meeting that prosecuting officers for improper use of deadly force “isn’t enough” to reduce violent encounters with law enforcement. Police officers in Washington train at Rahr’s organization with the exception of the Washington State Patrol. Rahr is on the task force. “If the task force does change the law, that’s only going to solve one piece of the problem,” she said. “The problem is much bigger and much more complex than that.” GOING FORWARD Johnson and others have tried to soothe brewing discontent in the group. She reminded task force members there would be more meetings, and that they can schedule more than four if needed. Goodman promised a more collaborative approach to setting new meeting agendas. A minority report can be filed if task force members don’t agree with the final group report to the Legislature. Frockt said Monday that he was looking at the malice law “very seriously,” and feels “ a deep sense of obligation and gravity surrounding this given what’s happening around the country.” “There are people who are going to be clearly disappointed if we don’t make some changes in some Washington law,” he added. “I hope that this is not the situation where the task force goes through, does a lot of work and nothing really happens with it.” Quinn said he’s still optimistic that thorough work on the malice statute will come. But, he said, “there needs to be a demonstration that we need to address these issues.”

Plan kills Obama’s agenda
KRINER 10 Assistant professor of political science at Boston University Douglas L. Kriner, “After the Rubicon: Congress, Presidents, and the Politics of Waging War”, page 276-77
One of the mechanisms by which congressional opposition influences presidential cost-benefit calculations is by sending signals of American disunity to the target state. Measuring the effects of such congressional signals on the calculations of the target state is always difficult. In the case of Iraq it is exceedingly so, given the lack of data on the non-state insurgent actors who were the true “target” of the American occupation after the fall of the Hussein regime. Similarly, in the absence of archival documents, such as those from the Reagan Presidential Library presented in chapter 5, it is all but impossible to measure the effects of congressional signals on the administration’s perceptions of the military costs it would have to pay to achieve its objectives militarily. By contrast. measuring the domestic political costs of congressional opposition, while still difficult, is at least a tractable endeavor. Chapter 2 posited two primary pathways through which congressional opposition could raise the political costs of staying the course militarily for the president. First. high-profile congressional challenges to a use of force can affect real or anticipated public opinion and bring popular pressures to bear on the president to change course. Second, congressional opposition to the president’s conduct of military affairs can compel him to spend considerable political capital in the military arena to the detriment of other major items on his programmatic agenda. On both of these dimensions, congressional opposition to the war in Iraq appears to have had the predicted effect.  

Solves multiple extinction scenarios. Morimoto ‘15
Andy Morimoto is a research associate at The Chicago Council on Global Affairs. “The Strategic Costs of TPP Failure.” The Diplomat. August 22, 2015. http://thediplomat.com/2015/08/the-strategic-costs-of-tpp-failure/ JJN
The Trans-Pacific Partnership is in trouble. Trade ministers failed last month to conclude the massive 12-nation trade deal by their hoped-for summer deadline, putting negotiations in danger of collapse. This is a problem. Trade advocates argue that letting the TPP die would be a significant lost opportunity for the global economy. But there’s a potentially bigger problem here – one that may have serious consequences for both U.S. national security and regional stability in the Asia-Pacific. Just consider the strategic backdrop against which last month’s negotiations occurred. Maritime disputes flaring across the South China Sea. Tensions rising between Beijing and Tokyo. Perennial friction between China and Taiwan and a growing nuclear stockpile in North Korea. If the TPP falls through, it could greatly hurt the America’s ability to stabilize the fraught geopolitics of Asia. Some have argued that a TPP failure would be a net positive for regional stability. The deal, they claim, would isolate and provoke China, and should therefore be abandoned. But this view is blinkered. Given the high trade volumes and trade arrangements across the Asia-pacific, China stands very little chance of being isolated. Moreover, Chinese officials have other ventures on their minds. According to He Weiwen, a former Chinese Commerce Ministry official, “the Chinese are more or less neutral because we have our own agenda, pushing forward ASEAN plus six and the Silk Road.” In fact, there are a number of reasons to believe that the opposite is true: that a TPP failure will cause a number of strategic problems for the U.S. in the Asia-Pacific. First, failure would mean stunting the growth of America’s Pacific partners. This is problematic for two reasons. Most importantly, fewer states would be devoting fewer resources to meet shared challenges like counterterrorism and climate change. In addition, as countries get richer and more interdependent, they become more invested in the well-being of their neighbors. And while free trade, interdependence, and prosperity do not guarantee stability and peace (see: World War I), they do create conditions that make conflict less appealing. Second, failure would create more potential for instability and crises. Consider a hypothetical scenario in which China and one of its neighbors along the South China Sea (say, Vietnam) get into a serious spat over territorial claims. With the TPP, this spat would be less likely to escalate into a full-blown crisis, as China understands that the U.S. is more inclined to intervene in situations that threaten its growing trade interests. Without the TPP, there is less clarity about U.S. resolve, so the potential for miscalculation and escalation increases. Third, failure would send a strong signal that the U.S. no longer has the political will to lead in the region. This would come at a time when allies are already uncertain of U.S. commitments. Earlier this week, for example, Japan’s trade minister expressed disappointment in last month’s trade meetings, saying “every TPP country wondered why the U.S. was quick to give up the conclusion without its usual relentless persistence.” If the U.S. allows negotiations to collapse, it would demonstrate the Obama administration’s declaration – that the U.S. is “all in, when it comes to the Asia-Pacific” – to be hollow. This has important geopolitical implications. If Asia’s great powers perceive the U.S. to be unserious about its role in the region, this will increase the incentive for the powerful regional states (i.e. China and Japan) to jockey with one another for regional hegemony. Finally, failure would be a missed opportunity for the U.S. economy – and America’s ability to project strength abroad rests on its economic foundation at home. According to an analysis from the Peterson Institute, U.S. income gains under the TPP would be significant, potentially adding $59 billion per year by 2020. Failing to conclude the TPP would forego these potential gains, and would make it more difficult for the U.S. to stem the defense cuts put in place by the sequester and invest in our military presence in the Asia-Pacific. The Nobel Prize winning economist Thomas Schelling noted that “trade is what most of international relations are about. For that reason trade policy is national security policy.” Today, U.S. trade policy – and indeed, its national security policy – are in danger of falling apart. Getting something as big and complicated as the TPP across the line won’t be easy. But given the smoldering flashpoints across Asia, the U.S. can hardly afford to squander any tools in its foreign policy toolkit. The stakes are too high.

Regional hegemony is key to stop nuke war.  Rudd 11

Rudd 11 – Kevin Rudd, Australian Minister for Foreign Affairs, “The Case for American Engagement in Asia: The Australian Perspective”, 9-15, http://foreignminister.gov.au/speeches/Pages/2011/kr_sp_110915.aspx?ministerid=2

THE GEO-STRATEGIC RAMIFICATIONS  But as nations change, so too do relations between nations.  The emergence of new powers inevitably brings new strategic complexity, as the power relativities of the 20th century give way to the new ones.  Asia will be vulnerable to a host of strategic uncertainties, arising from the need for new powers to integrate into the global economic and political order, and for the established powers to accommodate them.  The potential for misunderstanding — and the consequences of miscalculation — is also vast.  Tensions like those we see in the South China Sea, the East China Sea, the Korean Peninsula and the Persian Gulf may become even more difficult to manage.  Make no mistake: these aren’t just regional problems.  Questions about the future of the South China Sea touch on every regional country’s future, given their global strategic and economic significance.  This theme isn't new, but what I can tell you about this strategic shift is that we — Australia and the United States — will face it as allies.  Sure, there is the possibility of instability in our region.  But we've faced the possibility of conflict — and actual conflict — together in the past.  Many different tests, circumstances and challenges have put the acid to our alliance since the ANZUS treaty was signed, 60 years ago.  We've been reminded again that the only time the ANZUS treaty has been formally invoked was ten years ago this week — in response to the attacks on September 11.  But military and intelligence cooperation with the US continues across a wide range of theatres within the framework of the Alliance.  Here in San Francisco — where the ANZUS treaty was signed, all those years ago — I'm reminded that Australian and American servicemen and women have fought, flown, sailed and — I'm reliably informed — surfed together since the Pacific War.  Today, that Alliance continues to grow in meaning and intensity.  We are fighting together in Afghanistan; working together against global threats like piracy; and responding together to natural disasters across the region.  For us, for our relationship, the end of the Cold War hasn’t meant a downgrading of the importance of our Alliance — if anything, it’s become more intense and more important.  So as we face the challenges of the 21st Century — the challenges of the shift of power to Asia — we will do so together.  We’re working together to ensure our forces are aligned in the right way to provide for the national security of our two countries, and to help us shape the emerging regional environment.  Our forces have to be able to respond to the range of contingencies that can arise in our region, including humanitarian assistance and disaster relief.  Increasingly, we aren’t just working with each other, but with other regional players.  I'm not just talking about the Pacific, or the Asia-Pacific.  The critical region for our future now extends to include the Indian Ocean as well.  The growing strategic importance of the Indian Ocean starts with India's rise.  India is the largest democracy in the world.  Forecast to be the third largest economy in the world in coming decades, it is in the interest of both the United States and Australia for India to play the role of a major international power.  For now, India’s focus remains South Asia.  But its strategic weight is increasing with its increasing economic size and strength.  India is increasingly looking east with interest, both for strategic and economic reasons, and because of long-standing cultural connections.  But the importance of the Indian Ocean also lies in its unique role in maritime security and sea lines of communication for a much larger group of economies, both in Europe and Asia.  Lying between the Middle East energy sources and the dynamic global engine room of Asia, its importance grows with each passing year.  The pressures on the Gulf and West Indian Ocean choke points will intensify, as India grows and East Asian centres of growth remain reliant on Gulf energy and African resources.  In the 21st Century, questions of resource, energy and food security are becoming more vital than ever.  As Robert Kaplan says, the Indian Ocean is once again at the heart of the world, as it was in ancient and medieval times.  THE ROLE OF THE UNITED STATES  The United States has been a guarantor of security and economic prosperity in the Asia-Pacific for decades.   But the 21st Century will demand more.  As the world changes, it's even more critical that the US builds its engagement with our region.  As the United States transitions back from tough and unforgiving wars in Iraq and Afghanistan, it might seem tempting to resist the case for further international engagement.  President Obama has already rightly intensified US involvement with East Asia.  It remains the case, in one way or another, that the United States is vital in solving common problems collectively.  No other power is able or willing to support essential global public goods — like the free movement of trade, capital and people around the world.  Sea-lane security, regional security in critical regions like the Gulf, open markets, the reserve currency, deep and liquid capital markets — who else provides these global public goods?  America has faced these questions before.  On the eve of entry into World War II, Henry Luce's seminal editorial in Life magazine on the American Century was much more than a statement about relative power, as America assumed its position in the new order.  It was a call for American leadership in international affairs.  It is in America’s interest and the world’s interest to provide that leadership — because in its absence, the risks grow that we will see destabilisation that threatens us all.  The interdependence of our economies has been shown clearly by the financial crisis, and a collapse in the conditions for open trade would be an economic disaster for all trading nations.  I share President Obama's view that America can neither retreat from "responsibility as an anchor of global security" nor "confront... every evil that can be found abroad".  But President Obama talked of the need for a "more centered course" — and that lies in a deep US engagement in Asia.  I believe the vast majority of the countries of Asia welcome that continued and expanded American strategic role in our hemisphere.  As Indonesia’s President Yudhoyono said in November 2008, as the financial crisis was wreaking havoc upon us, “none of these global challenges can be addressed by the world community without having America onboard. And conversely, none of these issues can be resolved by the United States alone.”  And as Lee Kuan Yew said a year later, “the consensus in ASEAN is that the US remains irreplaceable in East Asia.”  In the 21st Century, the US needs substantial, sophisticated, nimble engagement in the region.  

Case
We’ll go through their evidence and demonstrate the problems

Gray says lack of GOVERNMENT accountability is the problem- even when mandatory response laws are passed police command don’t enforce them. It also says the lack of an affirmative right to police action is a problem- the aff doesn’t fix either of these problems 

Lela Gray, J.D. Candidate, Albany Law School, 2011; B.A., University of South Florida, 2007. “Municipal Accountability in Domestic Violence: A Promising New Case,” http://www.albanygovernmentlawreview.org/Articles/Vol04_1/4.1.362-Gray.pdf
In this paper, I argue that one reason for the continued existence of this IPV domestic violence plague is the lack of local government and law enforcement accountability. In Part I of this paper, I discuss the general rule that the Due Process Clause of the Fourteenth Amendment confers no affirmative right to governmental protection, and the two exceptions to the general rule. I posit that even though these two exceptions were supposed to enhance governmental accountability, the courts’ interpretation of these exceptions has meant that municipalities and the police are seldom held responsible in claims brought under 42 U.S.C. § 1983 (§ 1983 claims), even when they fail to adhere to the laws. The U.S. Commission on Civil Rights reported in 1978 that on the issue of intimate violence, “the most serious law enforcement problem . . . is the failure of the police to respond to a call for help.”14 Six years later, the U.S. Attorney General’s Office announced a nationwide failure of law enforcement to respond adequately in IPV domestic violence cases.15 Reports like these spurred the passage of mandatory arrest policies in many states;16 however, in the 1990’s the studies and reports on IPV domestic violence continued to show an overall inadequate police response to the problem.17 One reason for the inadequate response is a lack of local government and law enforcement accountability. Expanding the applicability of the Fourteenth Amendment substantive due process exceptions would help cure this problem.

Their stein Evidence is not a solvency advocate- it is not about qualified immunity or 1983 suits –its about Alabama state law that the plan wouldn’t effect –they selectively underlined it to not show that
Kelsey Stein, journalist for AL.com, “Wrongful death lawsuit dismissed after Hoover police did not immediately enter home after woman’s fatal stabbing,” September 18, 2104, http://www.al.com/news/birmingham/index.ssf/2014/09/judge_dismisses_lawsuit_claimi.html
The death of my sister, Kimberly Jamison Ozburn, is a chilling example of what can happen when police wait to assist a victim. The facts of the Jamison family's subsequent lawsuit must not be ignored. On March 19, 2013, Kimberly called 911 at 9:25 p.m., telling dispatch that her assailant had a gun, pleading for police to "come fast," and, a short time later, screaming that her assailant was stabbing her. She desperately needed help, and she needed it fast. Our mother, Virginia, escaped from the home and called dispatch at 9:28, telling them the assailant's full name, that he was armed with a knife and gun, and that, as she fled the scene, he was trying to stab her daughter. Police arrived during this call, which records Virginia telling police this essential information and also how to enter the house, and where Kimberly and her assailant were located. The first two responders were on the scene by 9:30, fully aware of the information in the 911 calls. By 9:37, four more officers had arrived. My family, then, doesn't understand how it could have taken almost two hours for these officers to "assess the situation" and "develop a plan" before entering the home at 11:16 p.m. The city of Hoover explains the action of its officers by claiming that a fast entry would not have been in time to prevent Kimberly's death. But we do know this: an ambulance was on the scene by 9:32. The Jamison home is less than a half mile from the interstate; less than 10 minutes from UAB hospital. And phone records show that Kimberly was alive -- she attempted to make an outgoing call from the house phone -- at 9:34 p.m. Virginia sued the city, but that wrongful death action was dismissed, not because of lack of merit, but because of the Alabama law that renders police immune from lawsuits. And that, we believe, is the larger issue stemming from this incident: In times of crisis, citizens should be able to count on police who know how to respond promptly! The Jamison family fears that survivors victims of domestic violence in Alabama are in a truly terrible situation, unable to rely on 911 for meaningful assistance. We understand that the purpose of qualified immunity is to encourage police to take actions in the line of duty without concern about being second-guessed after the fact.  However, under the Alabama statute and the Cranman state Supreme Court restatement of immunity law, police are protected by this "qualified' immunity under almost all circumstances, unless their decision making is willful, malicious, or in bad faith.  We believe Hoover PD was negligent in its failure to act. We acknowledge that Alabama law confers immunity to protect police negligence, but we believe that law needs to be changed. Serious negligence should not be protected. And police should not enjoy immunity when they fail to take reasonable action.

Their second Gray card is a reason to vote neg on presumption- it says UNLESS local governments are held accountable there will be no effect on IPV. Gray 2
However, both the “special relationship” exception and the “state-created danger” exceptions have been applied only in the most flagrant cases, which effectively stripped the exceptions of any usefulness in the area of domestic abuse. While this narrow application is sound in most areas of the law, there is a sore need and good reason for expansion and broad application of these exceptions in the area of domestic violence. Unlike other criminals, batterers often continue to abuse the same survivors victim(s) day-after-day. Also unlike other crimes or torts, IPV domestic violence is not a random crime and the survivors victims of domestic violence are not sporadically chosen. Because domestic violence is so widespread and the victims are often re-victimized again and again, empowerment of batterers is particularly troublesome. When officers like those in the Okin case empower batterers, they send a message that the continued torment of the victim is permissible. The Battered Women’s Movement and other activist groups have done their jobs and pushed for over twenty years to get the attention and backing of the New York Legislature. Likewise, Congress and other State Legislatures have made great strides nationally in the area of domestic violence, enacting domestic violence statutes over the past twenty years both federally and in every state in the nation.163 Without local government accountability in federal court, IPV domestic violence laws remain nearly meaningless. Extending Okin and allowing §1983 claims against state and local governments in the area of domestic violence will help ensure that batterers are not empowered by deliberate indifference and a custom of inaction. This expansion and a broader application of substantive due process in domestic violence cases will add teeth to the current domestic violence laws as local governments and police face accountability under § 1983. Without accountability, the huge strides made in IPV domestic violence legislation over the past twenty years will remain but words on a page.
Turns
Civil suits don’t encourage reform- prefer our evidence it’s a direct response to their 1AC evidence Harmon 09
Rachel A., PROMOTING CIVIL RIGHTS THROUGH PROACTIVE POLICING REFORM, 2009 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 62 STAN. L. REV. 1 (2009). For information visit http://lawreview.stanford.edu.
Federal law has played an important role in regulating police misconduct. In particular, federal criminal prosecutions, civil suits for damages under § 1983, and the exclusionary rule are all legal tools that attempt to reduce police misconduct by punishing specific incidents of it and by deterring it in the future. Unfortunately, each is inadequate to promote wholesale institutional change. Federal criminal civil rights prosecutions face significant legal and practical obstacles, including that federal law imposes an onerous intent requirement on civil rights crimes; that victims of police misconduct often make problematic witnesses; and that juries frequently believe and sympathize with defendant officers.16 As a result, prosecutions against police officers are too rare to deter misconduct. Even if criminal prosecutions were more common, however, it is not clear that charges against individual officers would encourage departmental change. Almost inevitably, when some officers in a department are prosecuted, others are not. Criminal prosecution may therefore enable cities to characterize egregious misconduct as resulting from individual pathology rather than systemic problems and to deny the need for departmental improvement.17 Successful § 1983 suits for damages encourage some departmental reform, but they too are limited. Suits against individual officers are difficult to win, both because they suffer some of the same trial challenges as criminal cases against officers, and because officers often have qualified immunity for their actions, even when the conduct is unconstitutional.18 Suing supervisors or chiefs often requires establishing deliberate indifference or reckless action rather than negligence, and suing a city requires a plaintiff to show that misconduct was not only unconstitutional, but reflected municipal “policy” or “custom.”19 Some civil actions succeed despite these obstacles, but many incidents of serious misconduct result in an unsuccessful § 1983 suit or an inexpensive settlement, and therefore provide little incentive for reform.20 Moreover, some scholars have argued that even when plaintiffs win civil suits, damages actions against government actors are an ineffectual—even perverse—means of encouraging local officials to reduce misconduct.21 Daryl Levinson, for example, contends that government officers, police chiefs, and mayors respond to political incentives, and may never be forced to internalize the economic costs of damages paid by municipalities.22 Although Levinson may overstate the case against civil suits,23 he persuasively argues that even when they are successful, civil suits are at best an inefficient and limited means of encouraging institutional reform.24 Footnote- 16. See, e.g., Barbara E. Armacost, Organizational Culture and Police Misconduct, 72 GEO. WASH. L. REV. 453, 465-67 (2004); Mary M. Cheh, Are Lawsuits an Answer to Police Brutality?, in POLICE VIOLENCE 247, 253, 258-59, 266 (William A. Geller and Hans Toch eds., 1996); John V. Jacobi, Prosecuting Police Misconduct, 2000 WIS. L. REV. 789, 806-11; David Rudovsky, Police Abuse: Can the Violence Be Contained?, 27 HARV. C.R.-C.L. L. REV. 465, 488, 490-92 (1992

Testifying in court can cause psychological damage – moving away from courts as a whole is better. Nelson 06
Leah Nelson, 8-1-2006, "Testifying in Court Can Amplify Trauma For Victims of Childhood Sexual Abuse," Association for Psychological Science, http://www.psychologicalscience.org/publications/observer/2006/august-06/testifying-in-court-can-amplify-trauma-for-victims-of-childhood-sexual-abuse.html MG
It goes without saying that childhood sexual abuse is often a traumatic experience. Add to that revisiting the abuse in courtroom testimony, and a complex picture emerges about the full impact the abuse can have on a victim. In her invited address at the APS 18th Annual Convention, “Childhood Trauma, and Court: The Psychology and the Law,” Gail Goodman, University of California, Davis, discussed research findings on the after-effects of childhood sexual abuse (CSA), highlighting the potentially damaging effects of a related event that is all too often overlooked: the trauma of testifying about CSA during trial. Between 1986 and 1988, Goodman and her team of researchers studied the behavioral patterns of over 200 children involved as victims in CSA prosecutions. They re-interviewed 174 of the victims as young adults (between 1997 and 2001), looking at their memories of the abuse and their current pathology and searching for correlations between their state as young children at the time of the CSA prosecutions and their later mental health. “The picture is really complex, and you have to understand the circumstances surrounding the child and the case to make a prediction,” said Goodman. Certain conditions, such as whether the child had to testify multiple times throughout a prosecution, was the strongest predictor of later traumatization. Other, less stable predictors include gender, age at the time of testimony, and the length of the perpetrator’s sentence. In children who testified multiple times, especially if the abuse was severe and intrafamilial, Goodman’s team found correlations with later sexual problems, defensive avoidance, and internalization problems, such as depression. Even “children who in the 1980s seemed more resilient, if they testified more than once, later as adults did nearly as badly as those who presented behavioral problems” at the time of testimony, Goodman said. Children who were already deeply disturbed at the time of the testimony fared worst of all: “If the child is already crying at that point, that’s a bad sign for later on.” Despite these troublesome findings, Goodman does not believe that keeping young children from testifying is always the right solution. “In terms of attitudes, it may be important for the child to testify,” she said. CSA victims who had the chance to speak at trial tend to have a more positive attitude towards the legal system and are more likely to think that the trial of their abuser was fair, she explained. Part of Goodman’s study focused on memory in conjunction with research on post-traumatic stress disorder (PTSD), and Goodman’s team found many connections between the two. Delayed disclosure of CSA is common, so knowing how well people remember is important in considering whether they should testify about events that occurred. Goodman asked the adults what they remembered about the CSA and also what was the most traumatic event of their lives. Based on comparisons between what they reported as young children and what they said when later interviewed, adults with PTSD who were victimized had clear memories of the abuse whether or not the PTSD was caused by CSA. Those with few symptoms of PTSD who remembered something else, like a car accident, as their most traumatic life event had the least accurate memories. She proposed that poor memory is associated with defensive avoidance: that individuals who suppress their feelings about the trauma, don’t want to think about the past, and don’t show signs of PTSD are more likely to have faded memories than those who are more overtly traumatized. Overall, the best predictor for correct memory was the level of abuse. “The worse it is, the more traumatizing, the better the memory,” she said. However, for avoidant individuals, this was not necessarily so. Throughout her presentation, Goodman emphasized that although predictors exist, there are variations among individuals that must be considered in each case. Regardless of this caveat, audience members were intrigued. Chuck Mueller, a child clinical psychologist from the University of Hawaii at Manoa, said, “It’s very interesting, very provocative…. I was thinking about how much we want to incorporate this topic.” National Institute of Child Health and Human Development researchers Mel Pipe and Yael Orbach expressed their admiration for Goodman’s care in taking so many factors into account. “She, in many ways, started the field,” said Pipe. “It really is a great example of science being applied.”

Tournament: Grapevine | Round: 2 | Opponent: Cy-Fair KA | Judge: Kris Wright
SSD CP, Warming DA, Elections DA

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Tournament: Grapevine | Round: 4 | Opponent: Collegiate DM | Judge: Paul Gravley
Must spec one country theory, Orientalism K, case answers to nuke propoganda

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Tournament: Holy Cross | Round: 2 | Opponent: Prosper EH | Judge: Craig Wall
MSR CP, Warming DA, case answers to indigenous

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Tournament: Holy Cross | Round: 3 | Opponent: Katy Taylor CR | Judge: Jonathan Alston
T - Generics, Japan Econ DA, Japan Regulations CP, case answers

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Tournament: Holy Cross | Round: 6 | Opponent: Prosper MK | Judge: Clement Agho Otoghile
Oppression (Mills) FW and Africa PIC

Tournament: St Marks | Round: 2 | Opponent: Lynbrook SZ | Judge: Rodrigo Paramo
T - Plural, Ukraine DA, Heg Impact Turn, Terrorism case D

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Tournament: St Marks | Round: 3 | Opponent: Immaculate Heart MC | Judge: Neel Yerneni
T - Plural, MSR CP, Warming DA, India-Russia Relations DA, 2 impact d cards

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Tournament: St Marks | Round: 5 | Opponent: Cedar Park MT | Judge: Bekah Boyer
Armenia PIC, Russia-Armenia Relations DA, Econ DA, PIC Theory Pre-empt

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