Tournament: Princeton | Round: 3 | Opponent: Byram Hills LP | Judge: Rahul Gosain
Part 1 is the Framework
Morality must recognize differences. Otherwise, ethics become a tool of oppression rather than a guide to action.
Young 90 Young, Iris Marion. “Justice and the Politics of Difference.” Princeton, NJ: Princeton UP, 1990. Print.
Some feminist and … affirms group differences.
And, the only way to achieve equal representation is to challenge our oppressive beliefs and practices.
Winter and Leighton 99 Winter, D. D., and Leighton, D. C. (2001). Structural violence. In D. J. Christie, R. V. Wagner, and D. D. Winter (Eds.), Peace, conflict, and violence: Peace psychology in the 21st century. New York: Prentice-Hall.
Finally, to recognize … building lasting peace.
Thus the standard is minimizing structural violence.
- It’s a prerequisite to morality for our actions to respect others.
Buggareve 99 Buggareve, Roger. (Doctorate in Moral Theology, Associate Professor at the Faculty of Theology and Religious Studies, KU Leuven; now Emeritus Professor.) “Violence and the Vulnerable Face of the Other: The Vision of Emmanuel Levinas on Moral Evil and Our Responsibility.” JOURNAL of SOCIAL PHILOSOPHY, Vol. 30 No. 1, Spring 1999, 29–45.
According to the … force that goes).
2. Controls internal link to any other framework. Morality’s purpose is to guide our action, this is impossible when it is used by powerful groups to oppress others.
And, domestic violence worsens all types of structural oppression – outweighs.
Thom 15 Thom, Kai Cheng (essayist on identity, sexuality, gender, intersectional feminism, mental health, and activism). “5 Common Ways Our Communities Fail to Address Intimate Partner Violence.” Everyday Feminism. September 10, 2015. http://everydayfeminism.com/2015/09/how-we-fail-address-ipv/ PZ
Intimate partner violence … to say, collectively.
Part 2 is the Plan
Plan Text: The United States ought to limit qualified immunity so that it does not apply to police officers whose actions or omission endanger domestic violence survivors.
Shtelmahker 1 Shtelmakher, Milena (Worked in the Investor Protection Bureau of the New York State Attorney General's Office. Juris Doctorate from Loyola Law School, Los Angeles, editor of Loyola Law Review). “POLICE MISCONDUCT AND LIABILITY: APPLYING THE STATE-CREATED DANGER DOCTRINE TO HOLD POLICE OFFICERS ACCOUNTABLE FOR RESPONDING INADEQUATELY TO DOMESTIC-VIOLENCE SITUATIONS.” Loyola Law Review Rev. 1533. 6-1-2010. http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2701andcontext=llr PZ
In cases arising … as a federal remedy.
And, laws around domestic violence response are not clearly established – officers always get immunity.
Harper 90 Harper, Laura (responsible for monitoring, analyzing and commenting on regulatory and legislative developments affecting the alternative investment industry. New York office of Kirkland and Ellis LLP, practiced in the firm's Corporate Group. JD from Cornell Law School, Master of Business Administration from Cornell University's Johnson Graduate School of Management. Bachelor of Science degree from the University of Utah). "Battered Women Suing Police for Failure to Intervene: Viable Legal Avenues After Deshaney v. Winnibago County Department of Social Services." Cornell L. Rev. 1392 (1990) http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3473andcontext=clr PZ
Should a battered … domestic violence lawsuits.
Part 3 is the Offense
There is widespread failure to investigate domestic violence.
ACLU 15 American Civil Liberties Union (ACLU is a nationwide organization that fights tirelessly in all 50 states, Puerto Rico, and Washington, D.C. to safeguard everyone's rights. It is a non partisan group). "POLICE DEPARTMENTS ASKED TO EXAMINE GENDER-BIAS AND VICTIM TREATMENT." ACLU. 12/15/15. https://www.aclu.org/news/doj-issues-new-guidance-police-domestic-violence-and-sexual-assault-cases PZ
The guidance comes … result of police conduct.
And, even when domestic violence is recognized, police still fail to intervene.
Jain 1 Jain, Niji (associate in the firm's litigation department. Law clerk to Orinda D. Evans in the United States District Court for the Northern District of Georgia. JD with honors from Emory, Robert W. Woodruff Fellow there and was Notes and Comments Editor at the Emory Law Journal. BA from Stanford). "ENGENDERING FAIRNESS IN DOMESTIC VIOLENCE ARRESTS." EMORY LAW JOURNAL, Vol. 60, 2011. http://law.emory.edu/elj/_documents/volumes/60/4/comments/jain.pdf PZ
The facts of … barriers to accountability.
And, without police action, abusers are encouraged to be more violent.
Jain 2 Jain, Niji (associate in the firm's litigation department. Law clerk to Orinda D. Evans in the United States District Court for the Northern District of Georgia. JD with honors from Emory, Robert W. Woodruff Fellow there and was Notes and Comments Editor at the Emory Law Journal. BA from Stanford). "ENGENDERING FAIRNESS IN DOMESTIC VIOLENCE ARRESTS." EMORY LAW JOURNAL, Vol. 60, 2011. http://law.emory.edu/elj/_documents/volumes/60/4/comments/jain.pdf PZ
There are several … gender-based violence survivors.
And, domestic violence is horrific. Survivors are injured, traumatized, their lives destroyed.
NCADV 07 National Coalition Against Domestic Violence (nonprofit organization about domestic violence, founded in 1978). “Domestic Violence Facts.” Every Home a Safe Home. NCADV Public Policy Office, Washington D.C. July 2007. PZ
Domestic violence is … victim were violated.
And, IPV affects all women in society. It reinforces men as superior in a vicious cycle of oppression.
Seith 97 Seith, Patricia A (Law at Stanford U). “Escaping Domestic Violence: Asylum as a Means of Protection for Battered Women.” 1997. Columbia Law Review, Vol. 97, No. 6. http://www.jstor.org/stable/1123390?loggedin=trueandseq=1#page_scan_tab_contents PZ
Violence is used … control over women.
Part 4 is Solvency
Limiting QI is the best solution – police help survivors if they are held responsible.
Dean 98 Dean, Michael (Attorney, graduated from Albion College, degree in Economics and Professional Management. University of Detroit Law School). "THE FAILURE OF LAW ENFORCEMENT TO ENFORCE THE LAW." April 8, 1998. http://mdean.tripod.com/immunity.html PZ
For example, historically … the facts demanded it.
And, lawsuits deter police negligence – studies prove.
Ferdik 13 Ferdik, Frank V. "Perception is Reality: A Qualitative Approach to Understanding Police Officer View on Civil Liability" COGINTA. For Police Reforms and Community Safety. Working Paper No. 49. Geneva Centre for the Democratic Control of armed forces.. Department of Criminology and Criminal Justice. University of South Carolina.August 2013. PZ Methodology: 975 law enforcement sent survey, with 607 surveys returned. Questions asked if officers strongly agreed, agreed, had no opinion, disagreed, or strongly disagreed / yes or no. “No opinion” responses were treated as missing information and therefore not included. Responses to all survey questions were examined for the effects of occupation, years of experience, education, and rank on the answers.
It appears that … he must deal.
And, benefits are two-fold: limiting QI deters future negligence while lawsuits help existing survivors.
Carey 14 Carey, Camille (Associate Professor, University of New Mexico School of Law). “Domestic Violence Torts: Righting a Civil Wrong.” Kansas Law Review, vol. 62. 2014. https://pdfs.semanticscholar.org/72c5/bd8fbb4597777051242fe0daf0a3d2e6eae2.pdf PZ
Domestic violence survivors … violence, 5 severely.