Tournament: Damien | Round: 1 | Opponent: ab | Judge: cd

My value is equality and my role of the ballot is a vote to confront racism. The role of the judge is to act as an ethical educator, teaching how to best deal with racism.

Racism is a side-constraint on any ethical theory.

Memmi, 2000 - prof of sociology @ U of Paris ~Albert. Racism. Trans. Steve Martinot. Minneapolis: U of Minnesota Press, 2000.
The struggle against racism will be long, difficult, without intermission, without remission
AND
. True, it is a wager, but the stakes are irresistible.

Ethics based on abstraction or universal morality inevitably reinforce existing racist dominance, because color blindness ignores the contingent nature of racism.  We must focus on the Lived Experience of those facing racism.

Bonilla-Silva 2006 - Professor of Sociology at Duke University ~Eduardo,  "Racism without racist: Color-Blind Racism and the Persistence of Racial Inequality in the United States" pp25-8~
If Jim Crow's racial structure has been replaced by a ''new racism,''
AND
practices behind segregation and being unconcerned about these practices' negative consequences for minorities.

Ending racism must take priority over other goals because racism makes all other values impossible – it warps equality, justice and morality.

Lipsitz 2000 - Professor at Department of Ethnic Studies at University of California, (George, October 2000, "The White 2K Problem" (for Cultural Values ISSN 1362-5179 Volume 4 Number 4 pp.518-524)
The persistence of residential segregation, educational inequality, environmental racism, and employment discrimination
AND
At the same time, their unearned disadvantages structure unearned advantages for whites.

Racism must take priority over util – racism is the flaw in utility, because the "greatest good for the majority" will always sacrifice the minority. When this sacrifice takes place in the name of race, it makes war and conflict inevitable.

Foucault '76 ~Michel, Society Must be Defended: Lectures at the College de France, 1975-1976, p. 254-257 Trans. David Macey~
What in fact is racism? It is primarily a way of introducing a break
AND
second half of the nineteenth century), except by activating the theme of racism

Solutions to racism must embrace political advocacy to avoid being trapped in theory. Abstract alternatives undermine any productive discussion

Curry 2014 – prof of philosophy at Texas AandM Univ. ~Dr. Tommy J. The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21 st Century. http://www.academia.edu/9798210/The_Cost_of_a_Thing_A_Kingian_Reformulation_of_a_Living_Wage_Argument_in_the_21st_Century
This gap between what is actual (in the world), and what is represented
AND
used to currently justify the living wages in under our contemporary moral perspectives. 

Legal reforms within the system are necessary to end racism – there is no alternative, and the system is more flexible for change than kritik authors claim.

West 1988 - Director of the Afro-American Studies Program, Princeton University, ~Cornell, 97 Yale L.J. 757, Lexis
There simply is no intellectually acceptable, morally preferable, and practically realizable left social
AND
struggle for legitimation — with contested interpretations the primary motor in this struggle.

Contention One: Harms - Qualified immunity uniquely oppresses minority groups

Police abuse is the cornerstone of white supremacy – historically, it has progressed from colonialism, through slavery and Jim Crow to current racist violence by police

Smith, 2016 – Dean of Clinical Programs at UDC School of Law ~Jonathan Michigan Journal of Race and Law Spring, 21 Mich. J. Race and L. 315 Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions Lexis~
II. The Democratizing of Policing Can Help Overcome the Barriers Erected to Civil Litigation
AND
in political power to avoid the reality of the African-American community.

Qualified immunity is structural racism – it contributes to the social factors that make African Americans vulnerable to police violence.

McLeod, 2016 – prof of Law at Georgetown University Law Center ~Allegra Georgetown Law Journal August, 104 Geo. L.J. 1405 Confronting the Carceral State Lexis~
Devon Carbado introduces another explanatory account of the persistence of police abuse of African-
AND
, rather than measures that address only the behavior of errant officers. n41

Police abuse too often goes unpunished. This destroys the trust by minority communities for law enforcement. Until the police are held accountable, no communities are truly safe and secure

Wallis, 2016 - president of Sojourners,~ Jim Sojourners Magazine 05-24-2016 "No Accountability, No Trust" https://sojo.net/articles/no-accountability-no-trust
Freddie Gray died in Baltimore police custody after being arrested last April without any good
AND
children will not be safe. Unaccountable must become unacceptable for the police.

Contention Two: Solvency

Limiting qualified immunity protects individual rights and encourages constitutional development

Williams, 2012 – JD from Vanderbilt ~John Vanderbilt Law Review May, 65 Vand. L. Rev. 1295 Qualifying Qualified Immunity Lexis~
This Note examines how the Court could modify the doctrine of qualified immunity to ensure
AND
constitutional question first will in many cases allow for more robust constitutional jurisprudence.

Limiting Qualified Immunity is the most important reform to hold police accountable. All other reforms will fail without eliminating qualified immunity

Wright, 2015 - a Public Interest Lawyer, ~Sam Above the Law Blog, Nov 3, 2015 "Want to Fight Police Misconduct? Reform Qualified Immunity" http://abovethelaw.com/2015/11/want-to-fight-police-misco…~
Recently, police have been killing and otherwise abusing people of color with what seems
AND
want to see justice done, we should push to make it happen.

Only limiting Qualified Immunity defenses can hold police accountable. Criminal prosecutions of police cannot solve abuse or violence, because juries and judges will not convict police officers of crimes. Congress should change Section 1983 to eliminate Qualified Immunity.

Newman, 2016 - senior judge on the U.S. Court of Appeals for the 2nd Circuit ~Jon O. The Washington Post June 24, 2016 "A better way to punish police How to punish police: Sue them for negligence" https://www.washingtonpost.com/opinions/heres-a-better-way-to-punish-the-police-sue-them-for-money/2016/06/23/c0608ad4-3959-11e6-9ccd-d6005beac8b3_story.html?utm_term=.c67051e854f7~~

The acquittal Thursday of another Baltimore police officer charged in the death of Freddie Gray, like the acquittal 25 years ago of the Los Angeles officers who beat Rodney King, reveals the inadequacy of the criminal-law remedy. Suing the police for money under a strengthened federal civil rights law would be a better response to police misconduct. Right now, however, federal law makes it more difficult to sue a police officer for denying a citizen their constitutional rights than for injuring him by ordinary negligence. If an officer negligently drives his car and injures a citizen, the victim can win money just by proving negligence, and the city that employs the officer pays whatever the jury awards. But when an officer uses excessive force or makes an unlawful arrest or search, proving wrongful conduct is not enough. Under Section 1983 of the federal civil rights statute, the officer can escape liability with the special defense of qualified immunity - showing that he reasonably believed his conduct was lawful, even if it was not. And if the jury finds the officer liable, federal law does not require his employer to pay the award. Juries, and even judges in non-jury trials, are reluctant to convict police officers of a crime, even in the face of ample evidence. With rare exceptions, they simply will not say "guilty" and risk sending an officer to prison. Suing the officer for money damages in a federal civil rights suit is the only realistic way to establish police misconduct and secure at least some vindication for victims and their families. But Congress needs to strengthen Section 1983 in three ways. First, the defense of qualified immunity should be abolished. If an officer violates the Constitution, the victim should win the lawsuit, just as he or she wins when hit by an officer negligently driving his vehicle. Second, the city (or county or state) that employs the officer should pay a damage award, just as a governmental employer pays for injury caused by an officer's negligent driving. A jury would be more willing to rule against a city than to make a police officer pay out of his own pocket. Third, the local U.S. attorney, not just the victim of the unconstitutional conduct, should be authorized to bring the suit. When federal law has been violated, a federal lawyer should act on behalf of the victim. A jury is more likely to take the matter seriously if a U.S. attorney sues than when the victim is the plaintiff, who can sometimes be perceived as a not very respectable member of the community. There is no reason for federal law to make it more difficult to hold a police officer accountable for denying constitutional rights than for injuring by negligent conduct. Congress should act to make a strengthened Section 1983 remedy available for the next episode of police misconduct.

Tournament: Alta | Round: 5 | Opponent: Yeah | Judge: Yeah

Racism AC

My value is equality and my role of the ballot is a vote to confront racism. The role of the judge is to act as an ethical educator, teaching how to best deal with racism.

Racism is a side-constraint on any ethical theory.

Memmi, 2000 - prof of sociology @ U of Paris ~Albert. Racism. Trans. Steve Martinot. Minneapolis: U of Minnesota Press, 2000.
The struggle against racism will be long, difficult, without intermission, without remission
AND
. True, it is a wager, but the stakes are irresistible.

Ethics based on abstraction or universal morality inevitably reinforce existing racist dominance, because color blindness ignores the contingent nature of racism.  We must focus on the Lived Experience of those facing racism.

Bonilla-Silva 2006 - Professor of Sociology at Duke University ~Eduardo,  "Racism without racist: Color-Blind Racism and the Persistence of Racial Inequality in the United States" pp25-8~
If Jim Crow's racial structure has been replaced by a ''new racism,''
AND
practices behind segregation and being unconcerned about these practices' negative consequences for minorities.

Ending racism must take priority over other goals because racism makes all other values impossible – it warps equality, justice and morality.

Lipsitz 2000 - Professor at Department of Ethnic Studies at University of California, (George, October 2000, "The White 2K Problem" (for Cultural Values ISSN 1362-5179 Volume 4 Number 4 pp.518-524)
The persistence of residential segregation, educational inequality, environmental racism, and employment discrimination
AND
At the same time, their unearned disadvantages structure unearned advantages for whites.

Racism must take priority over util – racism is the flaw in utility, because the "greatest good for the majority" will always sacrifice the minority. When this sacrifice takes place in the name of race, it makes war and conflict inevitable.

Foucault '76 ~Michel, Society Must be Defended: Lectures at the College de France, 1975-1976, p. 254-257 Trans. David Macey~
What in fact is racism? It is primarily a way of introducing a break
AND
second half of the nineteenth century), except by activating the theme of racism

Solutions to racism must be obtainable and must embrace political advocacy to avoid being trapped in theory. Perfect alternatives undermine any productive discussion

Curry 2014 – prof of philosophy at Texas AandM Univ. ~Dr. Tommy J. The Cost of a Thing: A Kingian Reformulation of a Living Wage Argument in the 21 st Century. http://www.academia.edu/9798210/The_Cost_of_a_Thing_A_Kingian_Reformulation_of_a_Living_Wage_Argument_in_the_21st_Century
This gap between what is actual (in the world), and what is represented
AND
used to currently justify the living wages in under our contemporary moral perspectives. 

Legal reforms within the system are necessary to end racism – they provide the only obtainable solvency, there is no alternative, and the system is more flexible for change than kritik authors claim.

West 1988 - Director of the Afro-American Studies Program, Princeton University, ~Cornell, 97 Yale L.J. 757, Lexis
There simply is no intellectually acceptable, morally preferable, and practically realizable left social
AND
struggle for legitimation — with contested interpretations the primary motor in this struggle.

Contention One: Harms - Qualified immunity uniquely oppresses minority groups

Police abuse is the cornerstone of white supremacy – historically, it has progressed from colonialism, through slavery and Jim Crow to current racist violence by police

Smith, 2016 – Dean of Clinical Programs at UDC School of Law ~Jonathan Michigan Journal of Race and Law Spring, 21 Mich. J. Race and L. 315 Closing The Gap Between What Is Lawful And What Is Right In Police Use Of Force Jurisprudence By Making Police Departments More Democratic Institutions Lexis~
II. The Democratizing of Policing Can Help Overcome the Barriers Erected to Civil Litigation
AND
in political power to avoid the reality of the African-American community.

Qualified immunity is structural racism – it contributes to the social factors that make African Americans vulnerable to police violence.

McLeod, 2016 – prof of Law at Georgetown University Law Center ~Allegra Georgetown Law Journal August, 104 Geo. L.J. 1405 Confronting the Carceral State Lexis~
Devon Carbado introduces another explanatory account of the persistence of police abuse of African-
AND
, rather than measures that address only the behavior of errant officers. n41

Police abuse too often goes unpunished. This destroys the trust by minority communities for law enforcement. Until the police are held accountable, no communities are truly safe and secure

Wallis, 2016 - president of Sojourners,~ Jim Sojourners Magazine 05-24-2016 "No Accountability, No Trust" https://sojo.net/articles/no-accountability-no-trust
Freddie Gray died in Baltimore police custody after being arrested last April without any good
AND
children will not be safe. Unaccountable must become unacceptable for the police.

Contention Two: Solvency

Limiting Qualified Immunity is the most important reform to hold police accountable. All other reforms will fail without eliminating qualified immunity

Wright, 2015 - a Public Interest Lawyer, ~Sam Above the Law Blog, Nov 3, 2015 "Want to Fight Police Misconduct? Reform Qualified Immunity" http://abovethelaw.com/2015/11/want-to-fight-police-misco…~
Recently, police have been killing and otherwise abusing people of color with what seems
AND
want to see justice done, we should push to make it happen.

Only limiting Qualified Immunity defenses can hold police accountable. Criminal prosecutions of police cannot solve abuse or violence, because juries and judges will not convict police officers of crimes. Congress should change Section 1983 to eliminate Qualified Immunity.

Newman, 2016 - senior judge on the U.S. Court of Appeals for the 2nd Circuit ~Jon O. The Washington Post June 24, 2016 "A better way to punish police How to punish police: Sue them for negligence" https://www.washingtonpost.com/opinions/heres-a-better-way-to-punish-the-police-sue-them-for-money/2016/06/23/c0608ad4-3959-11e6-9ccd-d6005beac8b3_story.html?utm_term=.c67051e854f7~~

The acquittal Thursday of another Baltimore police officer charged in the death of Freddie Gray, like the acquittal 25 years ago of the Los Angeles officers who beat Rodney King, reveals the inadequacy of the criminal-law remedy. Suing the police for money under a strengthened federal civil rights law would be a better response to police misconduct. Right now, however, federal law makes it more difficult to sue a police officer for denying a citizen their constitutional rights than for injuring him by ordinary negligence. If an officer negligently drives his car and injures a citizen, the victim can win money just by proving negligence, and the city that employs the officer pays whatever the jury awards. But when an officer uses excessive force or makes an unlawful arrest or search, proving wrongful conduct is not enough. Under Section 1983 of the federal civil rights statute, the officer can escape liability with the special defense of qualified immunity - showing that he reasonably believed his conduct was lawful, even if it was not. And if the jury finds the officer liable, federal law does not require his employer to pay the award. Juries, and even judges in non-jury trials, are reluctant to convict police officers of a crime, even in the face of ample evidence. With rare exceptions, they simply will not say "guilty" and risk sending an officer to prison. Suing the officer for money damages in a federal civil rights suit is the only realistic way to establish police misconduct and secure at least some vindication for victims and their families. But Congress needs to strengthen Section 1983 in three ways. First, the defense of qualified immunity should be abolished. If an officer violates the Constitution, the victim should win the lawsuit, just as he or she wins when hit by an officer negligently driving his vehicle. Second, the city (or county or state) that employs the officer should pay a damage award, just as a governmental employer pays for injury caused by an officer's negligent driving. A jury would be more willing to rule against a city than to make a police officer pay out of his own pocket. Third, the local U.S. attorney, not just the victim of the unconstitutional conduct, should be authorized to bring the suit. When federal law has been violated, a federal lawyer should act on behalf of the victim. A jury is more likely to take the matter seriously if a U.S. attorney sues than when the victim is the plaintiff, who can sometimes be perceived as a not very respectable member of the community. There is no reason for federal law to make it more difficult to hold a police officer accountable for denying constitutional rights than for injuring by negligent conduct. Congress should act to make a strengthened Section 1983 remedy available for the next episode of police misconduct.

Civil lawsuits provide Information and Public Pressure to encourage police reform, even if plaintiffs don't win their lawsuits

Schwartz 2010 – prof of law at UCLA ~Joanna. "What Police Learn from Lawsuits." Cardozo Law Review, http://law.stanford.edu/wp-content/uploads/sites/default/files/event/265497/media/slspublic/What_Police_Learn_From_Lawsuits.pdf.
Lawsuits are widely recognized to compensate and deter; this Article shows suits can also
AND
to create multiple, new, and even redundant sources of information."253