Tournament: GBX | Round: 4 | Opponent: U kno who dis is | Judge: U kno

CP

Text – the United States Congress should pass legislation limiting qualified immunity for police officers by… ought to limit qualified immunity by adopting the Ninth Circuit's decision on Title II of the Americans with Disabilities Act's applicability to arrest situations in Sheehan v. City and County of San Francisco as a legal precedent for all circuits on the next available test case.

Contention One is Solvency

Remember – the Affirmative has No Defense of the Court as an Actor – they may have evidence saying that the Court Can solve, but there is no evidence or arguments for why Court action is Necessary. If we both solve the case Exactly the same, then any Risk of the net benefit means you vote negative.

Congress should limit qualified immunity – this will increase accountability

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~~
Suing the officer for money damages in a federal civil rights suit is the only
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a strengthened Section 1983 remedy available for the next episode of police misconduct. 

Congressional change is better than the court – it improves public acceptance which is key to shifting culture – the Court sparks a public backlash

Stoddard, 1997, Lambda's former executive director  ~~Thomas, November, New York University Law Review "Bleeding heart: Reflections on using the law to make social change", http://law.ubalt.edu/downlo ads/law_ downloads/Stoddard.pdf~
C. The Legitimacy (Validity) of Change    Awareness of change is never enough
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Act that help to illuminate the different contexts of the two related  developments. 

Litigation lures activists to the court, but kills political efforts, drains resources, and crushes the movement.

Rosenberg, 2008 - prof. of Political Science at the University of Chicago (Gerald "The Hollow Hope: Can the Courts Generate Social Change," epstein.law.northwestern.edu/research/supctLawRosenberg.doc)
In general, then, not only does litigation steer activists to an institution that
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structurally constrained from serving their needs, providing only an illusion of change.

Contention Two is the Net Benefit – Judicial Independence

Judicial activism creates a snowball effect, future abuses of the court power destroy democracy

Mckeever, 1997 - Institution of Advanced Legal Studies ~"The United States supreme court: A political and legal analysis." Pg. ~
At the opposite end of the spectrum form the minimal court lies the unlimited court
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the Congress and President on at least some important matters of public policy.

Activism destroys judicial independence by undermining the separation of powers

Jipping 2001 - Director, Center for Law and Democracy (Thomas Jipping,; Senior Fellow in Legal Studies, Concerned Women for America; M.A., SUNY-Buffalo, 2001, "Legislating from the Bench," 43 S. Tex. L. Rev. 141, l/n)
In judicial restraint, with a more modest and normative view of judicial power,
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sine qua non of the judicial role in our system of government." n35

Judicial independence is key to global human rights

Alam, 2007, ~The New Nation, Prof. Syed Ahsanul http://nation.ittefaq.com/artman/publish/article_33979.shtml

Another criterion of good governance is independent judiciary, important for preserving the rule of
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considered globally for the eligibility when determining whether a country practices good governance.

Global human rights are key to avoid Extinction

Human Rights Web, 1994 (An Introduction to the Human Rights Movement Created on July 20, 1994 / Last edited on January 25, 1997, http://www.hrweb.org/intro.html)
The United Nations Charter, Universal Declaration of Human Rights, and UN Human Rights
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of the individuals and countries involved, but to preserve the human race.

Contention Three – Agent Counterplans are Legitimate

1. The Affirmative defended the Court in CX. They chose to defend the Court to gain the benefit of avoiding Theory arguments and accessing empirical solvency. There is a cost to this choice – once they have specified an agent, they have to defend it – that is why agent counterplans are legitimate. Cross Ex is Binding:

a. It's a speech – A Constructive even. An argument or admission there counts as much as in an AC, otherwise CX is a pointless exercise

b. Predictable ground – if they won't defend what they said they would defend, then I can Never predict what ground they Will defend.

c. Cross Ex functions to clarify arguments – it is slower and it is directed by the questioner

DA

A. Uniqueness – The Supreme Court has legitimacy – that's key to enforcement of its decisions

Hillygus'12 ~Sunshine, professor of political science at Duke University, Perceptions of Supreme Court Legitimacy, You Gov, 7/15/2012 https://today.yougov.com/news/2012/07/15/perceptions-supreme-court-legitimacy/ LM~
In the two weeks since the Supreme Court upheld Obama's Affordable Care Act (ACA
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is conditional on perceptions of the ideological direction of the Court's decision making. 

B. Link

Overturning decisions looks like judicial activism – this hurts legitimacy
Bigel '93 Alan Bigel, PhD in political science on the effect of court case decisions on public support of and legitimacy of the court, "PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA v. CASEY: CONSTITUTIONAL PRINCIPLES AND POLITICAL TURBULENCE," 1993, 18 Dayton L. Rev. 733
In an effort to quell potential criticism of the Court's failure to overrule Roe,
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the most compelling reason to reexamine a watershed decision . . . ." n146

The Affirmative would destroy legitimacy – it would be unpopular and over turn precedent

Bernstein 2008 ~Janessa L. Bernstein, J.D. Candidate, Brooklyn Law School, 2008; B.A., Vanderbilt University, 2003, "The Underground Railroad to Reproductive Freedom: RESTRICTIVE ABORTION LAWS AND THE RESULTING BACKLASH" 73 Brooklyn Law Review 1463, Summer 2008, Lexis~
Abortion remains a politically divisive issue within the United States and the world, with
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refusal laws that allow doctors and hospitals to decline to perform abortions. n41

C. Impact – Legitimacy key to Democracy which protects minority groups

Peretti 1999 (Terri J., In Defense of a Political Court, Princeton University Press)
Should the Court lose its legitimacy and, consequently, its power, we in
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role, if we are to believe Philip Kurland, are horrible indeed.

Democracy solves war

Diamond 95, (Larry Diamond, Promoting Democracy in the 1990s: Actors and Instruments, Issues and Imperatives, Carnegie Commission, December 1995, http://carnegie.org/fileadmin/Media/Publications/PDF/Promoting20Democracy20in20the201990s20Actors20and20Instruments,20Issues20and20Imperatives.pdf)
Other Threats. This hardly exhausts the lists of threats to our security and well
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which a new world order of international security and prosperity can be built.

Tournament: GBX | Round: 1 | Opponent: asd | Judge: asd
A Interp – Debaters who have attended at least 1 bid tournament must disclose all broken positions read in previous rounds under their name and school with the correct side citing tags and the first 3 words and last 3 words of each card
B Violation – you did not disclose
C - Clash, fairness, norm setting, deep learning
d - drop the debater

Tournament: Alta | Round: 1 | Opponent: John | Judge: Cena

New and Improved Critical Race Theory - NC

The Legal System is systematically racist – it reinforces structural white supremacy and causes African Americans to internalize racialized roles. The system is Indeterminate, meaning it is flexible enough to be implemented in a racist fashion

Butler, 1995 – Prof of Law at George Washington University ~Paul Yale Law Journal December, 105 Yale L.J. 677 Essay: Racially Based Jury Nullification: Black Power in the Criminal Justice System Lexis~
2. The Radical Critique The radical critique does not discount the role of discrimination
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black community, n94 and the large unemployment rate among black men. n95

The Indeterminacy of the Legal System is the root cause of police abuse and violence. The affirmative uses civil lawsuits, which focus on Individual police officers as racist, which ignores that most racism within the system is Legal – the system is Structurally racist. Civil remedies within the system will always be turned back against minorities

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~
The participants in this symposium explore what accounts for our current carceral crisis and how
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increased substantially—resulting in more stops and frisks and more arrests. n33

Specifically, civil lawsuits rely on a trial and jury system that will always be biased against them. Gaining access to a rigged game only reinforces the problem

Reinert, 2011 - Professor of Law, Yeshiva University ~Alexandra University of St. Thomas Law Journal: Fides et lustitia Symposium, Spring 8 U. St. Thomas L.J. 477 Does Qualified Immunity Matter? Lexis~
In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, n2
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, with the Supreme Court often expressing hostility to the remedy itself. n9

The affirmative's defense of the legal system ensures widespread authoritarianism—reject their deference to the Rule of Law – using the legal system to fight the racism in the legal system will always fail because it reinforces obedience and creates complacency. This turns case – it causes mass oppression that outweighs all of their impacts.

Henderson, 1991 - Professor of Law at Indiana University ~Lynne "Authoritarianism and the Rule of Law," Indiana Law Journal (66 Ind. L.J. 379), Spring, Available Online to Subscribing Institutions via Lexis-Nexis~
Despite our cultural assumption that the Rule of Law automatically prevents tyranny and oppression —
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those concerned with the use of law to oppress and punish human beings.

====Critical Race Theory is key to interrogate and end white privilege – it exposes underlying institutional and structural racism====
Lopez, 2003 - Professor of Political Science (Gerardo  "The (Racially Neutral) Politics of Education: A Critical Race Theory Perspective", Educational Administration Quarterly Vol. 39, No. 1 (February 2003) 68-94, 6/28, eaq.sagepub.com/content/39/1/68.full.pdf)
Because it is so ordinary, we often fail to see how it functions and
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pace that White people determine is reasonable and judicious (Bell, 1995a).

Racism is unacceptable on its face. Rejection of racism is the ethical obligation of a society— it prevents acceptance of injustice. This is a side-constraint on any ethical theory.

Memmi, 2000 - prof of sociology at Univ 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
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. True, it is a wager, but the stakes are irresistible.

Vote negative – reject the Affirmative to constantly criticize the use of legal systems and their justifications. This will open new possibilities for alternatives, and provide the only true method for social change.

Singer, 1984 - Associate Professor of Law at Boston University, ~Joseph William "The Player and the Cards: Nihilism and Legal Theory," Yale Law Journal (94 Yale L.J. 1), November, Available Online to Subscribing Institutions via Lexis-Nexis~
What shall we do then about legal theory? I think we should abandon the
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live together. We are going to have to answer that question ourselves.

====Critical Race Theory is the best way to constantly criticize the legal system. It is the best solution to the trap of indeterminacy that locks us into legal solutions. Only CRT can find a way out of racist structures.====
Lopez, 2003 - Professor of Political Science (Gerardo  "The (Racially Neutral) Politics of Education: A Critical Race Theory Perspective", Educational Administration Quarterly Vol. 39, No. 1 (February 2003) 68-94, 6/28, eaq.sagepub.com/content/39/1/68.full.pdf)
In recent years, CRT has played an important role in both legal and educational
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dismantling racism within our ranks as well as in the work we do.

The role of the ballot and the judge is that of a critical educator. Criticizing racist assumptions and institutions is necessary for debate to fulfill its potential. Debate's epistemology of whiteness must be challenged before other questions

Calderon 2006— Prof of Education, Culture and Society at University of Utah (Dolores, and the Ethnic Studies Program "One-Dimensionality and Whiteness" USA Policy Futures in Education, Volume 4, Number 1, 2006 http://pfe.sagepub.com/content/4/1/73.full.pdf+html , cayla_)
In the context of education, elaborating upon the work of critical pedagogues, one
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educational discourses and institutions both reflect particular conceptions of, and produce, race'

Tournament: GBS | Round: 2 | Opponent: IDK | Judge: idk

1NC

Freddy Grey - Baltimore
Tamir Rice - Cleveland
Eric Garner - Staton Island
Sandra Bland - Texas
Micheal Brown - Furgeson
These are the black bodies civil society is built upon

Your Framework is flawed, it assumes that we ALL have political influence, a position not available to black people. The impact is colonialism and whiteness in debate

Reid-Brinkley 8
~Shanara Reid-Brinkley, Rhetoric PhD and Prof @ Pitt, and the most competitively successful black woman in CEDA history, THE HARSH REALITIES OF "ACTING BLACK": HOW AFRICAN-AMERICAN POLICY DEBATERS NEGOTIATE REPRESENTATION THROUGH RACIAL PERFORMANCE AND STYLE~
Mitchell observes that the stance of the policymaker in debate comes with a "sense
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of the "policymaker" and require their opponents to do the same. 

The plan cannot solve police violence - Legal changes like civil rights remedies fail because the police can commit violence Legally – the plan doesn't change that.

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~
The participants in this symposium explore what accounts for our current carceral crisis and how
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problem and the fact that they are conceiving racist violence as an individual action

The only ethical means of political discourse lies in the position of Slave and Savage. The affirmative calls for larger institutional access within the Slave Master civil society without questioning its very existence. The assumptive logic doesn't account for the political ontology of Redness and Blackness, thus sets the stage for conflictual relationships like class conflict, gender conflict, immigrant rights etc.

Wilderson 10 (Frank B. American writer, dramatist, filmmaker, critic and professor of Drama and African American studies at the University of California, Irvine Red White and Black: Cinema and the Structure of U.S. Antagonisms Duke University Press Durham and London 2010 page 1-5, cayla_)
WHEN I WAS a young student at Columbia University in New York there was a
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themselves may not be aware of the ontological position from which they speak). 

We need a new language to explain this horror—within the current political ontology, the subaltern is left voiceless. Political ontology can never take into account gratuitous violence—it's founded upon alienation and exploitation—their reliance on Humanism makes the Slave's struggle inevitable.

Wilderson 10 (Frank B. American writer, dramatist, filmmaker, critic and professor of Drama and African American studies at the University of California, Irvine Red White and Black: Cinema and the Structure of U.S. Antagonisms Duke University Press Durham and London 2010 page 55-57, cayla_)
IN THE INTRODUCTION and chapter 1, we saw how the aporia between Black being
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can be emancipated through some form of discursive, or symbolic, intervention.

====Role of the judge is to be an anti-ethical decision maker. All decision calculus must revolve around the ontological entity of the slave.====
Curry 13 ~2013, Dr. Tommy Curry is an associate Prof of Philosophy @ Texas AandM, "In the Fiat of Dreams: The Delusional Allure of Hope, the Reality of Anti-Black Violence and the Demands of the Anti-Ethical"~
Racism is not unethical simply because it is a moral affront to the allegedly generalizable
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new teleological/cultural orientation; an endarkening path towards a new humanity.  

Voting for the alternative is an act of burning down the civil society that produces violence against the slave. Their calls for freedom will never leave the plantations and colorlines of society. We must reject their call for equality to abandon the white-over-black system and Pursue new Methods of Education.

Farley 5 ~Boston College (Anthony, "Perfecting Slavery", http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1028andcontext=lsfp)~~
Slavery is with us still. We are haunted by slavery. We are animated
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beyond the veil, beyond death; hence, the end of forever.