Tournament: GBX | Round: 5 | Opponent: Isidore Newman | Judge: Alston, Jonathan
CPText: The United States Congress should amend the FTCA to be the exclusive remedy for alleged torts committed by government employees, by including constitutional torts.
Our solvency advocate clarifies the advocacy
Black ’91 (Allen Black is a partner in Winston and Strawn’s Washington, D.C. office with strong experience handling the full range of maritime matters, including regulatory issues, cargo and shipping issues, vessel financing and documentation, maritime litigation and arbitration, maritime commercial transactions, marine construction and product liability issues, and general maritime counseling. Mr. Black has handled a wide range of maritime litigation matters, including marine casualties, product liability matters, maritime lien cases, and maritime criminal law matters. He has helped establish a number of key precedents in maritime law concerning the scope of maritime attachments, the availability of punitive and lost-profits damages in admiralty, and the jurisdictional reach of admiralty limitation of liability actions. Mr. Black handles Federal Maritime Commission matters and maritime arbitration matters. Mr. Black assists clients to avoid litigation by conducting shipboard internal investigations and providing timely, practical advice to shipowners and shippers, and by assisting clients with organizational and contracting matters. Mr. Black assists shipowners and lenders in structuring vessel financing transactions to ensure compliance with U.S. shipping and vessel documentation laws. He counsels clients in navigating U.S. and international requirements pertaining to vessel construction, certification, and operations. In addition, he assists clients in designing and implementing international freight transportation agreements and related transactions. Mr. Black served as a seagoing officer, and later as an attorney, in the U.S. Coast Guard, retiring at the rank of Commander in 1996. Before attending law school, Mr. Black served three tours afloat, commanding two Coast Guard cutters and carrying out the full range of Coast Guard missions, from heavy weather rescues to intercepting drug smugglers and deterring mutinies at sea. As a Coast Guard attorney, he handled a number of felony-level trials and advised Coast Guard commanders, before being selected to train and ultimately manage the Coast Guard’s legal workforce. In addition, he developed, coordinated, and presented international law seminars to top-level military and civilian officials in a number of emerging democracies in support of Department of Defense initiatives, traveling to, and working with, a number of countries, including Ukraine, Colombia, Estonia, and Russia. Following retirement from the Coast Guard, Mr. Black worked as a maritime and litigation attorney in Baltimore before joining Winston and Strawn in 1999. Mr. Black’s court admissions include: Eastern District of Virginia, District of Maryland, District of Columbia, Southern District of New York, the U.S. Court of Appeals for the First, Second, and Fourth Circuit, and the Court of Appeals for the Armed Forces. Mr. Black received a B.S. from the United States Coast Guard Academy in 1979 and a J.D. from the Marshall-Wythe School of Law, College of William and Mary in 1991, where he was named to the Order of the Coif and was a teaching assistant and member of the William and Mary Law Review. Mr. Black has been recognized as a leading lawyer in the field of Transport – Shipping by Who’s Who Legal 2016 and was selected as the 2013 Lawyer of the Year for Admiralty and Maritime Law by Best Lawyers. Mr. Black has also been recognized as a leading admiralty and maritime lawyer by The Best Lawyers in America since 2012, and has been ranked in Chambers USA since 2011 as one of the nation’s top lawyers in transportation litigation practice. Winston and Strawn’s admiralty and maritime group was recognized by U.S. News and World Report – Best Lawyers “Law Firm of the Year” in Admiralty and Maritime Law for 2011-2012. Mr. Black has been an adjunct professor of Admiralty Law at the University of Baltimore since 1997 and previously served as an adjunct instructor for the Defense Institute for International Legal Studies (1993-1999). He is a member of the Maritime Law Association of the United States and currently serves as the chairman of its Subcommittee on Piracy and Secretary of the Regulation of Vessel Operations Committee. He is a past president of the Marine Trades Association of Maryland. He is active in his community as a trustee of the First Presbyterian Church of Annapolis and advisor to World Artists Experience. He is an active sailor and a licensed merchant mariner (Master, 100 tons, power and sail). Mr. Black has written and spoken extensively on maritime law matters ranging from maritime regulatory developments to maritime contracting, legal developments, piracy, and maritime environmental compliance. He is co-author of the “Maritime Law Answer Book,” now coming up on its third printing by the Practicing Law Institute. He also has a great moustache. H. Allen Black, Balance, Band-Aid, or Tourniquet: The Illusion Oo Qualified Immunity for Federal Officials, 32 Wm. and Mary L. Rev. 733 (1991), http://scholarship.law.wm.edu/wmlr/vol32/iss3/5)
In the wake...law enforcement actions. 6
Competition
A) We’re mutually exclusive, constitutional torts are exactly what are brought forth in cases where Qualified Immunity is applicable. Amending the FTCA replaces the cases from going to just civil courts.
B) It also competes through net benefits
Net Benefits
The doctrine of Qualified Immunity fails its original intent. It doesn’t protect police or plaintiffs.
Black 2
The Court did...hears suppression appeals.12
Additionally, QI doctrine sets up a Catch-22 situation. The QI defense is used in cases where the laws are not clearly established, but by using the Immunity defense the laws remain unclear.
Black 3
The qualified immunity...that was unlawful."
The not only does the CP solve all the impacts of the AC, but also it better protects federal employees, stops interference between civil cases and criminal cases, and allows for plaintiffs with legitimate concerns to receive justice
Black 4
Including constitutional...the jury verdict.