Tournament: Alta | Round: 4 | Opponent: Loyola LAr | Judge: Herby Kojima

Framework

The practices that make critical thinking possible are under assault by militarization – neo-Nazis and a politics of disposability smother critical thought and marginalized the oppressed. Thus, the role of the ballot it to vote for the debater who best combats the militarized state. Giroux 15

Henry Giroux ~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature~, "The curse of totalitarianism and the challenge of critical pedagogy"~ http://philosophersforchange.org/2015/10/13/the-curse-of-totalitarianism-and-the-challenge-of-critical-pedagogy/
The forces of free-market fundamentalism are on the march ushering in a terrifying
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critical pedagogy illuminates the relationships among knowledge, authority and power.~11~

Harms

Qualified immunity doctrine in excessive force cases is a mess – two warrants.

1~ The clearly established clause is constantly used in excessive forces cases this creates cyclical police violence – the law never becomes clearly established allowing police to do whatever they want. Carbado 16

Devon Carbado ~Harry Pregerson Professor of Law, University of California, Los Angeles Law School, 2016, "Blue on Black Violence: A Provisional Model of Some Causes" Georgetown Law Journal, http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf
a. Qualified Immunity: Perhaps a more fundamental barrier to holding police officers accountable
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, courts will likely grant qualified immunity in cases involving such arrests.204  

That allows police get off in every instance – clearly established is super vague. Carbado 16

Devon Carbado ~Harry Pregerson Professor of Law, University of California, Los Angeles Law School, 2016, "Blue on Black Violence: A Provisional Model of Some Causes" Georgetown Law Journal, http://georgetownlawjournal.org/files/2016/08/carbado-blue-on-black.pdf
A second problem with the "clearly established" doctrine pertains to how courts apply
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a significant doctrinal hurdle to holding police officers accountable for acts of violence.

2~ Double reasonableness is provided in excessive force cases – this makes compensation impossible. Pittman 12.

Nathan R. Pittman, UNINTENTIONAL LEVELS OF FORCE IN § 1983 EXCESSIVE FORCE CLAIMS William and Mary Law Review William and Mary Law Review May, 2012 William and Mary Law Review 53 Wm. and Mary L. Rev. 2107
The Court's decision to employ an "objective reasonableness" standard in qualified immunity and
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, with the standard of reasonableness becoming less stringent the second time around. 

This allows the police to claim ignorance of the law creating more police violence. Pittman 12

Nathan R. Pittman, UNINTENTIONAL LEVELS OF FORCE IN § 1983 EXCESSIVE FORCE CLAIMS William and Mary Law Review William and Mary Law Review May, 2012 William and Mary Law Review 53 Wm. and Mary L. Rev. 2107
Qualified immunity has distorted other values in the legal system and provided perverse incentives to
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Mandery admits that such packaging has been explicitly rejected by the Court.146 

Qualified immunity in excessive force cases is used for police militarization. AELE 7

~Non Profit Police Training Center and Law Journal~, July 2007, "Civil Liability for SWAT operations"~ AELE, http://www.aele.org/law/2007LRJUL/2007-07MLJ101.pdf
A S.W.A.T. team or unit gets called into
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, the defendant officers were entitled to qualified immunity on all those claims.

This culminates into a police state – qi silences protests against police and justifies killings. Carter 15

Tom Carter ~WSWS Legal Correspondent, a lawyer~, 11-12-2015, "US Supreme Court expands immunity for killer cops," World Socialist Website, https://www.wsws.org/en/articles/2015/11/12/pers-n12.html
With the death toll from police brutality continuing to mount, the US Supreme Court
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and dictatorship in response to the growth of working class opposition. Tom Carter

Solvency

Thus the plan: The Supreme Court will eliminate the reasonableness and clearly established clauses from qualified immunity doctrine.

The plan is key to cleaning up the semantic jumble of qualified immunity – it functionally eliminates it. That allows increased lawsuits and department reform which change police's behavior. Hassel 9

Diana ~JD Rutgers~, "Excessive Reasonableness", The Trustees of Indiana University Indiana Law Review 2009 Indiana Law Review 43 Ind. L. Rev. 117
The current regime poses at least three questions in resolving qualified immunity in an excessive
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start by simplifying and making more coherent the rules applicable to such claims. 

Meta review of literature proves – police are scared of lawsuits – they'll change their behavior. Ferdik 13

Frank V. Ferdik ~Department of Criminology and Criminal Justice University of South Carolina~, August 2013, "Perception is Reality: A Qualitative Approach to Understanding Police Officer Views on Civil Liability" International Police Executive Symposium, Geneva Centre For the Democratic Control of Armed Forces, Coginta – For Police Reforms and Community Safety, http://www.coginta.org/uploads/documents/817bd907a32ad935c3d563655f76658580c75497.pdf
Though there is ample research concerning the prevalence, cost and impact of this policy
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reported that fear of being sued did not register with them when stopping citizens

Lawsuits mean either departmental reform occurs, or victims are paid – empirics. Feuer 16

Alan Feuer ~been a staff writer at The New York Times since 1999. He has written about prisons, the Mafia, baseball, steakhouse waiters, pigeon racers, firefighters, bartenders, and single mothers.~, 8-16-2016, "In Police Misconduct Lawsuits, Potent Incentives Point to a Payout," New York Times, http://www.nytimes.com/2016/08/17/nyregion/police-misconduct-lawsuit-settlements.html?_r=1andregister=google)
Scott Rynecki, who handled the lawsuit involving the death of Akai Gurley, with
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incentives to take a settled payout and not relive it all at trial.

Tournament: Damus | Round: 2 | Opponent: Loyola RBe | Judge: Charles Wanless

Qualified immunity is just one part of the broader police state – we must get to the root of the problem – the aff is a resistance strategy in the face of overwhelming militarism. Whitehead 9-11

John W. Whitehead ~Constitutional Attorney and Author Is Founder And President Of The Rutherford Institute.~, 9-11-2016, "The Tyranny of 9/11: The Building Blocks of the American Police State from A-Z," OffGuardian, https://off-guardian.org/2016/09/11/the-tyranny-of-911-the-building-blocks-of-the-american-police-state-from-a-z/
We've walked a strange and harrowing road since September 11, 2001, littered with
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city and county attorneys, police commissioners, city councils and judges.

Police State

THE STATE HAS BECOME THE CORPORATE STATE – WE'RE AT A BREAKING POINT. The military police becomes a tool by the privileged elite who control the state. These forces are celebrated as they near their goal of exterminating the other – violence is used at every ethical thought. Politics is nothing more than an extension of the punishing state —- The state has forced pedagogical spaces into a mechanical method of skill building – this space needs to fully commit to being an educational space in which students can develop into critical advocates for social change —- Thus the role of the judge is to "vote for the debater who best methodologically fights back against the militarized state"

Giroux 15 - (Henry ~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature"The curse of totalitarianism and the challenge of critical pedagogy"~ http://philosophersforchange.org/2015/10/13/the-curse-of-totalitarianism-and-the-challenge-of-critical-pedagogy/)
The forces of free-market fundamentalism are on the march ushering in a terrifying
AND
critical pedagogy illuminates the relationships among knowledge, authority and power.~11~

The neolib state has uses militarized state as political control, it creates a ruse that violence is necessary for politics, it's created a war on terror that manifests itself locally – a tool to dominate

Giroux 15 - (Henry ~A high-school social studies teacher, positions @ Boston University, Miami University, and Penn State University. Global TV Network Chair in English and Cultural Studies at McMaster University. He has published more than 50 books and more than 300 academic articles, and is published widely throughout education and cultural studies literature "Henry Giroux on Hysterical Authoritarianism: Terrorism, Violence and the Culture of Madness"~ http://www.tikkun.org/nextgen/henry-girous-on-hysterical-authoritarianism-terrorism-violence-and-the-culture-of-madness)
George Orwell's nightmarish vision of a totalitarian society casts a dark shadow over  the United
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a central measure of power, national identity, and patriotism.~14~

Plan text

: Congress will eliminate the clearly established clause from current qualified immunity law.

The plan solves police misconduct – ends judicial confusion. Wright 15

Sam Wright, 11-3-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/
Instead, police officers have recourse to the broad protections of the judicially established doctrine
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show that that conduct's illegality has already been clearly established in the courts?

Police State Solvency

Rights are under assault and the citizenry DOESN'T CARE. Qualified immunity is complicit in this exact system – it allows police to act with impunity and perpetuate the police state.

Qualified immunity is key – it is the primary tool of a judicial system which allows police to act with impunity. Pattis 10

Norman Pattis ~lawyer focused on high stakes criminal cases and civil right violations. He is a veteran of more than 100 jury trials~, 2010, "Norman Pattis Blog," http://www.pattisblog.com/index.php?article=Qualified_Immunity_And_The_Police_State_2675
I get many calls each week from people who believe they have been abused by
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accomplices in a police state; most of them don't even realize it.

Qualified immunity has been expanding and allowing police violence on the grounds it was "reasonable". Avery 15

Michael Avery, 3-6-2015, "Do the Americans With Disabilities and Civil Rights Acts Apply to Police Operations?," Truthout, http://www.truth-out.org/news/item/29342-do-the-ada-and-civil-rights-act-apply
They have often said that qualified immunity protects all but "plainly incompetent" police
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victim of mental illness, we may see fewer shootings in the future.

Solvency

The plan happens now and it is key to creating reforms. De Stefan 17

Lindsey de Stefan ~J.D. Candidate, 2017, Seton Hall University School of Law~, ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850
Altering the qualified immunity doctrine is an excellent way to begin the path to restoring
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of the stringent immunity afforded to police officers could take effect relatively quickly.

Qualified immunity prevents police accountability and kills broader department reform. Bernick 15.

Evan Bernick (Assistant Director of the Center for Judicial Engagement at the Institute for Justice). "To Hold Police Accountable, Don't Give Them Immunity." Foundation for Economic Education. 6 May 2015. https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/
The sad fact is that it is often effectively impossible to hold police officers accountable
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granted, discovery stops, and there is no trial on the merits.

Legal action is key now and the aff is a step in the right direction – it allows People of Color survival in the racist status quo while holding the racist actors accountable. Reinhardt 15

Stephen R. Reinhardt ~Circuit Judge, United States Court of Appeals for the Ninth Circuit~, "The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences", 113 Mich. L. Rev. 1219 (2015). Available at: http://repository.law.umich.edu/mlr/vol113/iss7/3
This is an especially unfortunate time to be limiting the opportunities of those who have
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of the moral, economic, and scientific forces that shape our destiny.

There is no root cause of police violence and the aff is the right starting point. De Stefan 17.

Lindsey de Stefan ~J.D. Candidate, 2017, Seton Hall University School of Law~, ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850
Irrespective of whether there has been an increase in the incidence of brutality or whether
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liability enjoyed by law enforcement officers alleged to have violated individual constitutional rights.

Tournament: Greenhill | Round: 1 | Opponent: Woodlands DY | Judge: John Scoggin
Endless growth is taken for granted in capitalist discourse producing the mindset of overconsumption. This represents nuclear power as necessary in solving short term electricity supply, without questioning the underlying assumption of why we need that electricity in the first place. Smith 13

 Thus, the role of the judge is to vote for the debater who best deconstructs overconsumption. Smith 16

Nuclear power production is justified through this overconsumption mindset, producing inequality. Maciejewska and Marszalek 11
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Nuclear discourse legitimates itself in the language of profit while simultaneously painting the ecology movement as irrational. This creates denial of facts, decontextualizing nuclear power from its role in global energy production and painting it as the only alternative. Maciejwska and Marszalek 2

Advocacy: All countries will stop the production of nuclear power IMMEDIATELY. To clarify, this would not be a phaseout. I defend that the federal governments of countries take the action. I reserve the right to clarify.
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Plan collapses the world economy – energy shortages, inflation, and natural gas spikes. Bauschard 8/12 cites Our Energy Policy Organization 1/6, Cicio no date, and Bezdek and Wendling 4. 

Every crisis is an opportunity for radical change – Cuba proves. The aff is key to a mindset shift against overconsumption, a strategy of prefiguring political structures for change and creating that change. Alexander and Rutherford 14

*Two impacts*:
1st Endless growth causes runaway warming – only economic collapse solves.  Smith 13

Warming is a process of strategic refusal – wealthy countries refuse to acknowledge their complicity, resulting in large scale structural violence. Nelson 16

2nd Impact: nuclear power externalizes costs onto developing countries and poor individuals through uranium mining. This is structural violence of the worst kind. Maciejwska and Marsazalek 3