Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 3 of 3
Full-Text Articles in State and Local Government Law
Black Liberty In Emergency, Norrinda Brown
Black Liberty In Emergency, Norrinda Brown
Northwestern University Law Review
COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.
The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …
Private Patrolling At The Boundaries Of Public Duty, Kathleen M. Naccarato
Private Patrolling At The Boundaries Of Public Duty, Kathleen M. Naccarato
Northwestern University Law Review
In the shadow of contemporary debates over police functions, funding, and accountability, a new form of preventative policing has proliferated. Improvement districts, most commonly associated with downtown revitalization efforts, increasingly served a new purpose—crime control. Communities dissatisfied with public police services have found that they may leverage improvement district tax revenues to hire off-duty police officers to patrol their neighborhoods. This trend has not been without controversy. Critics have contended that these semiprivate, semipublic police patrols create a two-tier system of public safety, allowing wealthy residents to privately purchase powers that belong to the public as a whole.
This Note …
Perpetuities In An Unequal Age, Jack H.L. Whiteley
Perpetuities In An Unequal Age, Jack H.L. Whiteley
Northwestern University Law Review
For centuries, the common law limited aristocratic wealth. In the last three decades, that has changed. One by one, state legislatures have eliminated the rule against perpetuities (the Rule), and now “dynasty trusts” can make carefully controlled payments to a settlor’s descendants for hundreds of years. This change occurred soon before a large and ongoing intergenerational wealth transfer in the United States. Trusts scholars have roundly criticized the Rule’s removal, and some have described it as charting a path to a new Gilded Age.
This Article draws a theoretical lesson from the Rule’s demise. I argue that part of the …