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Jurisprudence

2019

Seattle University School of Law

Police

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When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor Sep 2019

When Protest Is The Disaster: Constitutional Implications Of State And Local Emergency Power, Karen J. Pita Loor

Seattle University Law Review

The President’s use of emergency authority has recently ignited concern among civil rights groups over national executive emergency power. However, state and local emergency authority can also be dangerous and deserves similar attention. This article demonstrates that, just as we watch over the national executive, we must be wary of and check on state and local executives—and their emergency management law enforcement actors—when they react in crisis mode. This paper exposes and critiques state executives’ use of emergency power and emergency management mechanisms to suppress grassroots political activity and suggests avenues to counter that abuse. I choose to focus on …