ABSTRACT
This chapter presents an overview of selected case readings that have been properly labeled "benchmark" precedent in the world of private security. The cases emphasize the legal nuances of private sector justice, and even more compellingly tell the story of privatization and its apparent invincibility. Since Burdeau v. McDowell, the kingpin of private security cases, decided in 1921, the courts at both the state and federal levels have consistently ruled on this well-settled area of law. While activists on many fronts wish constitutional extension to private-sector operations, the reticence of jurists, even in the age of judicial activism, is quite remarkable. To be sure, the courts have been dependable and even more predictable. That sort of uniformity is rare and a reflection of how high the stakes are in the law of private security.
