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State Action
Rules
8
Law
Graduate
12/11/2011

Additional Law Flashcards

 


 

Cards

Term
Entanglement Exception
Definition
1. the constitution applies if the govt affirmatively authorizes, encourages, or facilitates private conduct that violates that Constitution
2. if the state encourages the private party's actions, then the private action will be converted to state action
Term
Entanglement Quantity and Quality Relationship
Definition
Quantity: total number of intersections between govt and private party
Quality: who benefits? Is there a coercive relationship? Is the purpose of govt to aid the private the private property?
Term
Entanglement used in 4 areas:
Definition
1. judicial and law enforcement actions
2. govt subsidies
3. govt licensing
4. voter initiatives permitting discrimination
Term
Judicial and Law Enforcement Actions
Definition
-the deprivation must be caused by the exercise of some right or privilege created by the state, or a rule of conduct imposed by the state or by a person for whom the state is responsible
2. the party action "because he is a state official, because he has acted together with or has obtained significant aid from state officials, or because his conduct is otherwise chargeable to the state
Term
Govt Regulation
Definition
you need more than the govt provided a license to the private party to have entanglement
Term
govt subsides
Definition
-not enough that the govt funded something
Term
initiatives encourage violation of rights
Definition
it is unconstitutional for a voter initiative that repealed open housing laws and prevented the enactment of such future antidiscrimination laws
Term
Entwinement
Definition
When govt becomes involved in an organization you have to balance entities relationship with govt
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