Con Law

Front 1

STATE ACTION

Back 1

3 WAYS TO PROVE:
1. easy, govt. official acting under color of law.

hard ways 2:
public function doctrine:
a.where private actor performs actions/responsibilities traditionally and exclusively function of the govt.

b. sig. state involvement with private action:

i. state is a partner/joint venturer with private actor and each one derives a benefit from the actions of the other.

ii. where state actively, affirmative,y significantly commands, encourages or applauds the challenged conduct by private actor.

Front 2

PUBLIC FUNCTION DOCTRINE:

Back 2

where private entity performs a function traditionally and exclusively performed by the state.

Front 3

SIGNIFICANT STATE INVOLVEMENT WITH PRIVATE CONDUCT

Back 3

i. state is joint venturer/partner with private actor, and each derive a benefit from the other's action.

ii. where state affirmatively, actively, or significantly commands, encourages or approves of the private actor's challenged conduct.


ii.

Front 4

WHEN SIG STATE INVOLVEMENT IS NOT ENOUGH

Back 4

1. licensing
2. subsidies
3. use of courts to enforce law
4. heavy regulation
5. no duty to go to private person aid.

Front 5

x

Back 5

x