Term
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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 |
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Term
| Entanglement Quantity and Quality Relationship |
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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? |
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Term
| Entanglement used in 4 areas: |
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Definition
1. judicial and law enforcement actions
2. govt subsidies
3. govt licensing
4. voter initiatives permitting discrimination |
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Term
| Judicial and Law Enforcement Actions |
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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 |
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Term
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Definition
| you need more than the govt provided a license to the private party to have entanglement |
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Term
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Definition
| -not enough that the govt funded something |
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Term
| initiatives encourage violation of rights |
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Definition
| it is unconstitutional for a voter initiative that repealed open housing laws and prevented the enactment of such future antidiscrimination laws |
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Term
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Definition
| When govt becomes involved in an organization you have to balance entities relationship with govt |
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