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Unformatted text preview: The North: Milliken (1974) The 1990’s: Freeman (1992) Important Implication for Affirmative Action State Action: “As clear as the most distant parts of the Milky Way” –Justice Hugo Black It’s Alive: Moose Lodge v. Irvis (1972) A Pre-Moose Landmark: Burton v. Wilmington Parking Authority (1961) Privately leased government owned office space A little biology=state action What can we say with some confidence? Private discrimination constitutes “state action” when: Entanglement (e.g., lease space [symbiotic]; enforce restrictive covenants) Serving a public function (i.e., political parties and all white primaries) The lack of clarity (“conceptual nightmare”) is due to: Most private activities touch on government or vice versa in some way Incentive on the Supreme Court to clarify is very low due to CRA of 1964...
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- Fall '10
- Constrained Court