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Unformatted text preview: The North: Milliken (1974) The 1990s: Freeman (1992) Important Implication for Affirmative Action State Action: As clear as the most distant parts of the Milky Way Justice Hugo Black Its 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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This note was uploaded on 12/01/2011 for the course POL 152 taught by Professor Gates during the Fall '10 term at UC Davis.
- Fall '10