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The idea that the govt is responsible for all that it does not prohibit must be treated with great care. It has the potential of making govt responsible for all of life, and of eliminating the sphere of private action. Taken far enough, it is totalitarian. Thus, for example, the argument I heard at one AALS section meeting that Catholic refusal to ordain women as priests violates the 14th Amendment, because the govt's refusal to extend anti-discrim laws to churches results in church discrimination being state action.
Mark S. Scarberry Pepperdine University School of Law
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That the failure to regulate might constitute state action-as in failing to ban private segregation- was one of the most hotly contested issues of the mid-sixties civil right litigation>THE Supreme court ,if my memories of law school are reliable, always dodged the question. It largely became moot as a result of the 1964 civil rights act. Marc Stern
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of [EMAIL PROTECTED]
In a message dated 11/9/2004 5:00:06 PM Eastern Standard Time, [EMAIL PROTECTED] writes:
Seems at least plausible that if you can make that work, you can find state action in the failure of a local government agency to prevent assaults on public sidewalks. After all, they are public property.
Jim Henderson Senior Counsel ACLJ |
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