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dc.contributor.authorCooper, Megan M.en_US
dc.date.accessioned2013-02-15T22:03:51Z
dc.date.available2013-02-15T22:03:51Z
dc.date.issued2002en_US
dc.identifier.citation35 Creighton L. Rev. 913 (2001-2002)en_US
dc.identifier.urihttp://hdl.handle.net/10504/40410
dc.description.abstractINTRODUCTION|Suppose Tom, a state employee, prohibits Mary, an antiabortion protester, from picketing outside a building located on state-owned property. Tom's actions violate Mary's Fourteenth Amendment rights, which guarantee she will not suffer from discipline handed down by a state without adequate protection of her due process rights. However, if Bob, a private individual, attempts to prevent Mary from conducting a similar protest outside a building that he owns privately, the United States Constitution provides no relief for Mary; Bob, not acting on behalf of the state, did not infringe on any of Mary's constitutional rights. Each of these hypothetical situations represents an extreme end of the state action spectrum. Most scenarios, however, fall somewhere in the middle of the spectrum, where the question of whether state action exists is blurred and the seemingly private actor appears to act on behalf of the state. In 1982, the United States Supreme Court defined the boundaries of state action analyses in Rendell-Baker v. Kohn, Blum v. Yaretsky, and Lugar v. Edmondson Oil Co., collectively referred to as the Blum Trilogy. Through those cases, the Court introduced three principles by which it analyzed state action claims: the symbiotic relationship...en_US
dc.publisherCreighton University School of Lawen_US
dc.titleDusting Off the Old Play Book: How the Supreme Court Disregarded the Blum Trilogy, Returned to Theories of the Past, and Found State Action through Entwinement in Brentwood Academy v. Tennessee Secondary School Athletic Ass'Nen_US
dc.typeJournal Articleen_US
dc.rights.holderCreighton Universityen_US
dc.description.volume35en_US
dc.publisher.locationOmaha, Nebraskaen_US
dc.title.workCreighton Law Reviewen_US
dc.description.note2001-2002en_US
dc.description.pages913en_US


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