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Maier, Barbara; Weyandt, Gregory M. – Marquette Law Review, 1976
Seventh Circuit cases are examined that have considered the question of whether "state action" is present as stated in section 1983 of the Civil Rights Act of 1871. Standards used by the Seventh Circuit to determine the existence of "state action" are also analyzed. (LBH)
Descriptors: Civil Rights Legislation, Constitutional Law, Court Litigation, Federal Courts
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Patrick, Michael W. – North Carolina Law Review, 1976
Although the Supreme Court has refrained from answering whether the membership policies of private clubs can be attacked on state action grounds, the Fifth Circuit Court of Appeals held in the affirmative in Golden v. Biscayne Bay Yacht Club. It ruled that leasing publicly owned bay bottom land to a yacht club constituted sufficient state…
Descriptors: Clubs, Constitutional Law, Court Litigation, Federal Courts
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Beach, John A. – Journal of College and University Law, 1974
In discussing the present state of the law concerning judicial review of student expulsion and discipline cases at private colleges and universities and the quest for a satisfactory legal rationale for achieving fundamental fairness in those cases, the author argues that there are nonconstitutional doctrines of public policy and contract law not…
Descriptors: Court Litigation, Discipline Policy, Expulsion, Federal Courts
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Journal of Law and Education, 1995
A majority of federal courts have dismissed lawsuits involving children injured at school and have held that the Constitution does not mandate that affirmative steps should be taken to protect a child. Deals with both the legal and practical issues involved with such a decision. Argues that public school officials have an affirmative…
Descriptors: Constitutional Law, Court Litigation, Due Process, Elementary Secondary Education