MBE® Flashcard

STATE ACTION CAN BE FOUND IN THE ACTIONS OF PRIVATE ACTORS UNDER TWO THEORIES: THE PUBLIC FUNCTION THEORY AND THE SIGNIFICANT STATE INVOLVEMENT THEORY. EXPLAIN BOTH.

 

The public function theory applies where a private entity is carrying on activities traditionally and exclusively performed by the government. The significant state involvement theory applies where the government and private entity are so closely related that the action by the private party can be treated fairly as action by the government.

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