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Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
University of Richmond Law Review
Past judicial decisions concerning the right of a private utility to terminate-service for nonpayment of bills have consistently favored the utility. Yet victims of shutoffs, whether poor or merely outraged and inconvenienced, continue to attack shutoff actions through the regulatory commissions, legislation, and the courts. Their efforts have met with failure in all forums.
Constitutional Law-Private Discrimination Remains Intact
Constitutional Law-Private Discrimination Remains Intact
University of Richmond Law Review
As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.