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Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy
Current State Action Theories, The Jackson Nexus Requirement, And Employee Discharges By Semi-Public And State-Aided Institutions, Thomas R. Mccoy
Vanderbilt Law Review
The purpose of this Article has been to reestablish the continued vitality of the several branches of the state action doctrine in the face of recent decisions that have strained noticeably to avoid implementation of one or more elements of the doctrine, often by an illogical insistence on the application of the Jackson nexus requirement. At least in the employment discharge cases, the regular findings of no state action should not be read as casting doubt upon the continued viability of the various elements of state action doctrine, much less as indications that all elements except state-action-by-state-regulation are so obviously …