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Challenging State Acts Of Authorization Under The Fourteenth Amendment: Suggested Answers To An Uncertain Quest, G. Sidney Buchanan
Challenging State Acts Of Authorization Under The Fourteenth Amendment: Suggested Answers To An Uncertain Quest, G. Sidney Buchanan
Washington Law Review
The holdings in Flagg Brothers and Jackson suggest the central question addressed in this article: To what extent are state acts of authorization immunized from judicial review on the merits? Using the fact situations in Flagg Brothers and Jackson as paradigms, the two types of challenges that can be made in a typical fact situation involving the state action issue are first described. These two models are then discussed in relation to Flagg Brothers, Jackson, and other Supreme Court decisions that implicate the state action issue. With that discussion as a predicate, this article next considers the procedural problems that …