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Full-Text Articles in Law
When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell
When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell
University of Richmond Law Review
A 1977 article in this Review noted certain amendments to Virginia's Banking Act which introduced and defined the term "public interest" as the standard to be applied by the Virginia State Corporation Commission (hereinafter Commission) in regulating the expansion of the state-chartered banks and savings and loan associations in Virginia. That article summarized certain principles the Commission and the Virginia Supreme Court had applied under the former tests ("public need" and "public convenience and necessity"), and pointed out facts the Commission had considered significant in deciding those cases.
State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond
State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond
University of Richmond Law Review
FlaggBros., Inc., v. Brooks is the latest in a series of cases pertaining to the issue of state action. In that case, the Court decided that "dispute resolution" was not a public function such that the actions of a private party must adhere to constitutional standards. Mr. Justice Rehnquist, in delivering the opinion of the Court, added that, when considering such functions as education, police and fire protection, and tax collection: "We express no view as to the extent, if any, to which a city or State might be free to delegate to private parties the performance of such functions …