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Full-Text Articles in Law

Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi Jun 2016

Ftc V. Phoebe Putney And Municipalities As Nongovernments, Peter F. Nascenzi

Northwestern University Law Review

American courts have long struggled with categorizing municipalities. They treat municipalities sometimes as private corporations, sometimes as governmental bodies, and sometimes as something in between. This uncertainty provides a shaky foundation for local government law and hampers its development. Local governments are not sure of their powers, and states are unable to create a comprehensive vision of municipal governance. When federal law is involved, the situation is muddled further.

In FTC v. Phoebe Putney, the Supreme Court’s application of the state action doctrine unnecessarily injected federal antitrust law into the relationship between states and municipalities. The state action doctrine …


Is Finra A State Actor? A Question That Exposes The Flaws Of The State Action Doctrine And Suggests A Way To Redeem It, Michael Deshmukh May 2014

Is Finra A State Actor? A Question That Exposes The Flaws Of The State Action Doctrine And Suggests A Way To Redeem It, Michael Deshmukh

Vanderbilt Law Review

For over seventy years, the National Association of Securities Dealers ("NASD") was the principal self-regulatory organization ("SRO") responsible for the regulation and oversight of the U.S. securities market.' In 2000, working with the Securities and Exchange Commission ("SEC") and the New York Stock Exchange ("NYSE"), the NASD initiated a joint investigation into twelve investment firms that were allegedly "spinning" initial public, offerings. This sort of regulatory interplay between the NASD and the NYSE governed the industry until 2008, when self-regulatory power was further consolidated by a merger between the NASD and the regulatory arm of the NYSE. The resulting organization, …


Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder May 2013

Beyond Weighing And Sifting: Narrowing Judicial Focus As An Alternative To Burton V. Wilmington Parking Authority, William W. Wynder

Pepperdine Law Review

No abstract provided.


Antitrust’S State Action Doctrine And The Ordinary Powers Of Corporations, Herbert J. Hovenkamp Oct 2012

Antitrust’S State Action Doctrine And The Ordinary Powers Of Corporations, Herbert J. Hovenkamp

All Faculty Scholarship

The Supreme Court has now agreed to review the Eleventh Circuit's decision in Phoebe-Putney, which held that a state statute permitting a hospital authority to acquire hospitals implicitly authorized such acquisitions when they were anticompetitive – in this particular case very likely facilitating a merger to monopoly. Under antitrust law’s “state action” doctrine a state may in fact authorize such an acquisition, provided that it “clearly articulates” its desire to approve an action that would otherwise constitute an antitrust violation and also “actively supervises” any private conduct that might fall under the state’s regulatory scheme.

“Authorization” in the context of …


The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven Cleveland Jun 2012

The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven Cleveland

Steven J. Cleveland

No abstract provided.


The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland Jan 2005

The Nyse As State Actor?: Rational Actors, Behavioral Insights & Joint Investigations, Steven J. Cleveland

American University Law Review

No abstract provided.


Due Process Jan 1992

Due Process

Touro Law Review

No abstract provided.


Equal Protection Jan 1991

Equal Protection

Touro Law Review

No abstract provided.


The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West Jan 1991

The Ideal Of Liberty: A Comment On Michael H. V. Gerald D., Robin West

Georgetown Law Faculty Publications and Other Works

What is the meaning and content of the "liberty" protected by the due process clause of the fourteenth amendment? In Michael H. v. Gerald D. Justices Brennan and Scalia spelled out what at first blush appear to be sharply contrasting understandings of the meaning of liberty and of the substantive limits liberty imposes on state action. Justice Scalia argued that the "liberty" protected by a substantive interpretation of due process is only the liberty to engage in activities historically protected against state intervention by firmly entrenched societal traditions. I will sometimes call this the "traditionalist" interpretation of liberty. Justice Brennan, …


The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris Jan 1990

The Stagnation Of Texas Ground Water Law: A Political V. Environmental Stalemate., Karen H. Norris

St. Mary's Law Journal

The rapidly increasing Texas population coupled with the scarcity of water resources has created an urgent need for regulation of ground water pumpage. The extraction of ground water in Texas remains largely unregulated. Texas landowners, by virtue of their surface ownership, have property rights in all underlying ground water. As such, Texas landowners have the right to unlimited pumpage of the ground water beneath their land. Texas landowners have jealously guarded this right at the expense of our environment and future water resources. The Texas legislature created conservative underground water districts to help preserve water resources. However, the limited scope …


Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius Jun 1988

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.


The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover Jan 1985

The Washington Constitutional "State Action" Doctrine: A Fundamental Right To State Action, David M. Skover

Seattle University Law Review

The time is ripe to establish the nature of the Washington "state action" doctrine and its theoretical purposes, and to evaluate its capacity to serve the functions justifying its existence. This Article will perform this exegesis. This Article proposes the dismantlement of the Washington "state action" doctrine and the recognition that cases involving competing private claims of state constitutional liberties present justiciable controversies that must be decided by conscious and comprehensive judicial investigation of the merits.


Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson Jan 1982

Alderwood Associatesv. Washington Environmental Council: State Action And The Washington State Constitution, Suzanne Lee Elliott, Jane Elizabeth Pearson

Seattle University Law Review

In Alderwood Associates v. Washington Environmental Council, the Washington Supreme Court reversed a temporary restraining order forbidding the defendant's solicitation or demonstration on plaintiff's privately owned shopping mall. Although there was no majority opinion because the court split four-one-four, the result of the several opinions is that the Washington constitution now bars private as well as state action that interferes with the gathering of initiative signatures on certain private property. However, four justices also concluded that the free speech sections of the Washington constitution restricts private as well as state action. The Alderwood result is desirable, but could have …


The Burger Court, 'State Action', And Congressional Enforcement Of The Civil War Amendments, Larry Yackle Jan 1975

The Burger Court, 'State Action', And Congressional Enforcement Of The Civil War Amendments, Larry Yackle

Faculty Scholarship

There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fate of individual liberty in this Nation is in the hands of a Supreme Court whose newest members, cast in the intellectual likeness of a disgraced Executive, lack sufficient sensitivity to libertarian ideals to preserve the American democracy as we know it. Particularly for those who found in the Warren Court the moral leadership necessary to move the country toward a just resolution of the perplexing social problems that plague us all, the skies seem dark. Our constitutional system has always …


Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review Jan 1967

Constitutional Law-State Action: Significant Involvement In Ostensibly Private Discriminations-Mulkey V. Reitman, Michigan Law Review

Michigan Law Review

From 1959 through 1963, the California legislature enacted a series of statutes which prohibited racial discrimination in the sale or rental of housing. Most important among these were the Unruh Civil Rights Act, which proscribed racial discrimination by "business establishments of every kind,'' and the Rumford Fair Housing Act, which prohibited such conduct by anyone in the sale or rental of residential housing containing more than four units. Adverse public reaction to these statutes resulted in an amendment to the California constitution15 by means of an initiative measure in the general election of 1964. This amendment, popularly known as Proposition …


Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine Jan 1961

Color Blindess But Not Myopia: A New Look At State Action, Equal Protection, And "Private" Racial Discrimination, Theodore J. St. Antoine

Michigan Law Review

Mr. Justice Frankfurter has remarked: "In law also the right answer usually depends on putting the right question." For nearly one hundred years now the courts have been putting certain key questions whenever confronted by the claim that a person was being deprived of the equal protection of the laws guaranteed by the fourteenth amendment of the federal constitution. From the time the "separate-but-equal" doctrine was enunciated in Plessy v. Ferguson until it was repudiated in the School Segregation Cases two principal questions were likely to be asked about any classification based on racial grounds: (I) Did the classification result, …


Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch May 1958

Constitutional Law - Civil Rights - Recent New York City Ordinance Bans Discrimination In Certain Private Housing Facilities, W. Stanley Walch

Michigan Law Review

A recent New York City ordinance is the first anti-discrimination legislation affecting the sale and rental of privately-owned housing to minority groups. The ordinance contains three principal provisions: It (1) forbids racial or religious discrimination by private owners in the selection of tenants or buyers for any "housing accommodation which is located in a multiple dwelling," (2) bans discrimination in the selection of purchasers by a seller of ten or more contiguous housing units, and (3) prohibits the owner or lessor of housing accommodations covered by the ordinance from discriminating because of race or religion in setting the terms of …


Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed. Dec 1957

Constitutional Law - Executive Powers - Use Of Troops To Enforce Federal Laws, Robert H. Elliott Jr., S.Ed., Richard I. Singer S.Ed.

Michigan Law Review

The recent use of federal troops in Little Rock, Arkansas to enforce the order of a federal district court requiring school integration has occasioned widespread controversy throughout the nation. It is the purpose of this comment to examine the constitutionality of such action and to consider its broader implications with respect to federal-state and congressional-executive relationships.