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Federal State-Action Doctrine Print

This article is titled: The Constitution and Private Government: Toward the Recognition of Constitutional Rights in Private Residential Communities Fifty Years After Marsh V. Alabama by Steven Siegel and was published in the William and Mary Bill of Rights Journal, Volume 6, Issue 2, 1998. Mr. Siegel believes that the environment in the federal courts has changed since this article was written and that it should be viewed more as a thoretical work and not as a practical work today. In his own words:

"Because my article is largely theoretical and not practical, I fear that it might unduly raise the expectations of homeowners when, in fact, there is very very little chance that the federal courts today would apply federal state-action doctrine in a manner consistent with what I advocate in my article.

 Nevertheless, I think that the article would be of theoretical, historical and "academic" interest to some homeowners who are interested in these aspects of the issue... Perhaps the article should be accompanied by a disclaimer that it is not intended to be a practical litigation primer!"  Download Steven's Article

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