Download or read book Rethinking State Inaction written by David Howard and published by . This book was released on 2017 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: State action is required in virtually every constitutional claim before constitutional rights can even be implicated, including rights under the Fourteenth Amendment. This article reviews in-depth both lower federal court and state court decisions deciding whether state action is present, or even necessary under the state constitutions, and what these decisions mean in the evolution of the state action doctrine. The article then goes on to determine whether state action should be required in cases involving racial discrimination. Specifically, this Article looks to whether state inaction, where the state simply permits private racial discrimination and injustice to occur, can constitute state action for the purposes of the Fourteenth Amendment. Additionally, the question arises whether state actually have a duty to rectify private racial injustice under the state action doctrine, and if the state can be held accountable for allowing structural injustice to continue.