MBE Rules · Constitutional Law
State action — entanglement
Shelley v. Kraemer / Burton v. Wilmington Parking
The rule
Private conduct becomes state action when the government is significantly entangled with it — through judicial enforcement of private discrimination (Shelley), symbiotic relationships (Burton), joint participation, or when the state has authorized, encouraged, or facilitated the unconstitutional conduct. Mere licensing, regulation, or public funding is not enough.
In plain English
The second path to state action. Look for meaningful government involvement in the specific challenged conduct — not just a background regulatory relationship.
How examiners test it
Private club, restaurant, or company sued for constitutional violation; question asks whether state involvement is enough to trigger constitutional review.
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