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 and thereby avoid the strictures of the Fourteenth Amendment.'' It is the purpose of this comment to consider if, or under what circumstances, these or other functions would be classified as public functions so that the state action principle would apply.
William A. Diamond,
State Action and the Public Function Doctrine: Are There Really Public Functions?,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol13/iss3/9