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1.
Edmundson v. Leesville Concrete Co.
(1991): Federal trial during voir dire. Δ, a private company, exercises
preemptory strikes to exclude blacks from the jury (employment discrimination
case). Held: The attorney is not completely a private actor b/c he has
the assistance from the government. Govt facilitates the jury and trial system
+ trials by jury are a traditional government function.
a.
Justice
Kennedy’s State Action Edmonson Synthesis
(1)
Was the
Constitutional deprivation the result of the exercise of a right/privilege w/
its source in state authority? (here, yes, only have rt of preemptories if in a
court)
(2)
Can a private
party fairly be described as a state actor?
(a)
Does it rely on
government aid/benefits?
(b)
Is it a
traditional governmental function? (marsh)
(c)
Do incidents of
governmental authority uniquely aggravate the injury?
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