State Action
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the alleged conduct constitutes state action, thereby triggering constitutional protections.
Analysis
R: The Constitution generally protects individuals from wrongful conduct by the government, not private parties. To trigger constitutional protections, the alleged conduct must qualify as state action. State action is present when (1) the private party’s conduct involves a traditional governmental function or (2) there is significant state involvement in the private party’s conduct.
1. Traditional Government Function
R: State action is found when a private party performs activities that are traditionally and exclusively carried out by the government. This doctrine applies to functions such as conducting elections, operating a company town, or administering a jury system.
A: Here, [apply rule to facts].
2. Significant State Involvement
R: State action may also be found when the government is significantly involved in or entwined with the private party’s actions. State action exists where: (1) The government is pervasively entwined with the private entity through shared operations or mutual contacts; (2) The private and government actions are so closely linked that they yield mutual benefits; or (3) The government creates a corporation by special law for governmental purposes and retains control over its operations.
A: Here, [apply rule to facts].
a. Exceptions
R: Certain entities and activities are not considered state actors even with government connections. These exceptions include: (1) Businesses subject to substantial government regulation; (2) Entities with government-granted monopolies; (3) Medicaid-accepting nursing homes; (4) Privately operated but publicly funded schools; and (5) Corporations chartered by Congress without substantial governmental control.
A: Here, [apply rule to facts].
Conclusion
C: Therefore, the alleged conduct [constitutes/does not constitute] state action.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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