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Source State Action Delaware Bar Exam Topic Index Matched to this deck.

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0 tracked cards Delaware Essays

A private nonprofit receives 80 percent of its budget from state grants and files detailed annual reports with a state agency. Its private board fires an employee for criticizing management. No state official participated in or encouraged the firing.
What is the best state-action analysis?

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The firing is not state action only if the nonprofit receives no government funds at all. The challenged firing is state action because the nonprofit serves a public purpose. Public funding and reporting requirements alone are insufficient unless the state is responsible for the specific firing. The firing is state action because the nonprofit's grant application was approved by a state employee.

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