| United States. Supreme Court - 1948 - 1084 páginas
...doubt that there has been state action in these cases in the full and complete sense of the phrase. The undisputed facts disclose that petitioners were...occupy the properties in question without restraint. These are not cases, as has been suggested, in which the States have merely abstained from action,... | |
| United States. Congress. Senate. Committee on the Judiciary - 1959 - 710 páginas
...desired to establish homos. The owners of the properties wore willing sellers; and contracts of sale wen- accordingly consummated. It is clear that but for...courts, supported by the full panoply of state power. |>otitioners would have been free to occupy the properties in question without restraint. These are... | |
| David P. Currie - 1994 - 682 páginas
...unconstitutional.171 In Shelley, however, the property owners had been willing to disobey their agreements; "but for the active intervention of the state courts,...petitioners would have been free to occupy the properties in question."172 Ever since the jury discrimination cases of 1880 it had been clear that the fourteenth... | |
| Mark V. Tushnet - 1994 - 414 páginas
..."there has been state action in these cases in the full and complete sense of the phrase," because "but for the active intervention of the state courts,...occupy the properties in question without restraint." According to Vinson, "the difference between judicial enforcement of the restrictive covenants is the... | |
| Abraham L. Davis, Barbara Luck Graham - 1995 - 512 páginas
...doubt that there has been state action in these cases in the full and complete sense of the phrase. The undisputed facts disclose that petitioners were...occupy the properties in question without restraint. These are not cases, as has been suggested, in which the States have merely abstained from action,... | |
| the late Bernard Schwartz - 1996 - 417 páginas
..."no doubt" that the challenged conduct fell within the "full and complete" meaning of state action.98 "[B]ut for the active intervention of the state courts, supported by the full panoply of state powers," the Court continued, "the petitioners would have been free to occupy the properties in question... | |
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