In this essay, I hope to expand the foundation of that conclusion and further explore its implications for private accountability and the duties of the Court, Congress and state lawmakers. Part I extends the discussion from state responsibility to private accountability. It first examines the paradoxes implicit in the Courts doctrine of private accountability. Among the forces that have shaped the present doctrine of private accountability, and motivated the scholarly debate, is the palpable need to protect the fundamental interests of people against invasion by powerful private initiatives.
Alan R. Madry,
Private Accountability and the Fourteenth Amendment; State Action, Federalism and Congress,
59 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol59/iss3/1