20:38
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Simple English definitions for legal terms
public-function rationale
Read a random definition: due-on-sale clause
A quick definition of public-function rationale:
Public-Function Rationale: This is a rule that says when a private person or group is doing something that is like a job that the government usually does, then they have to follow the same rules as the government. For example, a private group that runs elections can't stop people from voting because of their race, just like the government can't. This rule is important for making sure everyone is treated fairly.
A more thorough explanation:
Definition: Public-function rationale is a principle in constitutional law that characterizes private conduct as state action when a private party is exercising a public function. This is especially important for due-process and equal-protection purposes. For example, a political party cannot exclude voters from primary elections based on race because it is a public function.
Example: A private company that operates a prison is performing a public function because it is carrying out a duty that is traditionally reserved for the government. Therefore, the company's actions can be subject to constitutional scrutiny under the public-function rationale.
Explanation: The example illustrates how a private company can be considered a state actor when it is performing a public function. In this case, the private company is operating a prison, which is a function that is typically carried out by the government. Therefore, the company's actions can be subject to constitutional scrutiny under the public-function rationale, just like a government agency would be.