Aktepe v. USA’s Empirical Analysis
105 F.3d 1400 · 1997
Citation profile
20 federal appellate · 1 district · 5 state decisions
How this case has been cited
Cited by 42 later decisions — most recently June 2018 · most notably Schneider v. Kissinger (2005), Lane v. Halliburton (2008)
20 federal appellate · 1 district · 5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Baker v. Carr · Feres v. United States · Orloff v. Willoughby · Chappell v. Wallace · Boyle v. United Technologies Corp.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[1] a textually demonstrable constitutional commitment of the issue to a coordinate political department; [2] a lack of judicially discoverable and manageable standards for resolving it; [3] the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; !4] the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government; !5] an unusual need for unquestioning adherence to a political decision already made; or [6] the potentiality of embarrassment from multifarious pronouncements by various departments on one question.”
7 later decisions quote this exact passage · from the majority“[i]n order to determine whether the Navy conducted the missile firing drill in a negligent manner, a court would have to determine how a reasonable military force would have conducted the drill.... Courts will often be without knowledge of the facts or standards necessary to assess the wisdom of the balance struck [between safety and greater combat effectiveness]. More particularly, courts lack standards with which to assess whether reasonable care was taken to achieve military objectives while minimizing injury and loss of life.”
3 later decisions quote this exact passage · from the majority“[t]he interjection of tort law into the realms of ... military affairs would effectively permit judicial reappraisal of judgments the Constitution has committed to the other branches.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.