Kan-Gi-Shun-Ca’s Empirical Analysis

Citation profile

252 federal appellate · 110 district · 109 state decisions

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 706 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “shall not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively.”

   20 later decisions quote this exact passage
   e.g. Williams v. United States · Henry v. United States

2. ““The pledge to secure to these people, with whom the United States was contracting as a distinct political body, an orderly government, by appropriate legislation thereafter to be framed and enacted, necessarily implies, having regard to all the circumstances attending the transaction, that among the arts of civilized life, which it was the very purpose of all these arrangements to introduce and naturalize among them, was the highest and best of all,— that of self-government, the regulation by themselves of their own domestic affairs, the maintenance of order and peace among their own members by the administration of their own laws and customs.” 109 U.S. at page 568 , 3 S.Ct. at page 404 .”

   6 later decisions quote this exact passage · from the majority
   e.g. Iron Crow v. Oglala Sioux Tribe of Pine Ridge Reservation · Oliphant v. Schlie

3. ““ The definition of the term ‘ Indian country ’ contained in chapter 161, § 1, of the Act of 1834, (4 St. 729,) though not incorporated in the Ilovised Statutes, and though repealed simultaneously with other enactments, may be referred to in order to determine what is meant by the term when used in the statutes; and it applies to all tlie country to which the Indian title has not been extinguished within the limits of the United States, whether within a reservation or not, and whether acquired before or since the passage of that act.””

   6 later decisions quote this exact passage · from the majority
   e.g. Kie v. United States · United States v. Partello