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← 111 F.2d 393 - Phipps v. School Dist.

Phipps v. School Dist.’s Empirical Analysis

111 F.2d 393 · 1940

Citation profile

13
cited by 13 later decisions
2
states following
January 1991
most recently cited

4 federal appellate · 2 district · 2 state decisions

How this case has been cited

Cited by 13 later decisions — most recently January 1991

4 federal appellate · 2 district · 2 state decisions

50194019501960197019801990decided

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

Applies 28 U.S.C. § 41

Relies on Chicot County Drainage District v. Baxter State Bank · Norton v. Shelby County · United States v. Bank of New York & Trust Co. · Robb v. Connolly · Dodge v. Osborn

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

  1. ““It is quite clear, however, that such broad statements as to the effect of a determination of unconstitutionality must be taken with qualifications. The actual existence of a statute, prior to such a determination, is an operative fact and may have consequences which cannot justly be ignored. The past cannot always be erased by a new judicial declaration. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects, — with respect to particular relations, individual and corporate, and particular conduct, private and official. Questions of rights claimed to have become vested, of status, of prior determinations deemed to have finality and acted upon accordingly, of public policy in the light of the nature both of the statute and of its previous application, demand examination.””
    1 later decision 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.