Waterman v. Verniero’s Empirical Analysis

Citation profile

5 federal appellate · 1 district ·

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

1. “After reviewing the experts' affidavits, the Court finds that the psychology field has not yet reached an agreement on how sexually oriented materials affect the treatment of sex offenders. Although the Court is not equipped to resolve that issue, it has determined that plaintiffs' experts are more convincing because their position is more reasonable. Given the disagreement in the psychology field on this issue, it seems most appropriate for psychologists to determine whether to use such materials on a case-by-case basis. On the other hand, flatly prohibiting such materials, as N.J.S.A. 2C:47-10 proposes to do, would deny certain sex offenders valuable treatment. Thus, N.J.S.A. 2C:47-10 actually diminishes New Jersey's purported interest in rehabilitation. The Court concludes that the statute is not rationally related to rehabilitation because plaintiffs' experts' recommendation that the materials be reviewed on a case-by-case basis is a better method for handling the materials than that provided by the statute and New Jersey's experts.”

   2 later decisions quote this exact passage · from the majority
   e.g. Waterman v. Farmer · Richard Waterman

2. “legislative history does not mention rehabilitation”

   2 later decisions quote this exact passage · from the majority
   e.g. Waterman v. Farmer · Richard Waterman

3. “[a]s currently written ... sweeps far too broadly because it prohibits plaintiffs from reading the Bible, fashion. magazines, books, legal documents, and sections of newspapers. In addition, the statute is vague because it fails to define “associated anatomical area.” That phrase indicates that the statute bans the inmates from possessing or obtaining materials describing or depicting sexual activities from kissing to intercourse.”

   1 later decision quote this exact passage · from the majority
   e.g. 84 F. Supp. 2d 579 - Waterman v. Farmer