State v. Block’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) [wjhether the sanction involves an affirmative disability or restraint},] (2) whether it has historically been regarded as a punishment},] (3) whether it comes into play only on a finding of scienter},] (4) whether its operation will promote the traditional aims of punishment — retribution and deterrence},] (5) whether the behavior to which it applies is already a crime},] (6) whether an alternative purpose to which it may rationally be connected is assignable for it},] and (7) whether it appears excessive in relation to the alternative purpose assigned.”

   1 later decision quote this exact passage
   e.g. State ex rel. Foy v. Austin Capital Management, Ltd.

2. “the secretary makes a determination that a violation of [the Act] has occurred, the secretary shall impose a fine or transmit the finding to the attorney general for prosecution.”

   1 later decision quote this exact passage
   e.g. 1 N.M. Ct. App. 577 - Montoya v. Herrera

3. “a person who violates a provision of the [Act] is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 1 N.M. Ct. App. 577 - Montoya v. Herrera