Smith v. Mangum’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “While cohabitation by the receiving spouse may often lead to a sense of moral outrage on the part of the paying spouse, we can see no relevance under the present statutory scheme for evidence concerning the sexual conduct of the receiving spouse.... The modification of spousal maintenance is authorized ‘only upon a showing of changed circumstances which are substantial and continuing.’ A.R.S. § 25-327(A). A reference to 'changed circumstances’ ... is clearly a reference to the economic circumstances that justified the original award ... [T]he sexual conduct of the receiving spouse is simply not relevant.”

   1 later decision quote this exact passage
   e.g. Musgrove v. Musgrove

2. “The Arizona statutes are clear, however, and any changes in such declared policy must originate in the legislature____ A number of states—most notably California, Illinois, and New York—have enacted statutes that specifically deal with this problem____ If changes in Arizona law are desirable, they should be left to legislative action and not to the courts.”

   1 later decision quote this exact passage
   e.g. Van Dyke v. Steinle