Smith v. Duldner’s Empirical Analysis

Citation profile

10 federal appellate · 1 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule, however, as to the exhaustion of administrative remedies applies just as forcibly when, as here, the contention is made that the regulations, in not providing for the right to compel attendance of witnesses, and the right of cross examination, are invalid and unconstitutional. Appellant's claim that the order of the Area Rent Director is concerned with her constitutional right and deprives her of due process of law, does not relieve her of the necessity of exhausting the administrative remedies which are afforded to her under the regulations of the Expediter and the Housing and Rent Act of 1947.”

   1 later decision quote this exact passage · from the majority
   e.g. Rice v. Walls

2. “In the absence of any proceeding before the Administrator we cannot assume that he would fail in the performance of any duty imposed upon him by the Constitution and laws of the United States, or that he would deny due process to petitioners by `loading the record against them' or denying such hearing as the Constitution prescribes.”

   1 later decision quote this exact passage · from the majority
   e.g. Osmond v. Riverdale Manor, Inc.

3. ““ * * * Courts will not usually anticipate a question of constitutional law in advance of the necessity of deciding it. * * * ” (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. 115 F. Supp. 506 - Haymes v. Landon