175 Md. App. 351 - State v. Copes’s Empirical Analysis

Citation profile

4 district · 8 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. “Administrative regulations have the force of law when they are “legislative” and not merely “interpretive.” A regulation is “legislative” when it “affects individual rights and obligations” and “the agency intended the rule to be legislative as ‘evidenced by such circumstantial evidence as the formality that attended the making of the law, including the rule making procedure and publication.’ ” Moreover, a “legislative” regulation is enacted under the authority of an express delegation of power from the legislature.... An “interpretive” regulation, in contrast, “simply state[s] what the administrative agency thinks the statute means, and only ‘remind[s]’ affected parties of existing duties.” While an interpretive regulation does not carry the force of law, it is entitled to deference because it reflects the agency’s interpretation of its own statute.”

   1 later decision quote this exact passage
   e.g. 218 Md. App. 573 - Rodriguez v. State

2. “D. Limits of Liability. Within total budgeted funds available for self-insurance coverage of tort claims, the limits of State liability shall be: (1) Subject to § D(2) of this regulation, $200,000 per claimant for all injury, loss, and damage to person and property arising from a single incident. For the purpose of determining the limits of liability under this subsection, all persons claiming damages resulting from: (a) Bodily injury to, or the death of, any one person shall be considered to be one claimant.”

   1 later decision quote this exact passage
   e.g. 218 Md. App. 573 - Rodriguez v. State