In Re Herrmann’s Empirical Analysis
2007
Citation profile
75 state decisions
Relationships
Relies on Campbell v. Department of Civil Service · Henry v. Rahway State Prison · New Jersey Division of Youth & Family Services v. A.W. · United States v. Ash · In Re the Revocation of the License of Polk
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When an agency's decision meets those criteria, then a court owes substantial deference to the agency's expertise and superior knowledge of a particular field. Deference controls even if the court would have reached a different result in the first instance.”
12 later decisions quote this exact passage · from the majority“An administrative agency's final quasi-judicial decision will be sustained unless there is a clear showing that it is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.”
12 later decisions quote this exact passage · from the majority“[a]lthough progressive discipline is a recognized and accepted principle that has currency in the [Merit System Board]’s sensitive task of meting but an appropriate penalty to classified employees in the public sector, that is not to say that incremental discipline is a principle that must be applied in every disciplinary setting. To the contrary, judicial decisions have recognized that progressive discipline is not a necessary consideration when reviewing an agency head's choice of penalty when the misconduct is severe, when it is unbecoming to the employee's position or renders the employee unsuitable for continuation in the position, or when application of the principle would, be contrary to the public interest.”
2 later decisions quote this exact passage · from the concurrence
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.