195 W. Va. 474 - Philyaw v. Gatson’s Empirical Analysis
1995
Citation profile
18 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 2024
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Baker v. Carr · Broadrick v. Oklahoma · United States Civil Service Commission v. National Ass'n of Letter Carriers · Clements v. Fashing · Huffman v. Florida
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The findings of fact of the Board of Review of the West Virginia Department of Employment Security are entitled to substantial deference unless a reviewing court believes the findings are clearly wrong. If the question on review is one purely of law, no deference is given and the standard of judicial review by the court is de novo.”
3 later decisions quote this exact passage““The circuit court, in reversing the Board of Review[,] interpreted the resign-to-run requirement as an unconstitutional qualification for candidates seeking office under Marra v. Zink, 163 W.Va. 400 , 256 S.E.2d 581 (1979) (declaring unconstitutional a city charter which required candidates for city council to be city residents for one year as an additional qualification for a municipal office, under W. Va. Const, art. IV, § 4). We believe that the circuit court’s reliance on Mavra is misplaced since the resign-to-run rule does not impose an additional qualification on a candidate. The employer did not alter the qualifications necessavy to run for office, but rather established requirements for retaining employment. The claimant’s employment was conditioned upon a reasonable restriction, which because of the unique nature of the employment would not be imposed on employees in the private sector. This extension of the resign-to-run requirement to judicial employees is designed as a prophylactic measure to protect the entire judicial branch. This rule is a legitimate and independent condition of claimant’s continued employment with the Judiciary. We hold the restriction on judicial employees requiring their resignation upon becoming a candidate for a non-judicial office is reasonable. 8”
2 later decisions quote this exact passage · from the dissent“Justice Frankfurter, dissenting in Baker v. Carr, may have said it best, “[t]he Court’s authority — possessed of neither the purse nor the sword — ultimately rests on sustained public confidence in its moral sanction.” Baker v. Carr, 369 U.S. 186, 267 , 82 S.Ct. 691, 737-38 , 7 L.Ed.2d 663 (1962). This moral sanction, which is the underpinning of the public confidence in our judicial system is at the heart of West Virginia Constitution article VIII, section 7 ....”
1 later decision quote this exact passage
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.