Ex Parte Banks’s Empirical Analysis

Citation profile

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

1. ““1. A review of the advisory opinion written by Mr. Justice Thomas in this cause convinces us of the soundness and propriety of the conclusion . therein reached, viz. the reaffirmance of the doctrine of Shields v. State, and of its harmony with constitutional limitations, whether state or federal. “2. Notwithstanding the plausibility of the argument in favor of the second .proposition, We are satisfied that the provision of the Eighteenth Amendment that ‘the Congress and the several states shall have concurrent power to enforce this article by appropriate legislation,’ cannot be intended as an abrogation of the distinctive rules of pleading, evidence, and practice prevailing in' the several states, nor as an imposition of the federal rules of merely adjective law upon the courts of the states, whether in the administration of state.or federal prohibition laws. Certainly neither the language nor the obvious purpose of the article is suggestive of such a result, and the contention in that behalf cannot be sustained.””

   1 later decision quote this exact passage
   e.g. 19 Ala. App. 177 - Clements v. State