Harry Mitchell’s Empirical Analysis

Citation profile

17 federal appellate · 7 district · 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 95 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under the Eleventh Amendment, a state is immune from suit under state or federal law by private parties in federal court absent a valid abrogation of that immunity or an express waiver by the state.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Jerry C. Harleston in Re Donna L. Harleston, Debtors, State Board of Equalization, of the State of California v. Jerry C. Harleston Donna L. Harleston · William Hibbs, United States of America, Intervenor v. Department of Human Resources Charlotte Crawford Nikki Firpo

2. “clear declaration of the state's intention to waive its immunity.”

   3 later decisions quote this exact passage · from the majority
   e.g. In Re Jerry C. Harleston in Re Donna L. Harleston, Debtors, State Board of Equalization, of the State of California v. Jerry C. Harleston Donna L. Harleston · In Re Kathryn Bliemeister,

3. “because the State did not file a proof of claim in either case, it did not waive its immunity under 11 U.S.C. § 106 (b). Cf. In re Jackson, 184 F.3d at 1050 (finding that a state waived its Eleventh Amendment immunity when it filed a proof of claim).”

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Jerry C. Harleston in Re Donna L. Harleston, Debtors, State Board of Equalization, of the State of California v. Jerry C. Harleston Donna L. Harleston · Harleston v. C L