Rousseau v. Brown’s Empirical Analysis

Citation profile

2 federal appellate · 2 district ·

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

1. ““It is not necessary to the decision of the question submitted to me in the matter under ■consideration to determine whether all the provisions of treaties, whoso execution requires tho exercise of powers submitted to Congress, must be so submitted before they become law to the courts and executive departments, for the treaty under consideration is a reciprocal one; each party to it covenants to grant in the future to the subjects and citizens of the other parties certain special rights in consideration of tho granting of like special rights to its subjects or citizens. It is a contract operative m the future infraterritorially. It is therefore not self-executing, but requires legislation to render it effective for the modification of existing laws.” (Italics ours.)”

   1 later decision quote this exact passage · from the majority
   e.g. Robertson v. General Electric Co.

2. ““The convention is in the nature of a contract between the parties thereto, and is not self-executing. It requires tho action of Congress to give it full force and effect. This is the construction that has been placed upon it by most of the parties to it, and they have adopted legislation giving effect to it. * * * But without regard to the action of other states, the uniform, construction of that convention by the Patent Office officials, and by the courts of this country, has been that the convention is not self -executing, hut requires the aid of an act of Congress.” (Italics ours.)”

   1 later decision quote this exact passage · from the majority
   e.g. Robertson v. General Electric Co.