Nilva v. United States’s Empirical Analysis
212 F.2d 115 · 1954
Citation profile
56 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 63 later decisions (2 by the Supreme Court) — most recently September 1990 · most notably United States v. Sharpnack (1958), Nilva v. United States (1957)
56 federal appellate · 1 district · 1 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
Applies 15 U.S.C. § 1171 (Sherman Antitrust Act) · 15 U.S.C. § 1172 (Sherman Antitrust Act)
Relies on Glasser v. United States · Gibbons v. Ogden · United States v. Chemical Foundation, Inc. · Field v. Clark · United States v. Rock Royal Co-Op Noyes
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 63 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Congress is vested with the exclusive power to enact laws affecting or regulating interstate commerce. In doing so, however, it is not required that its laws shall be uniformly applicable to all states. Thus, in Currin v. Wallace, 306 U.S. 1 , [ 59 S.Ct. 379 , 83 L.Ed. 441 ,] the court said: “We have repeatedly said that the power given to Congress to regulate interstate and foreign commerce is ‘complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the Constitution.’ Gibbons v. Ogden, 9 Wheat. 1, 196 , 6 L.Ed. 23 . To hold that Congress in establishing its regulation is restricted to the making of uniform rules would be to impose a limitation which the Constitution does not prescribe. There is no requirement of uniformity in connection with the commerce power (Art. 1, sec. 8, cl. 3, Const. U.S.C.A.) such as there is with respect to the power to lay duties, imposts and excises (Art. 1, sec. 8, cl. 1, Const. U.S.C.A.). Clark Distilling Co. v. Western Maryland R. Co., 242 U.S. 311, 327 , 37 S.Ct. 180, 185 , 61 L.Ed. 326 .. . .””
1 later decision quote this exact passage““ * * * We are also taking into consideration the fact that this trial took some three days to conclude, and that the testimony in the trial was quite conflicting and confusing. That the defendant was convicted on the uncorroborated testimony of an accomplice. The Court feels that the witness Medina who was offered by the Government is not a witness that you would look upon with too much credibility, yet that was a matter for the jury to pass upon, and they believed the witness insofar as he established the elements of the offense relative to causing the transportation.””
1 later decision quote this exact passage“the evidence referred to, and any objections or other equivalent action taken relative thereto, together with the rulings of the court thereon, giving the pages of the printed record on which the quotations appear”
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.