Hotch v. United States’s Empirical Analysis
212 F.2d 280 · 1954
Citation profile
54 federal appellate · 8 district · 4 state decisions
How this case has been cited
Cited by 89 later decisions — most recently November 1995 · most notably Carmen Gonzalez v. Orville L. Freeman (1964), California Citizens Band Accociation, Incorporated, a Corporation v. United States of America and Federal Communications Commission (1967)
54 federal appellate · 8 district · 4 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 44 U.S.C. § 301 · 44 U.S.C. § 304 · 44 U.S.C. § 305 · 44 U.S.C. § 307 · 48 U.S.C. § 220 · 5 U.S.C. § 1001 · 5 U.S.C. § 1002 · 5 U.S.C. § 1003
Relies on Federal Crop Ins Corporation v. Merrill · United States v. Morton Salt Co. · Willapoint Oysters, Inc. v. Ewing · Kempe v. United States
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * set up the procedure which must be followed in order for agency rulings to be given the force of law. Unless the prescribed procedures are complied with, the agency (or administrative) rule has not been legally issued, and consequently it is ineffective.” [Emphasis supplied.]”
2 later decisions quote this exact passage · from the majority““Under our system of law, no act is punishable as a crime unless it is specifically condemned by the common law or by a statutory enactment of the legislature. * * * Since Congress could delegate its authority, it could also delegate the manner in which that authority is to be exercised. Therefore, the Administrative Procedure Act and the Federal Register Act must be read as a part of every Congressional delegation of authority, unless specifically excepted. Those Acts require publication, irrespective of actual notice, as a prerequisite to the issuance of a regulation making certain acts criminal. If notice of a proposed rule is not published in the Federal Register at least thirty days prior to its issuance, or if good cause is not found and published for the immediate issuance of a rule, the rule cannot be legally issued; if the rule itself is not published, it follows that it has not been issued; and if a rule has not been issued, it has no force as law. “If certain acts have not been made crimes by duly enacted law, the knowledge of their contemplated administrative proscription cannot subject the informed person to criminal prosecution. While ignorance of the law is no defense, it is conversely true that a law which has not been duly enacted is not a law, and therefore a person who does not comply with its provisions cannot be guilty of any crime.” 212 F.2d at 283-284 (footnotes omitted).”
1 later decision quote this exact passage · from the majority““General notice of propos'ed rule making shall be published in the Federal Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law) * * But see: Hotch v. United States, 212 F. 2d 280 , 283 (9th Cir. 1954); Compare criticism by Professor Davis, 1 Davis, Administrative Daw, § 6.10.”
1 later decision quote this exact passage · from the majoritye.g. Reich v. Webb
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.