Stirling v. Brown’s Empirical Analysis
2018
Citation profile
4 state decisions
Relationships
Applies 10 U.S.C. § 10501 · 32 U.S.C. § 110
Relies on Payless Wholesale Distributor, Inc. v. Albert Culver (P.R.) Inc. · 29 Cal. 4th 616 - In Re Rosenkrantz · 18 Cal. 3d 728 - Serrano v. Priest · 29 Cal. 4th 228 - Cooley v. Superior Court · Perpich v. Department of Defense
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The National Guard is an unusual military force because it serves both as the militias for the 50 states, the District of Columbia, Puerto Rico, Guam, and the American Virgin Islands, and as the reserve force for the United States Army and Air Force. 'The [National] Guard occupies a distinct role in the federal structure that does not fit neatly within the scope of either state or national concerns. In each state the National Guard is a state agency, under state authority and control. At the same time, federal law accounts, to a significant extent, for the composition and function of the Guard.' " ( Stirling v. Brown (2018) 18 Cal.App.5th 1144 , 1151, 227 Cal.Rptr.3d 645 ( Stirling ), alteration in original.) "The Governor and his or her appointee, the Adjutant General, command the National Guard in each state.”
1 later decision quote this exact passage“In their capacity as members of the National Guard of the United States, individual members of the National Guard are part of the enlisted Reserve Corps of the Armed Forces of the United States. However, unless and until ordered to active duty in the Army, such individuals retain their status as members of separate state National Guard units.”
1 later decision quote this exact passage“' "It is ... against all settled rules of statutory construction that courts should write into a statute by implication express requirements which the Legislature itself has not seen fit to place in the statute.”
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.