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← 23 CAL2D 774 - Miller v. McKenna

Miller v. McKenna’s Empirical Analysis

1944

Citation profile

99
cited by 99 later decisions
2
states following
May 2009
most recently cited

2 federal appellate · 93 state decisions

How this case has been cited

Cited by 99 later decisions — most recently May 2009 · most notably 61 Cal. 2d 21 - In Re Redevelopment Plan for Bunker Hill v. Goldman (1964), 29 Cal. 2d 541 - Zaslow v. Kroenert (1946)

2 federal appellate · 93 state decisions

4201944195019601970198019902000decided

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

Relies on Campbell v. Holt · Graham v. Goodcell · Swayne & Hoyt, Ltd. v. United States · United States v. Conrad Heinszen C · Chase v. Trout

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

  1. ““The Legislature may cure irregularities or omissions to comply with provisions of a statute which could have been omitted in the first instance. The rule is quoted from Cooley on Constitutional Limitations, at page 457, as follows: ‘If the thing wanted or failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the legislature to dispense with it by subsequent statute; and if the irregularity consists in doing some act, or in the manner or mode of doing some act, and which the legislature might have made immaterial by prior law, it is equally competent to make the same immaterial by a subsequent law.’ ””
    2 later decisions quote this exact passage
  2. “The right of `acquiring, possessing, and protecting property' is anchored in the first section of the first article of our Constitution. This right is as old as Magna Charta. It lies at the foundation of our constitutional government, and `is necessary to the existence of civil liberty and free institutions.' Billings v. Hall, 7 Cal. 1, 6 .”
    1 later decision quote this exact passage · from the concurrence
  3. “vested right, as that term is used in relation to constitutional guaranties, implies an interest which it is proper for the state to recognize and protect, and of which the individual may not be deprived arbitrarily without injustice. The question of what constitutes such a right is confided to the courts.”
    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.