State v. Shinkle’s Empirical Analysis

Citation profile

8 state decisions

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. ““ * * * Here the state employs the machinery of justice to enforce a claim and yet it seeks to deny the defendant a defense whieh would be available to him as against any other plaintiff. There is an appearance of unfairness in the state’s position — the spectacle of a participant in a contest rejecting the ordinary rules of the game by which others must play. Although the state’s claim of immunity in such a case is logically no more unreasonable than where the state asserts its immunity as a defendant, the fact that the state initiates the proceeding puts the matter in a setting which runs counter to generally accepted notions of fair play. The state as the creator of laws, should not present such an image of injustice.””

   3 later decisions quote this exact passage
   e.g. Missouri Highway & Transportation Commission v. Kansas City Cold Storage, Inc. · 161 So. 2d 886 - Department of Public Safety v. Parker

2. ““ ‘When the United States comes into Court to assert a claim it so far takes the position of a private suitor as to agree by implication that justice may be done with regard to the subject matter. The absenqe of legal liability in a case where but for its sovereignty it would be liable does not destroy the justice of the claim against it. When the question concerns what would be paramount claims against a vessel li-belled by the United States were the vessel in other hands, the moral right of the claimant is recognized. i¡í 5¡í i¡í 5}; “The reasons that have prevailed against creating a government liability in tort do not apply to a case like this, and on the other hand the reasons are strong for not obstructing the application of natural justice against the Government by technical formulas when justice can be done without endangering any public interest.””

   1 later decision quote this exact passage
   e.g. 161 So. 2d 886 - Department of Public Safety v. Parker

3. “When the United States comes into court and institutes a suit for redress . . . [it] waives any immunity as sovereign and its adversary is entitled to set up any defense which would be available to him were his opponent another citizen instead of the government.”

   1 later decision quote this exact passage
   e.g. United States of America v. Bankers Insurance Company