Hammon v. Barry’s Empirical Analysis
1987
Citation profile
1 federal appellate ·
Relationships
Applies 42 U.S.C. § 2000E (§ 703 of the Title VII of the Civil Rights Act of 1964) · 42 U.S.C. § 2000E (§ 706 of the Title VII of the Civil Rights Act of 1964)
Relies on Miranda v. State of Arizona Vignera · United States v. United States Gypsum Co. · International Brotherhood of Teamsters v. United States · Griggs v. Duke Power Co. · Brown et al. v. Board of Education of Topeka et al.
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Id. p 33, D.A. at 48 (emphasis added). 13 Despite OPM's position, considerable evidence was adduced at the OHR hearings to the effect that the FST was not valid as a rank ordering device (as opposed to pass/fail). Id. p 36, D.A. at 49 (review performed in March 1981 by Personnel Decisions Institute); id. p 37-62, D.A. at 49-54 (study performed by Dr. Richard S. Barrett). Significant among the perceived flaws in the OPM validation effort was its failure to get at the actual job requirements of the firefighter mission, which, it was argued, called for the test formulator”
1 later decision quote this exact passage · from the majoritye.g. Hammon v. Barry“) of discrimination that occurred in the past. See, e.g., Wygant, 106 S.Ct. at 1847; Fullilove, 448 U.S. at 484, 100 S.Ct. at 2777; id. at 496, 100 S.Ct. at 2783 (Powell, J., concurring); Weber, 443 U.S. at 197, 99 S.Ct. at 2724; Bakke, 438 U.S. at 307-308, 98 S.Ct. at 2757. Circuit courts have consistently applied this principle in sustaining plans designed to redress past discrimination's lingering effects. See, e.g., Johnson v. Transportation Agency, Santa Clara County, California, 770 F.2d 752 , 758 (9th Cir.1984) (”
1 later decision quote this exact passage · from the concurrencee.g. Hammon v. Barry“inquiry into a burden on the District to demonstrate that it could find no less intrusive means of meeting its goal. See Maj. Op. at 429-30. It apparently bears repeating that when parties (such as the Byrne plaintiffs and the United States) challenge a voluntary affirmative action plan, the ultimate burden of persuading the court that the plan is not sufficiently narrowly tailored to achieve its remedial purpose remains upon the challengers. See Wygant, 106 S.Ct. at 1856 (O'Connor, J., concurring).”
1 later decision quote this exact passage · from the concurrencee.g. Hammon v. Barry
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.