Joseph Josephine v. Lawrence B Ingram’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. “Title TV was amended in 1997 to include the Adoption and Safe Families Act. The ASFA conditioned the receipt of certain federal funds on a state’s adherence to a comprehensive set of statutory and regulatory standards imposing federally-defined objectives and administrative procedures for states’ child welfare services, see 42 U.S.C. §§ 671 et seq.; 45 C.F.R. §§ 1355.21 (b) & 1355.30, the contents of individual ease plans for children participating in the programs, see 42 U.S.C. §§ 671 (a)(16) & 675(1), and appeals of award decisions, see 45 C.F.R. § 1355.30 ; 45 C.F.R. Part 16. The regulations issued to implement the ASFA require that states conduct periodic self-evaluations of their compliance with these requirements, see id. § 1355.32, and to submit to federal administrative oversight by the Department of Health and Human Services (“HHS”), see generally id. §§ 1355.32-1355.34. States whose child welfare services are found not to be in substantial conformity with the federal requirements are required to develop a program improvement plan identifying action steps required to bring the service into conformity and benchmarks against which progress is to be measured. See id. § 1355.35. Should HHS disagree with the contents of a mandatory program improvement plan and be unable to reach a consensus with the state involved, HHS retains the authority to dictate the terms of the improvement plan. See id. § 1355.35(2). States that fail to come into substantial compliance with the ASF”

   1 later decision quote this exact passage · from the concurrence
   e.g. 180 F. Supp. 2d 1321 - Bonnie L. Ex Rel. Hadsock v. Bush

2. “[T]he question is not whether a remedy should be created, but instead is whether the Eleventh Amendment bar should be lifted, as it was in Ex parte Young, in order to allow a suit against a state officer. Nevertheless, we think that the same general principle applies: Therefore, where Congress has prescribed a detailed remedial scheme for the enforcement against a State of a statutorily created right, a court should hesitate before casting aside those limitations and permitting an action against a state officer based upon Ex parte Young.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 180 F. Supp. 2d 1321 - Bonnie L. Ex Rel. Hadsock v. Bush