State v. Doane’s Empirical Analysis

Citation profile

10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““There is nothing inherently unconstitutional with the Indiana Legislature adopting Federal statutory schemes by incorporating them in sections of State statutes. A state is constitutionally capable of scrutinizing and approving Federal legislation providing that the reference to the provisions being incorporated meets certain standards of clarity. The standard for incorporation by reference in Indiana therefore requires that a statute may adopt a part or all of another statute only by a specific reference to that section sought to be incorporated. Keener v. City of Kendallville (1963), 244 Ind. 87 , 191 N.E. 2d 6 . [Subsection (1)] does not attempt to indicate in any specific manner what sections of Federal law are sought to be incorporated. There are no references to any sections of the United States Code or to any act of Congress or even to which title of the Code might contain the warning requirements. Anyone seeking to find which drugs might require such a warning is left with no path to follow to the applicable section sought to be incorporated. It • is apparent that the attempted incorporation by the State statute of certain sections of Federal law by the language in subsection (1) must fail since it does not meet the requisite standard of specificity as to which sections are sought to be incorporated.” (emphasis supplied) 311 N.E.2d at 805-807 .”

   1 later decision quote this exact passage
   e.g. 161 Ind. App. 568 - White v. State