Cherry v. University of Wisconsin System Board of Regents’s Empirical Analysis
265 F.3d 541 · 2001
Citation profile
13 federal appellate · 3 district ·
How this case has been cited
Cited by 28 later decisions — most recently July 2024 · most notably Nelson v. Miller (2009), Pace v. Bogalusa City School Board (2005)
13 federal appellate · 3 district ·
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
Applies 20 U.S.C. § 1681 (§ 901 of the Title IX of the Education Amendments of 1972) · 28 U.S.C. § 1291 · 29 U.S.C. § 206 (Equal Pay Act of 1963) · 29 U.S.C. § 216 · 42 U.S.C. § 2000D
Relies on Coopers & Lybrand v. Livesay · Seminole Tribe of Florida v. Florida · Cannon v. University of Chicago · Atascadero State Hospital v. Scanlon · Pennhurst State School and Hospital v. Halderman
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] claim of immunity to a certain class of damages”
2 later decisions quote this exact passage“There is no indication in Garrett that the Court established a new, bright-line rule that Congress’ attempt to abrogate immunity from a federal statute is invalid if the statute lacks specific findings that the States had engaged in a pattern of unconstitutional conduct of the type prohibited by the statute. Garrett does not refute that the ‘lack of legislative support in the record is no determinative of the § 5 inquiry.’ Kimel, 528 U.S. at 91 , 120 S.Ct. 631 ; see also Florida Prepaid, 527 U.S. at 646, 119 S.Ct. 2199 ; City of Boerne, 521 U.S. at 532 , 117 S.Ct. 2157 . All Garrett does is further demonstrate that the legislative record is an important factor when the statute in question pervasively prohibits constitutional State action.”
1 later decision quote this exact passage · from the concurrence“Given the care with which Congress responded to our decision in Atascadero by crafting an unambiguous waiver of the States' Eleventh Amendment immunity in [ 42 U.S.C. § 2000d-7(a)(1) ], it would be ironic indeed to conclude that the same provision 'unequivocally' establishes a waiver of the Federal Government's sovereign immunity against monetary damages awards....”
1 later decision quote this exact passage · from the concurrence
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.