United States v. State of Minnesota’s Empirical Analysis

Citation profile

185 federal appellate · 45 district · 26 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 408 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “shown in the treaty with such certainty as to put it beyond reasonable question.”

   2 later decisions quote this exact passage · from the majority
   e.g. Oneida Indian Nation v. New York · Seneca Nation of Indians v. New York

2. ““This is an action to recover possession of a tract of land situated partly in the county of Napa, and partly in the county of Solano, consisting of 7,413 acres and a fraction of an acre. It is alleged to be swamp and overflowed land, and that the title to it therefore passed to the state by the Act of congress of September 28, 1850, ‘to enable the state of Arkansas and other states to reclaim the swamp lands within their limits.’ 9 Stat. 519 . “The first section of that act grants to the state of Arkansas ‘the whole of those swamp and overflowed lands, made unfit thereby for cultivation,’ which were unsold at the date of its passage. The fourth .section extends the provisions of the act to, and confers their benefits upon, each of the other states of the Union in which swamp and overflowed lands are situated. “The act is a grant in preesenti, to each state then in the Union, of lands situated within its limits of the quality described. Its language is that they ‘shall be, and the same' are hereby, granted to said state/— words which import an immediate transfer of interest, and not one in the future. * * “On the seventh of April, 1874, the state, through her properly authorized officers, issued a patent of the tract in controversy to one George W. Pearson, describing it as swamp and overflowed land, and giving its metes and bounds. Through him, by various mesne conveyances, the plaintiffs trace their title, each having acquired an undivided one-third' interest in the premise”

   1 later decision quote this exact passage · from the majority
   e.g. O'Donnell v. United States

3. “[I]mmunity from suit is not based on and does not reflect an absence of duty. So the fact that the Indians could not sue the United States for a failure to demand that the State surrender the lands or their value does not show that the United States owes no duty to the Indians in that regard. Neither does the fact that they could not sue the State show that the United States is without right to sue her for their benefit. But it does make for and emphasize the duty, and therefore the right, of the United States to sue.”

   1 later decision quote this exact passage · from the majority
   e.g. United States Santa Ana Indian Pueblo v. University of New Mexico