Gebardi v. United States’s Empirical Analysis

Citation profile

318 federal appellate · 33 district · 113 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 594 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]e perceive in the failure of the Mann Act to condemn the woman’s participation in those transportations which are effected with her mere consent, evidence of an affirmative legislative policy to leave her acquiescence unpunished. We think it a necessary implication of that policy that when the Mann Act and the conspiracy statute came to be construed together, as they necessarily would be, the same participation which the former contemplates as an inseparable incident of all cases in which the woman is a voluntary agent at all, but does not punish, was not automatically to be made punishable under the latter.”

   14 later decisions quote this exact passage · from the majority
   e.g. United States v. Harris · United States v. Shear

2. ““ * * * where it is impossible under any circumstances to commit the substantive offense without co-operative action, the preliminary agreement between the same parties to commit the offense is not an indictable conspiracy either at common law * * * or under the federal statute.””

   5 later decisions quote this exact passage · from the majority
   e.g. Johl v. United States · May v. United States

3. “Id. at 1276 ; see also Gebardi, 287 U.S. at 119 , 53 S.Ct. at 36 (“In applying this criminal statute we cannot infer that the mere acquiescence of the woman transported was intended to be condemned by the general language punishing those who aid and assist the transporter_”

   5 later decisions quote this exact passage · from the majority
   e.g. United States v. Harris · United States v. Hoskins