Presnell v. Pell’s Empirical Analysis
1979
Citation profile
12 federal appellate · 225 state decisions
How this case has been cited
Cited by 255 later decisions — most recently January 2023 · most notably Dobson v. Harris (2000), Coman v. Thomas Manufacturing Co. (1989)
12 federal appellate · 225 state decisions
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
Relies on Board of Regents of State Colleges v. Roth · Bishop v. Wood · Meyer v. State of Nebraska · Arnett v. Kennedy · McKart v. United States
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 255 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“This is especially true where a statute establishes ... a procedure whereby matters of regulation and control are first addressed by commissions and agencies particularly qualified for the purpose. In such a case, the legislature has expressed an intention to give the administrative entity most concerned with a particular matter the first chance to discover and rectify error. Only after the appropriate agency has developed its own record and factual background upon which its decision must rest should the courts be available to review the sufficiency of its process. An earlier intercession may be both wasteful and unwarranted. “To permit the interruption and cessation of proceedings before a commission by untimely and premature intervention by the courts would completely destroy the efficiency, effectiveness, and purpose of administrative agencies.””
13 later decisions quote this exact passage“* complaint does however sketch a colorable claim that a constitutionally protected "liberty" interest may be at stake. One of the liberty interests encompassed in the Due Process Clause of the Fourteenth Amendment is the right "to engage in any of the common occupations of life," unfettered by unreasonable restrictions imposed by actions of the state or its agencies. Meyer v. Nebraska , 262 U.S. 390 , 399 [ 43 S.Ct. 625 , 67 L.Ed. 1042 ] (1923) ; Truax v. Raich , 239 U.S. 33 [ 36 S.Ct. 7 , 60 L.Ed. 131 ] (1915). The right of a citizen to live and work where he will is offended when a state agency unfairly imposes some stigma or disability that will itself foreclose the freedom to take advantage of employment opportunities. Board of Regents v. Roth , [ 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) ].... ... The liberty interest here implicated-the freedom to seek further employment-was offended not by her dismissal alone, but rather by her dismissal based upon alleged unsupported charges which, left unrefuted, might wrongfully injure her future placement possibilities.”
3 later decisions quote this exact passage“(1) a communication is made in good faith, (2) the subject and scope of the communication is one in which the party uttering it has a valid interest to uphold, or in reference to which he has a legal right or duty, and (3) the communication is made to a person or persons having a corresponding interest, right, or duty.”
3 later decisions quote this exact passage
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.