Craig v. Gardner’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. ““The term ‘child’ means (1) the child or legally adopted child of an individual * * *. For purposes of clause (1), a person shall be deemed, as of the date of death of an individual, to be the legally adopted child of such individual if such person was at the time of such individual’s death living in such individual’s household and was legally adopted by such individual’s surviving spouse after such individual’s death but only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual’s surviving spouse before the end of two years after (i) the day on which such individual died * *”

   2 later decisions quote this exact passage · from the majority
   e.g. 318 F. Supp. 1378 - Miles ex rel. Miles v. Finch · Craig v. Finch

2. “(d) (1) Every child (as defined in section 416(e) of this title) of an individual entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual, if such child— H; sj; * # ❖ (C) was dependent upon such individual — ■ (i) if such individual is living, at the time such application was filed, (ii) if such individual has died, at the time of such death, or (iii) if such individual had a period of disability which continued until he became entitled to old-age disability insurance benefits, or (if he has died) until the month of his death, at the beginning of such period of disability or at the time he became entitled to such benefits, shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August, 1950, in which such child becomes so entitled to such insurance benefits * * *. Hs Hs Hj H< sfc (3) A child shall be deemed dependent upon his father or adopting father or his mother or adopting mother at the time specified in paragraph (1) (C) of this subsection unless, at such time, such individual was not living with or contributing to the support of such child and— (A) such child is neither the legitimate nor adopted child of such individual, or (B) such child has been adopted by some other individual. Hs ‡ Hs * ^ (9) If an individual entitled to old-age insurance benefits (but not an individual included under paragraph (8) of this subsection) adopts a child after such individ”

   1 later decision quote this exact passage · from the majority
   e.g. Craig v. Finch

3. “In determining whether an applicant is the child or parent of a[n] * * * individual * * *, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual is domiciled at the time such applicant files application * * *. Applicants who according to such law would have the same status relative to taking intestate personal property as a child or parent shall be deemed such.”

   1 later decision quote this exact passage · from the majority
   e.g. Craig v. Finch