Dunham v. Pulsifer’s Empirical Analysis

Citation profile

10 federal appellate · 2 district · 6 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Anyone who has ever played a competitive team sport knows the importance of team discipline. The coach must be able to control within reasonable limits those aspects of a player’s behavior which relate to his performance as a contributing member of the team. Training and health rules must be obeyed by all. Conduct at practice sessions must be in precise conformity with schedules and objectives. During the actual competition, the coach’s instructions must be accepted without question. The coach’s right to regulate the lives of his team members does have limits, however. A coach may not demand obedience to a rule which does not in some way further other proper objectives of participation and performance. It is bootstrap reasoning indeed to say that disobedience of any rule weakens the coach’s authority or shows a lack of desire on the part of the competitor thus justifying obedience to any rule however arbitrary. “If the rule is otherwise reasonable or, if in this case, it advances a compelling governmental interest vested in the school board, then it should be obeyed. But an otherwise arbitrary or unjustified regulatory classification cannot pull itself up by the bootstrap of its own existence. Breen v. Kahl, 419 F.2d 1034, 1038 (7th Cir. 1969).” Dunham v. Pulsifer, supra, 312 F.Supp. at 420 .”

   1 later decision quote this exact passage
   e.g. 391 F. Supp. 876 - Dostert v. Berthold Public School District No. 54

2. “"The `compelling state interest' standard, or the standard of `active review' calls upon the state to show more than a link of reasonableness. The state must demonstrate the pressing importance of the classification in the context of some necessary governmental objective."”

   1 later decision quote this exact passage
   e.g. Sturrup v. Mahan