Hornsby v. Allen’s Empirical Analysis
326 F.2d 605 · 1964
Citation profile
127 federal appellate · 20 district · 32 state decisions
How this case has been cited
Cited by 263 later decisions (3 by the Supreme Court) — most recently October 2012 · most notably Board of Regents of State Colleges v. Roth (1972), Goldberg v. Kelly (1970)
127 federal appellate · 20 district · 32 state decisions — followed in 25 states
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
Applies 28 U.S.C. § 1331 · 28 U.S.C. § 1343 · 28 U.S.C. § 2201 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Baker v. Carr · Monroe v. Pape · Securities and Exchange Commission v. Chenery Corporation · Screws v. United States · Crowell v. Benson
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 263 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A]bsolute and uncontrolled discretion invites abuse,”
4 later decisions quote this exact passage · from the majority““At the outset, we note our disagreement with the district court’s classification of the challenged actions as purely those of a legislative body; we do not conceive the denial of an application for a license to be an act of legislation. Although there is disagreement on the matter, see 73 C.J.S. Public Administrative Bodies and Procedure, § 71, at 398, we prefer the view that licensing proper is an adjudicative process. Thus when a municipal or other governmental body grants a license it is an adjudication that the applicant has satisfactorily complied with the prescribed standards for the award of that license. Similarly the denial of a license is based on an adjudication that the applicant has not satisfied those qualifications and requirements. On the other hand, the prescription of standards which must be met to obtain a license is legislation, since these standards are authoritative guides for future conduct derived from an assessment of the needs of the community. A governmental agency entrusted with the licensing power therefore functions as a legislature when it prescribes these standards, but the same agency acts as a judicial body when it makes a determination that a specific applicant has or has not satisfied them. “Since licensing consists in the determination of factual issues and the application of legal criteria to them — : a judicial act — the fundamental requirements of due process are applicable to it.””
2 later decisions quote this exact passage · from the majority““Since licensing consists in the determination of factual issues and the application of legal criteria to them — a judicial act — the fundamental requirements of due process are applicable to it. Due process in administrative proceedings of a judicial nature has been said generally to be conformity to fair practices of Anglo-Saxon jurisprudence, which is usually equated with adequate notice and a fair hearing. Although strict adherence to the common-law rules of evidence at the hearing is not required, the parties must generally be allowed an opportunity to know the claims of the opposing party, to present evidence to support their contentions, and to cross-examine witnesses for the other side. Thus, it is not proper to admit ex parte evidence, given by witnesses not under oath and not subject to cross-examination by the opposing party.” (Citations omitted.)”
2 later decisions quote this exact passage · from the majority
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.