United States v. American Society of Composers, Authors & Publishers’s Empirical Analysis
331 F.2d 117 · 1964
Citation profile
29 federal appellate · 1 district ·
How this case has been cited
Cited by 51 later decisions (1 by the Supreme Court) — most recently June 2020 · most notably Broadcast Music, Inc. v. Columbia Broadcasting System, Inc. (1979), Buonocore v. Harris (1995)
29 federal appellate · 1 district ·
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 De Beers Consol Mines v. United States · Sam Fox Publishing Company v. United States · United States v. United States · United States v. California Coöperative Canneries · Hughes 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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In cases where the United States or an officer or agency thereof is a party, allowance of sixty days to the government, its officers and agents is well justified. For example, in a tax case the Bureau of Internal Revenue must first consider and decide whether it thinks an appeal should be taken. This recommendation goes to the Assistant Attorney General in charge of the Tax Division in the Department of Justice, who must examine the case and make a recommendation. The file then goes to the Solicitor General, who must take the time to go through the papers and reach a conclusion. If these departments are rushed, the result will be that an appeal is taken merely to preserve the right, or without adequate consideration, and once taken it is likely to go forward, as it is easier to refrain from an appeal than to dismiss it. Since it would be unjust to allow the United States, its officers or agencies extra time and yet deny it to the other parties in the case, the rule gives all parties in the ease 60 days.” 28 U.S.C.A. Rule 73(a) P. 434.”
4 later decisions quote this exact passage · from the majority“It is in the last degree undesirable to read into a procedural statute or rule, fixing the time within which action may be taken, a hidden exception or qualification that will result in the rights of clients being sacrificed when capable counsel have reasonably relied on the language.... The stated criterion is whether the United States is a party to the action, a test clearly satisfied here, and not whether the United States is concerned with the particular order sought to be appealed-something that often cannot be accurately determined when the order is made.”
2 later decisions quote this exact passage · from the majority“[t]he stated criterion is whether the United States is a party to the action ... and not whether the United States is concerned with the particular order sought to be appealed”
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.