United States v. Gilman’s Empirical Analysis
1954
Citation profile
162 federal appellate · 41 district · 24 state decisions
How this case has been cited
Cited by 349 later decisions (30 by the Supreme Court) — most recently April 2019 · most notably Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (1971), Moor v. County of Alameda (1973)
162 federal appellate · 41 district · 24 state decisions — followed in 11 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.
Appellate journey
reviewedGilman v. United States (from Ninth Circuit Court of Appeals)
Relationships
Relies on Dalehite v. United States · United States v. Standard Oil Co. · United States v. Yellow Cab Co. · New Jersey v. New York
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 349 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[t]he relations between the United States and its employees have presented a myriad of problems with which the Congress over the years has dealt, [and because g]overnment employment gives rise to policy questions of great import, both to the employees and to the Executive and Legislative Branches,'”
9 later decisions quote this exact passage · from the majority“[T]he claim now asserted, though the product of a law Congress passed, is a matter on which Congress has not taken a position. It presents questions of policy on which Congress has not spoken. The selection of that policy which is most advantageous to the whole involves a host of considerations that must be weighed and appraised. That function is more appropriately for those who write the laws, rather than for those who interpret them.”
4 later decisions quote this exact passage · from the majority“a complete bar to any action by the claimant, by reason of the same subject matter, against the employee of the government whose act or omission gave rise to the claim,”
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.