Howell v. Boyle’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 2 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in analyzing a claim under the remedy clause, the first question is whether the plaintiff has alleged an injury to one of the absolute rights that Article I, section 10 protects. Stated differently, when the drafters wrote the Oregon Constitution in. 1857, did the common law of Oregon recognize a cause of action for the alleged injury? If the answer to that question is yes, and if the legislature has abolished the common-law cause of action for injury to rights that are protected by the remedy clause, then the second question is whether it has provided a constitutionally adequate substitute remedy for the common-law cause of action for that injury.”

   1 later decision quote this exact passage · from the concurrence
   e.g. Johnson v. Gibson

2. “[a]lthough that remedy is not precisely of the same extent as that to which plaintiff was entitled before the enactment [of the cap], that remedy is substantial.”

   1 later decision quote this exact passage
   e.g. Dikes v. United States