Finley v. Astrue’s Empirical Analysis

Citation profile

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

1. “It is clear from the statute that in order to inherit through intestate succession as a posthumous descendant, the child must have been conceived before the decedent’s death. However, the statutory scheme fails to define the term “conceived.” While we could define that term, we find there is no need to do so, as we can definitively say that the General Assembly, in enacting Act 303 of 1969, § 12, now codified at Ark.Code Ann. § 28-9-210, did not intend for the statute to permit a child, created through in vitro fertilization and implanted after the father’s death, to inherit under intestate succession. Not only does the instant statute fail to specifically address such a scenario, but it was enacted in 1969, which was well before the technology of in vitro fertilization was developed. See Janet L. Dol-gin, Surrounding Embryos: Biology, Ideology, & Politics, 16 Health MatRIX: J.L. & Med. 27 (2006) (observing that the first birth resulting from in vitro fertilization was in 1978). See also Dena S. Davis, The Puzzle of IVF, 6 Hous. J. Health L. & Pol’y 275 (2006) (observing that the first successful birth of a child from a cryopreserved embryo was in 1984).”

   2 later decisions quote this exact passage · from the majority
   e.g. Seaman v. Colvin · Finley v. Astrue

2. “Does a child, who was created as an embryo through IVF during his parents’ marriage, but implanted into his mother’s womb after the death of his father, inherit from the father under Arkansas intestacy law as a surviving child?”

   2 later decisions quote this exact passage · from the majority
   e.g. Finley v. Astrue · 103 Ark. App. 292 - Finley v. Farm Cat, Inc.

3. “The Act establishes the following procedure to determine whether an individual qualifies as a “child.” “Child” is defined [in § 416(e) ], inter alia, as “the child or legally adopted child of an individual.” To determine whether an applicant meets the Act’s definition of “child,” the SSA must: “apply such law as would be applied in determining the devolution of intestate personal property....””

   1 later decision quote this exact passage · from the majority
   e.g. Schafer v. Astrue