Drake v. Smith’s Empirical Analysis
1978
Citation profile
1 district · 28 state decisions
How this case has been cited
Cited by 30 later decisions (1 by the Supreme Court) — most recently April 2017 · most notably John Aldens v. Maine (1999), Washington v. Whitaker (1994)
1 district · 28 state decisions
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 42 U.S.C. § 1396A (§ 1902 of the Social Security Act of 1935)
Relies on Edelman v. Jordan · Smith v. State · 72 Wis. 2d 282 - Lister v. Board of Regents of the University of Wisconsin System · 57 Cal. 2d 508 - Souza & McCue Construction Co. v. Superior Court · P, T & L Construction Co. v. Commissioner, Department of Transportation
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“one of the highest attributes inherent in the nature of sovereignty[,]... generally, a specific authority conferred by an enactment of the legislature is requisite if the sovereign is to be taken as having shed the protective mantle of immunity.”
2 later decisions quote this exact passage“In the case at bar we find no occasion to decide whether or not the law of Maine should recognize that a legislative waiver of the sovereign's immunity from suit may be found implicit in a general scheme plainly contemplating that the State will become party to particular kinds of contracts.”
1 later decision quote this exact passagee.g. Prgu v. Com'r, Dafs“in the absence of specific authority conferred by [a legislative enactment], the sovereign's immunity from suit cannot be waived through the imposition of procedural requirements or be deemed forfeited by procedural defaults”
1 later decision quote this exact passage
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.