Doe II’s Empirical Analysis

Citation profile

4 district ·

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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “cannot be ascertained by referring ... to one out-of-circuit decision which happens to favor federal common law and ignoring other decisions which have favored other law, including international law. Third, regarding”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Vietnam Ass'n for Victims of Agent Orange/Dioxin v. Dow Chemical Co. · 373 F. Supp. 2d 7 - In Re Agent Orange Product Liability Litigation

2. “(1) “the greater the degree of codification or consensus concerning a particular area of international law, the more appropriate it is for the judiciary to render decisions regarding it”; (2) “the less important the implications of an issue are for our foreign relations, the weaker the justification for exclusivity in the political branches”; and (3) whether “the government which perpetrated the challenged act of state is no longer in existence.””

   1 later decision quote this exact passage · from the concurrence
   e.g. 381 F. Supp. 2d 1164 - Mujica v. Occidental Petroleum Corp.

3. “). [91] See id. at 257 (noting that the evidentiary weight of a treaty increases as more countries ratify it and those countries implement and abide by its principles). See also Restatement (Third) of the Foreign Relations Law of the United States § 102(3) (noting that international agreements create customary international law only when”

   1 later decision quote this exact passage · from the concurrence
   e.g. 617 F. Supp. 2d 228 - In Re South African Apartheid Litigation