Iske v. United States’s Empirical Analysis
396 F.2d 28 · 1968
Citation profile
7 federal appellate · 1 district · 2 state decisions
Relationships
Applies 21 U.S.C. § 321 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 331 (Federal Food, Drug, and Cosmetic Act)
Relies on Zemel v. Rusk · American Power & Light Co. v. Securities & Exchange Commission · United States v. Howard · Lincoln Bank & Trust Co. v. Exchange National Bank
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The Attorney General may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any officer, employee, or organizational entity of the Department of Justice.” Section 320.4 of 21 C.F.R., provides: “Procedure for the issuance, amendment, or repeal of regulations defining substances as habit forming or as having a potential for abuse. “(a) Under the provisions of section 201 (v) (2) and (3) of the Act, the Director, under authority delegated to him by the Attorney General (28 CFR 0.200), 2 is authorized to conduct investigations and promulgate regulations for the purpose of: “(1) Designating any drug containing any quantity of any substance as habit forming because of its stimulant effect on the central nervous system; or * * X ””
1 later decision quote this exact passage · from the majority““In the area of drug regulation, delegations have been generally sustained despite broad standards of discretion. 1 Sutherland, Statutory Construction § 317 (3rd ed. 1943). This must necessarily be so, for with new drugs being discovered and introduced at an unprecedented rate, it would be impossible for Congress to determine beforehand those drugs to which it wishes a particular policy to be applied and to formulate specific rules for each situation.””
1 later decision 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.