White v. United States’s Empirical Analysis
399 F.2d 813 · 1968
Citation profile
80 federal appellate · 7 district · 2 state decisions
How this case has been cited
Cited by 97 later decisions — most recently November 2019 · most notably United States v. McMillan (1974), United States v. Rose (1984)
80 federal appellate · 7 district · 2 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 21 U.S.C. § 321 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 331 (Federal Food, Drug, and Cosmetic Act) · 21 U.S.C. § 360A (Federal Food, Drug, and Cosmetic Act)
Relies on Gibbons v. Ogden · Wickard v. Filburn · United States v. Darby · Heart of Atlanta Motel, Inc. v. United States · Katzenbach v. McClung
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 97 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It would seem that one whose area of expertise is the study of the beneficial and harmful effects of drugs within the human body is in an especially advantageous position to testify as to the relationship which should exist between a doctor and patient, or what a doctor should know about his patient before prescribing a particular drug. He, as a student of drugs, can evaluate their potential effect in the human body. His testimony is along a line not generally known to laymen and jurors. Consequently, Dr. Burton is a proper expert and his testimony was within the range of his expertise.””
1 later decision quote this exact passage · from the majoritye.g. State v. Kane“Appellant states that this testimony invades the province of the jury. In the light of Rhynard v. Filori, 315 F.2d 176 (8th Cir. 1963), this position is unsupportable. There the court stated that it adopted the view that expert witness testimony is not vulnerable to an objection that it invades the province of the jury. This position was reiterated in Jones v. Goodlove, 334 F.2d 90 (8th Cir. 1964).”
1 later decision quote this exact passage · from the majority““ ‘A familiar * * * exercise of power is the regulation of intrastate transactions which are so commingled with or related to interstate commerce that all must be regulated if the interstate commerce is to be effectively controlled.’ ” 399 F.2d at 824 .”
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.