Oshatz v. United States’s Empirical Analysis
404 F.2d 9 · 1968
Citation profile
45 federal appellate · 5 district ·
Relationships
Applies 28 U.S.C. § 1291 · 50 U.S.C. § 3811
Relies on Idaho Sheet Metal Works, Inc. v. Wirtz · Simmons v. United States · Rosenberg v. United States · United States v. Gearey · Keene v. United States
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 64 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * the classification of a registrant shall not be reopened after the local board has mailed to such registrant an Order to Report for Induction (SSS Form No. 252) * * * unless the local board first specifically finds that there has been a change in the registrant’s status resulting from circumstances over which the registrant had no 'control.””
3 later decisions quote this exact passage · from the majority““A myriad of regulations specify the procedural steps which must be followed by a registrant, the local board, the appeal board, and military personnel in order to accomplish the induction of a young man into the armed forces, or his exclusion therefrom. Because there are so many regulations, which are often complex, and because the individuals who are expected to comply with the regulations are not legal experts, procedural irregularities are frequent. Even the most casual glance at the case law will reveal a staggering array of deviations from the regulations which have been advanced as defenses to prosecutions for refusal to submit to induction.” Oshatz v. United States, 404 F.2d 9, 12 (9th Cir. 1968).”
1 later decision quote this exact passage · from the majority“In this case Oshatz might not stand convicted of a felony had he been given the opportunity to execute the loyalty questionnaire. * * * [T]hat is sufficient prejudice to require reversal.”
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.