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← 423 MASS 52 - Moakley v. Eastwick

Moakley v. Eastwick’s Empirical Analysis

1996

Citation profile

10
cited by 10 later decisions
1
states following
August 2011
most recently cited

2 district · 6 state decisions

How this case has been cited

Cited by 10 later decisions — most recently August 2011

2 district · 6 state decisions

70199620002010decided

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 17 U.S.C. § 106A

Relies on Russello v. United States · Fontaine v. Ebtec Corp. · Sena v. Commonwealth · Green v. Wyman-Gordon Co. · Rhode Island v. Narragansett Indian Tribe

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

  1. ““In the absence of an express legislative directive, this court has usually applied ‘[t]he general rule of interpretation . . . that all statutes are prospective in their operation, unless an intention that they shall be retrospective appears by necessary implication from their words, context or objects when considered in the light of the subject matter, the pre-existing state of the law and the effect upon existent rights, remedies and obligations. Doubtless all legislation commonly looks to the future, not to the past, and has no retroactive effect unless such effect manifestly is required by unequivocal terms. It is only statutes regulating practice, procedure and evidence, in short, those relating to remedies and not affecting substantive rights, that commonly are treated as operating retroactively, and as applying to pending actions or causes of action.’ ””
    2 later decisions quote this exact passage
  2. “[T]he physical alteration or destruction of fine art, which is an expression of the artist’s personality, is detrimental to the artist’s reputation, and artists therefore have an interest in protecting their works of fine art against such alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations.”
    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.