Lavine v. Milne’s Empirical Analysis
1976
Citation profile
77 federal appellate · 33 district · 79 state decisions
How this case has been cited
Cited by 324 later decisions (5 by the Supreme Court) — most recently August 2021 · most notably Concrete Pipe & Products of Cal., Inc. v. Construction Laborers Pension Trust for Southern Cal. (1993), Schaffer Ex Rel. Schaffer v. Weast (2005)
77 federal appellate · 33 district · 79 state decisions — followed in 18 states
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
Relies on In the Matter of Samuel Winship · Dandridge v. Williams · Mullaney v. Wilbur · Leary v. United States · Turner 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 324 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[o]utside the criminal law area, where special concerns attend, the locus of the burden of persuasion is normally not an issue of federal constitutional moment.”
7 later decisions quote this exact passage · from the majority“[w]here the burden of proof lies on a given issue is, of course, rarely without consequence and frequently may be dispositive”
5 later decisions quote this exact passage · from the majority“(w)elfare benefits are not a fundamental right . . . .”
3 later decisions 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.