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← 445 F.3d 1166 - No 04-57037

No 04-57037’s Empirical Analysis

Citation profile

16
cited by 16 later decisions
1
cited 1 times by the Supreme Court
June 2024
most recently cited

3 district ·

How this case has been cited

Cited by 16 later decisions (1 by the Supreme Court) — most recently June 2024

3 district ·

120200020102020decided

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 Daubert v. Merrell Dow Pharmaceuticals, Inc. · Faragher v. City of Boca Raton · Brown et al. v. Board of Education of Topeka et al. · Tinker v. Des Moines Independent Community School District · Lemon v. Kurtzman

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

  1. “The demeaning of young gay and lesbian students in a school environment is det rimental not only to their psychological health and well-being, but also to their educational development. Indeed, studies demonstrate that ‘academic underachievement, truancy, and dropout are prevalent among homosexual youth and are the probable consequences of violence and verbal and physical abuse at school.’ Susanne M. Stronski Huwiler and Gary Remafedi, Adolescent Homosexuality, 33 Rev. Jur. U.I.P.R. 151, 164 (1999); see also Thomas A. Mayes, Confronting Same-Sex, Student-to-Student Sexual Harassment: Recommendations for Educators and Policy Makers, 29 FoRDHam Urb. L.J. 641, 655 (2001) (describing how gay students are at a greater risk of school failure and dropping out, most likely as a result of ‘social pressure and isolation’); Amy Lovell, “Other Students Always Used to Say, ‘Look At The Dykes’ ”: Protecting Students From Peer Sexual Orientation Harassment, 86 Cal. L. Rev. 617 , 625-28 (1998) (summarizing the negative effects on gay students of peer sexual orientation harassment). One study has found that among teenage victims of anti-gay discrimination, 75% experienced a decline in academic performance, 39% had truancy problems and 28% dropped out of school. See Courtney Weiner, Note, Sex Education: Recognizing Anti-Gay Harassment as Sex Discrimination Under Title VII and Title IX, 37 Colum. Hum. Rts. L. Rev. 189 , 255 (2005). Another study confirmed that gay students had difficulty concen”
    2 later decisions quote this exact passage · from the dissent
  2. “[pjublic school students who may be injured by verbal assaults on the basis of a core identifying characteristic such as race, religion, or sexual orientation, have a right to be free from such attacks while on school campuses. As Tinker clearly states, students have the right to ‘be secure and to be let alone.’ Being secure involves not only freedom from physical assaults but from psychological attacks that cause young people to question their self-worth and their rightful lace in society. The ‘right be let alone’ has been recognized by the Supreme Court, of course, as ‘the most comprehensive of rights and the right most valued by civilized men.’”
    2 later decisions quote this exact passage · from the majority
  3. “relating to a core characteristic of particularly vulnerable students”
    2 later decisions quote this exact passage · from the dissent

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.