United States v. Polites’s Empirical Analysis

Citation profile

7 federal appellate ·

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

1. ““As the Ninth Circuit has pointed out, an ‘underlying concept of the Selective Service System is that those subject to call for service in the armed forces are to be classified by their neighbors — people who are in a position to know best their backgrounds, their situation and activities.’ See Knox v. United States, 200 F.2d 398 , 402 (9th Cir. 1952). The registrant here was deprived of the opportunity for such local consideration of all relevant materials. As we pointed out hereinabove, the new information submitted to the Local Board might or might not have convinced reasonable men that the registrant should receive a hardship' deferment. Since the Local Board had personally spoken to the registrant and had requested additional information, its decision might well have gone the other way. “This court in United States ex rel. Berman v. Craig, held that a local board’s failure to consider new information ‘was not cured by its action in transmitting Berman’s file to the appeal board for review.’ 207 F.2d 888 , 891 (3rd Cir. 1953). More recently, in United States v. Brown, we held that an appeal board may not base its deci sion on information which was not previously considered by the local board. 436 F.2d 1317 (3rd Cir. 1971). To the same effect is United States v. Zieber, 161 F.2d 90 , 91-93 (3rd Cir. 1947), cert, denied 333 U.S. 827 , 68 S.Ct. 454 , 92 L.Ed. 1112 (1948). See also United States v. Stepler, 258 F.2d 310 (3rd Cir. 1958). The Berman, Zieber and Brown cases cont”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Jackson