United States v. Dann’s Empirical Analysis
1985
Citation profile
37 federal appellate · 29 district · 3 state decisions
How this case has been cited
Cited by 129 later decisions (3 by the Supreme Court) — most recently January 2019 · most notably State of Arizona v. State of California (2000), Alves v. United States (1998)
37 federal appellate · 29 district · 3 state decisions
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.
Appellate journey
reviewedUnited States v. Dann (from Ninth Circuit Court of Appeals)
Relationships
Relies on United States v. Mitchell · Oneida Indian Nation of New York State v. County of Oneida New York · Stafford v. Oklahoma · The Cherokee Nation v. The State of Georgia · United States v. Sioux Nation of Indians
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 129 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“chief purpose of the [ICCA was] to dispose of the Indian Claims problem with finality.”
6 later decisions quote this exact passage · from the majority“The Danns also claim to possess individual as well as tribal aboriginal rights and that because only the latter were before the Indian Claims Commission, the “final discharge” of § 22(a) does not bar the Danns from raising individual aboriginal title as a defense in this action. Though we have recognized that individual aboriginal rights may exist in certain contexts, 14 this contention has not been addressed by the lower courts and, if open, should first be addressed below. We express no opinion as to its merits.”
3 later decisions quote this exact passage · from the majority“The Commission shall hear and determine the following claims against the United States on behalf of any Indian tribe, band or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska: (1) claims in law or equity arising under the Constitution, laws, treaties of the United States, and Executive orders of the President; (2) all other claim in law or equity, including those sounding in tort, with respect to which the claimant would have been entitled to sue in a court of the United States if the United States was subject to suit; (3) claims which would result if the treaties, contracts, and agreements between the claimant and the United States were revised on the ground of fraud, duress, unconscionable consideration, mutual or unilateral mistake, whether of law or fact, or any other ground cognizable by a court of equity; (4) claims arising from the taking by the United States, whether as the result of a treaty of cession or otherwise, of lands owned or occupied by the claimant without the payment for such lands of compensation agreed to by the claimant; and (5) claims based upon fair and honorable dealings that are not recognized by any existing rule of law or equity.”
2 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.