Hall v. Marshall’s Empirical Analysis
1979
Citation profile
2 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 13 later decisions — most recently July 2003
2 federal appellate · 1 district · 1 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.
Relationships
Applies 28 U.S.C. § 1337 · 29 U.S.C. § 201 (American Samoa Labor Standards Amendments of 1956) · 29 U.S.C. § 401 (Labor-Management Reporting and Disclosure Act of 1959) · 29 U.S.C. § 481 · 29 U.S.C. § 482 · 5 U.S.C. § 301 · 5 U.S.C. § 702 · 5 U.S.C. § 706
Relies on Trbovich v. United Mine Workers · Dunlop v. Bachowski · Calhoon v. Harvey · Wirtz v. Local 153 Glass Bottle Blowers Association · Fleming v. Mohawk Wrecking & Lumber Co.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The LMRDA [Labor, Management, Reporting and Disclosure Act] is silent on the issue of subdelegation. While the legality of a subdelegation of an agency’s power is primarily a function of legislative intent, the omission of any specific grant of power to delegate should not be construed as a denial of that power. Fleming v. Mohawk Wrecking & Lumber Co., 331 U.S. 111 , 67 S.Ct. 1129 , 91 L.Ed. 1375 (1947); Tabor v. Joint Board for Enrollment of Actuaries, 566 F.2d 705, 708 (D.C.Cir.1977); EEOC v. Raymond Metal Products Co., 385 F.Supp. 907, 921 (D.Md.1974). The Secretary of Labor, as the head of an executive department, has a “general power of delegation” under 5 U.S.C. § 301 , Wirtz v. Atlantic States Construction Co., 357 F.2d 442 (5th Cir.1966). Moreover, as the Court pointed out in Atlantic States Construction, supra: Unless ... the statutory agent is hemmed in, the “administrative flexibility necessary for prompt and expeditious action on a multitude of fronts,” Fleming v. Mohawk Wrecking & Lumber Co., 331 U.S. [111] at 122, [ 67 S.Ct. 1129 at 1135 ,] points in the direction of more, not less, delegation. To argue for nondelegability in those situations in which Congress has not spoken explicitly and thereby insist upon personal performance by the Executive or the Chief Statutory Adminis trative Office envisages many unsatisfactory results. (Emphasis added.)”
1 later decision quote this exact passage · from the majority“The head of an Executive department or military department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding information from the public or limiting the availability of records to the public.”
1 later decision quote this exact passage · from the majority“if [the Secretary] finds probable cause to believe that Title IV has been violated and that the violation probably affected the outcome of the election, he may file suit against the union....”
1 later decision quote this exact passage · from the majoritye.g. Ellis v. Chao
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.