Smith v. Troyan’s Empirical Analysis

Citation profile

19 federal appellate · 4 district · 3 state decisions

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

1. “That an occupational function consumes a de minimis proportion of one's workday ... does not necessarily diminish the need for selecting one who can best perform that function. A lifeguard may well spend all but fifteen minutes of an entire summer observing swimmers and keeping the beach free of litter, but in those fifteen minutes swimming ability to rescue a drowning swimmer becomes vitally crucial.”

   3 later decisions quote this exact passage · from the concurrence
   e.g. Wallace v. City of New Orleans · Hull v. Cason

2. “That blacks fare less well than whites on the AGCT, a “subtest” in the process of hiring East Cleveland police officers, is insufficient in itself to require defendants to justify the AGCT as being job-related. Carried to its logical extreme, such a criterion would require the elimination of individual questions marked by poorer performance by a racial group, on the ground that such a question was a “subtest” of the “subtest.” Id. at 498 .”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Friend v. Leidinger · League of United Latin American Citizens v. City of Santa Ana

3. “Though general ability, or intelligence, tests have often been invalidated for their racially disproportionate impacts ... (cites omitted) ..., the disproportionate impacts have been in the hiring, rather than in the test results in and of themselves.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Stewart v. Hannon · Brunet v. City of Columbus