Garrity v. Gallen’s Empirical Analysis
1981
Citation profile
28 federal appellate · 12 district · 6 state decisions
How this case has been cited
Cited by 79 later decisions — most recently June 2008 · most notably Roncker ex rel. Roncker v. Walter (1983), Society for Good Will to Retarded Children, Inc. v. Cuomo (1984)
28 federal appellate · 12 district · 6 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 20 U.S.C. § 1401 · 20 U.S.C. § 1412 · 20 U.S.C. § 1413 · 20 U.S.C. § 1415 · 20 U.S.C. § 1681 (§ 901 of the Title IX of the Education Amendments of 1972) · 29 U.S.C. § 794 · 29 U.S.C. § 794A · 42 U.S.C. § 1396C (§ 1904 of the Social Security Act of 1935)
Relies on United Mine Workers of America v. Gibbs · Ex Parte: Edward T Young · Edelman v. Jordan · Cort v. Ash · Dandridge v. Williams
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Problems involved in trying to transfer principles and legal analysis developed in race and sex discrimination cases wholesale to disability discrimination were interwoven with other difficulties and shortcomings of disability nondiscrimination statutes prior to the ADA. Experience with the application of such prior statutes, including section 504 of the Rehabilitation Act of 1973, uncovered or highlighted weaknesses of such laws arising from their statutory language, the limited extent of their coverage, inadequate enforcement mechanisms, and erratic judicial interpretations. Legal commentators have extensively described and lamented the flaws in the working, interpretation, and implementation of federal disability nondiscrimination statutes prior to the ADA.”
5 later decisions quote this exact passage · from the dissent“[T]he Title VII and Title IX models were not automatically adaptable to the problem of discrimination against the handicapped, but involved a very different undertaking. Indeed, attempting to fit the problem of discrimination against the handicapped into the model remedy for race discrimination is akin to fitting a square peg into a round hole....”
5 later decisions quote this exact passage · from the dissent“Upon review of the evidence here presented, this court reaffirms its earlier decision (February 22, 1980, at pp. 9-11) that plaintiffs were not required to exhaust their administrative procedures under the EAHCA. The reasons for this ruling, are, first, that administrative procedures which existed in the State of New Hampshire were and are defective and, second, and more fundamentally, many of the members of the subclass had no access to same, in that they have lacked available parents and/or guardians, and the State has failed to provide them with either such guardians or a surrogate parent. Accordingly, exhaustion of administrative remedies is found by this court to be futile, and the Court follows the well-reasoned decisions of a number of lower courts that in such circumstances exhaustion of administrative remedies is not required.”
1 later decision 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.