Dower v. Boslow’s Empirical Analysis

Citation profile

3 federal appellate · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are unable to conclude that a person is afforded less protection by a judicial procedure which requires proof by a preponderance of the evidence, but which also grants the important right of jury trial, than he is given by an administrative procedure before a single hearing officer, even though the state is required there to prove the issue by clear and convincing evidence. We are inclined to think it may be greater. New lawyers, we think, would give up trial by jury in favor of a higher burden of proof before an administrative officer. The right to a jury may well more than counterbalance a difference in standard of proof. Indeed, in a similar context the Supreme Court held that failure to provide ‘judicial review before a jury’ to persons committed at the expiration of his criminal sentence, where that right was afforded to those involuntarily committed outside the criminal context, denied equal protection.” (footnote omitted). Dower v. Boslow, 539 F. 2d at 972 .”

   1 later decision quote this exact passage · from the majority
   e.g. 34 Md. App. 173 - Daniels v. Superintendent, Clifton T. Perkins State Hospital