United States v. Clark’s Empirical Analysis
582 F.3d 607 · 2009
Citation profile
10 federal appellate · 1 district ·
Relationships
Applies 18 U.S.C. § 2421 (White-Slave Traffic Act of 1910 (Mann Act)) · 8 U.S.C. § 1328 (§ 278 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on United States v. Olano · Broadrick v. Oklahoma · United States v. Salerno · Hoffman Estates v. Flipside, Hoffman Estates, Inc. · Connally v. General Construction 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n a facial challenge to the overbreadth and vagueness of a law, a court’s first task is to determine whether the enactment reaches a substantial amount of constitutionally protected conduct. If it does not, then the overbreadth challenge must fail. The court should then examine the facial vagueness challenge and, assuming the enactment implicates no constitutionally protected conduct, should uphold the challenge only if the enactment is impermissibly vague in all of its applications. A plaintiff who engages in some conduct that is clearly proscribed cannot complain of the vagueness of the law as applied to the conduct of others. A court should therefore examine the complainant’s conduct before analyzing other hypothetical applications of the law.”
3 later decisions quote this exact passage · from the majority“Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc. , 455 U.S. 489 , 495, 102 S.Ct. 1186 , 71 L.Ed.2d 362 (1982), including its application to the party bringing the vagueness challenge, United States v. Clark , 582 F.3d 607 , 612-13 (5th Cir. 2009).”
1 later decision quote this exact passage · from the majority“the immoral purpose referred to by the words 'any other immoral purpose,' [in § 1328 ] must be one of the same general class or kind as the particular purpose of 'prostitution' specified in the same class of statute.”
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.