American Federation of Labor & Congress of Industrial Organizations v. Marshall’s Empirical Analysis
617 F.2d 636 · 1979
Citation profile
39 federal appellate · 3 state decisions
How this case has been cited
Cited by 80 later decisions (2 by the Supreme Court) — most recently October 2014 · most notably American Textile Manufacturers Institute, Inc. v. Donovan (1981), Sierra Club v. Costle (1981)
39 federal appellate · 3 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
Relies on Universal Camera Corp. v. National Labor Relations Board · Citizens to Preserve Overton Park, Inc. v. Volpe · Securities and Exchange Commission v. Chenery Corporation · Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Greater Boston Television Corporation v. Federal Communications Commission, Whdh, Inc., a Massachusettscorporation, Intervenor. Whdh, Inc. v. Federal Communications Commission, Greater Boston Televisioncorporation, a Massachusetts Corporation, Intervenor. Charles River Civic Television, Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcastersinc., Intervenors. Whdh, Inc. v. Federal Communications Commission, Boston Broadcasters, Inc., Intervenor. Greater Boston Tv Co., Inc. v. Federal Communications Commission, Whdh, Inc., Boston Broadcastersinc., Intervenors
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 80 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'uphold the agency's "choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo.”
4 later decisions quote this exact passagee.g. Color Pigments Manufacturers Association, Inc. v. Occupational Safety & Health Administration · Lead Industries Association, Inc. v. Environmental Protection Agency, Bunker Hill Company, Intervenor. St. Joe Minerals Corporation v. Environmental Protection Agency, Bunker Hill Company, Intervenor“(t)he determinations of the Secretary shall be conclusive if supported by substantial evidence in the record considered as a whole.”
3 later decisions quote this exact passagee.g. American Textile Manufacturers Institute, Inc. v. Donovan · 8 O.S.H. Cas.(bna) 2205, 1980 O.S.H.D. (Cch) P 24,937 Texas Independent Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, Texas Cotton Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, Chicanos Unidos-Campesinos, Inc., Defensa, Inc., Motivation, Education and Training, Inc., and Public Citizen Health Research Group v. Occupational Safety and Health Administration, United States Department of Labor, F. Ray Marshall, Secretary of Labor, and Eula Bingham, Assistant Secretary of Labor, Arizona Cotton Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, California Cotton Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, California Association of Grower Gins, Incorporated v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor“little, if any, technological innovation will be necessary for compliance to be reached in the entire industry.”
2 later decisions quote this exact passagee.g. 8 O.S.H. Cas.(bna) 2205, 1980 O.S.H.D. (Cch) P 24,937 Texas Independent Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, Texas Cotton Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, and Occupational Safety and Health Administration, United States Department of Labor, Chicanos Unidos-Campesinos, Inc., Defensa, Inc., Motivation, Education and Training, Inc., and Public Citizen Health Research Group v. Occupational Safety and Health Administration, United States Department of Labor, F. Ray Marshall, Secretary of Labor, and Eula Bingham, Assistant Secretary of Labor, Arizona Cotton Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, California Cotton Ginners Association v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor, California Association of Grower Gins, Incorporated v. F. Ray Marshall, Secretary of Labor, United States Department of Labor, Eula Bingham, Assistant Secretary of Labor, United States Department of Labor, Occupational Safety and Health Administration, United States Department of Labor · Osh Oshd Texas Independent Ginners Association v. F Marshall Texas Cotton Ginners Association
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.