Baden v. Koch’s Empirical Analysis
638 F.2d 486 · 1980
Citation profile
25 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 54 later decisions — most recently October 2017 · most notably Carducci v. Regan (1983), McMenemy v. City of Rochester (2001)
25 federal appellate · 5 district · 1 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 Board of Regents of State Colleges v. Roth · Perry v. Sindermann · Quinn v. Syracuse Model Neighborhood Corp. · Gleason v. United States · Fiorentino v. United States
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[M]utual understandings and customs [can] not create a property interest for purposes of due process when they are contrary to the express provisions of regulations and statutes.”
6 later decisions quote this exact passage · from the majority““[property” protected by the Fourteenth Amendment is, like liberty, potentially all-embracing____ Although the long line of cases under Section 1983 attempting to pour content into this concept is confusing at best, there appears to be general agreement that a property interest arises only when an individual possesses “a legitimate claim of entitlement” to continued job tenure____ The requisite origin of this “entitlement” is unsettled, but it apparently must arise from “existing rules or understandings that stem from an independent source such as state law.” ... The Supreme Court has suggested, on occasion, that state law is the sole vehicle for the creation of property rights, ..., but it has, more recently, instructed that “federal constitutional law determines whether [an] interest rises to the level of a ‘legitimate claim of entitlement’ protected by the Due Process Clause.””
1 later decision quote this exact passage · from the majority““It is unfortunately all too common for government manuals, handbooks, and in-house publications to contain statements that were not meant or are not wholly reliable. If they go counter to governing statutes ..., they do not bind the government, and persons relying on them do so at their peril.” 221 Ct.Cl. at 552 , 607 F.2d at 968 . (Emphasis added).”
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.