Feldman v. Gardner’s Empirical Analysis
661 F.2d 1295 · 1981
Citation profile
7 federal appellate · 6 district · 3 state decisions
How this case has been cited
Cited by 30 later decisions (2 by the Supreme Court) — most recently January 2011 · most notably District of Columbia Court of Appeals v. Feldman (1983), 552 F. Supp. 131 - United States v. American Telephone & Telegraph Co. (1983)
7 federal appellate · 6 district · 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 Conley v. Gibson · Bell v. Hood · Securities and Exchange Commission v. Chenery Corporation · Reynolds v. Sims · St Paul Mercury Indemnity Co v. Red Cab 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he proceedings before the Court of Appeals can hardly be said to have cast the constitutional and antitrust questions in “such a form that the judicial power [was] capable of acting on [these issues].” Appellants, we repeat, did not challenge the validity of the rule, but, as in Ktsanes [v. Underwood, 552 F.2d 740, 743 (7th Cir.1977) cert. denied, 435 U.S. 933 [, 98 S.Ct. 1508 , 55 L.Ed.2d 530 ] (1978)], “ask[ed] for ministerial action, not judicial determination.” We thus conclude congruently with Ktsanes that “[t]he denial of [their] petition[s] was made by the court acting in an administrative capacity,” for the court was not in position to act in any other way. And we further agree that “that denial did not present a case or controversy cognizable by an Article III court and, thus, was not appealable to the Supreme Court of the United States.””
1 later decision quote this exact passage · from the majoritye.g. Randolph v. Lipscher“In addressing state-action problems in the antitrust field, the Supreme Court has repeatedly emphasized that fundamental considerations of federalism underlie the exemption doctrine. Inherent in our system of government is the concept of dual sovereignty; each state is sovereign, except to the extent that its sovereignty is curtailed by the Constitution or validly restricted by Congress. It is for this reason that “an unexpressed purpose [in the antitrust laws] to nullify a state’s control over its officers and agents is not lightly to be attributed to Congress.””
1 later decision quote this exact passage · from the majority“The adverse decisions in the appellants' cases were reviewable in the Supreme Court of the United States. Although the appellants cast their petitions to the Court of Appeals in terms of requests for waivers, the petitions in essence were demands that the court declare the petitioners qualified to sit for the bar examination. Those demands were denied by en banc orders of the Court of Appeals. The denials were judicial acts and as such were reviewable on writ of certiorari to the Supreme Court. They were not reviewable in the District Court.”
1 later decision quote this exact passage · from the dissent
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.