Allison v. Boeing Laser Technical Services’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 1 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Supreme Court has recognized at least three exceptions to the rule that only state law in effect at the time of cession applies within the federal enclave: 1) where Congress has, by statute, provided a different rule; 2) where the state explicitly retained the right to legislate over specific matters at the time of cession; and 3) where minor regulatory changes modify laws existing at the time of cession. The first exception recognizes the obvious fact that Congress can legislate on behalf of the enclave and may provide for the application of state laws enacted after the creation of the enclave. See [ U.S. v. ] Sharpnack , 355 U.S. [286,] 294-95, 78 S.Ct. 291 , 2 L.Ed.2d 282 [ (1958) ]. Thus, for example, the first Federal Crimes Act, enacted in 1790, defined a number of federal crimes that applied to federal enclaves, and in 1825 Congress adopted the first Assimilated Crimes Act, which allowed state criminal codes to apply to crimes committed on federal enclaves. Id. at 288, 290, 78 S.Ct. 291 . State criminal codes now apply to crimes committed on military bases, Indian reservations, federal facilities, and public lands unless other federal statutes bar their application. Congress has also allowed the application of state law to a variety of civil claims in federal enclaves, such as wrongful death, 16 U.S.C. § 457 ; workers' compensation, 40 U.S.C. § 3172 ; unemployment compensation, 26 U.S.C. § 3305 (d) ; and fish and game regulation, 10 U.S.C. § 2671 . But no federal s”

   2 later decisions quote this exact passage · from the majority
   e.g. Benavidez v. Sandia National Laboratories · Kennicott v. Sandia Corp.

2. “But in the absence of applicable federal legislation displacing state law, those state laws that existed at the time that the enclave was ceded to the federal government remain in force. "Since a State may not legislate with respect to a federal enclave unless it reserved the right to do so when it gave its consent to the purchase by the United States, only state law existing at the time of the acquisition remains enforceable, not subsequent laws." Paul [ v. U.S. ], 371 U.S. [245,] 268, 83 S.Ct. 426 , 9 L.Ed.2d 292 [ (1953) ]. Thus, the federal government acquires property subject to state law. The Constitution does not command that every vestige of the laws of the former sovereignty must vanish. On the contrary its language has long been interpreted so as to permit the continuance until abrogated of those rules existing at the time of the surrender of sovereignty which govern the rights of the occupants of the territory transferred. This assures that no area however small will be left without a developed legal system for private rights. James Stewart & Co. v. Sadrakula , 309 U.S. 94 , 99-100, 60 S.Ct. 431 , 84 L.Ed. 596 (1940). And even though state law will not remain static outside the enclave, any changes made to the state law applicable within the enclave must be a matter of federal law. Because "future statutes of the state are not a part of the body of laws in the ceded area," "Congressional action is necessary to keep [state law] current." James Stewart , 309 U.S. at ”

   2 later decisions quote this exact passage · from the majority
   e.g. Benavidez v. Sandia National Laboratories · Kennicott v. Sandia Corp.

3. “A federal enclave is created when a state cedes jurisdiction over land within its borders to the federal government and Congress accepts that cession. These enclaves include numerous military bases, federal facilities, and even some national forests and parks.”

   2 later decisions quote this exact passage · from the majority
   e.g. U.S. v. Jones · United States v. Jones