Faver v. Bayh’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) whether a valid, rational connection exists between the regulation and a legitimate government interest behind the rule; (2) whether there are alternative means of exercising the right in question that remain available to prisoners; (3) the impact accommodation of the asserted constitutional right would have on guards and other inmates and the allocation of prison resources; and (4) although the regulation need not satisfy the least restrictive alternative test, the existence of obvious, easy alternatives may be evidence that the regulation is not reasonable.”

   1 later decision quote this exact passage
   e.g. Cohn v. Strawhorn

2. “While we agree with the trial court's determination that Indiana Code § 11-10-5-1 does not impose an obligation on the [DOC] to provide each [educational] program to each offender, or a right on the part of an offender to gain access to each program, we hold that the statute mandates that the [DOC] provide access to some form of education program to all `confined offenders.'”

   1 later decision quote this exact passage
   e.g. Cohn v. Strawhorn

3. “awful incarceration brings about the necessary withdrawal or limitation of many privileges and rights, a retraction justified by the considerations underlying our penal system.”

   1 later decision quote this exact passage
   e.g. Smith v. Carrasco