Levin v. Madigan’s Empirical Analysis
692 F.3d 607 · 2012
Citation profile
11 federal appellate · 1 state decisions
Appellate journey
Relationships
Applies 20 U.S.C. § 1400 (Education for All Handicapped Children Act of 1975) · 20 U.S.C. § 1681 (§ 901 of the Title IX of the Education Amendments of 1972) · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 29 U.S.C. § 621 (§ 2 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 623 (§ 4 of the Age Discrimination in Employment Act of 1967) · 29 U.S.C. § 626 (§ 7 of the Age Discrimination in Employment Act of 1967) · 42 U.S.C. § 1981 (Civil Rights Act of 1866)
Relies on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · Pearson v. Callahan · Preiser v. Rodriguez · Owen v. City of Independence · Middlesex County Sewerage Authority v. National Sea Clammers Assn.
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“operates as a 'means for vindicating federal rights conferred elsewhere.'”
2 later decisions quote this exact passage · from the majority“Congressional intent may be construed from the language of the statute and legislative history, Smith, 468 U.S. at 1009 , 104 S.Ct. 3457 , the statute’s context, Rancho Palos Verdes, 544 U.S. at 127, 125 S.Ct. 1453 (Breyer, J., concurring), the nature and extent of the remedial scheme, [Middlesex County Sewerage Auth. v. Nat’l] Sea Clammers [Ass’n], 453 U.S. [1, 20], 101 S.Ct. 2615 , [ 69 L.Ed.2d 435 (1981),] and a comparison of the rights and protections afforded by the statutory scheme versus a § 1983 claim, Fitzgerald, 555 U.S. at 252-53, 129 S.Ct. 788 . A statutory scheme may preclude a § 1983 constitutional claim, see Smith, 468 U.S. at 1013 , 104 S.Ct. 3457 , especially if a § 1983 claim circumvents the statute’s carefully tailored scheme and provides access to benefits unavailable under that scheme, Fitzgerald, 555 U.S. at 254, 129 S.Ct. 788 .”
1 later decision quote this exact passage · from the concurrence“[ajlthough the ADEA enacts a comprehensive statutory scheme for enforcement of its own statutory rights, akin to Sea Clammers and Rancho Palos Verdes, ... it does not preclude a § 1983 claim for constitutional rights” because of”
1 later decision quote this exact passage · from the concurrence
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.