Velez v. Sanchez’s Empirical Analysis

Citation profile

9 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An early marker of this development was the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (“Supplementary Convention”), which denounced forms of coerced servitude mirroring slavery, including any “practice whereby a child or young person under the age of 18 years[ ] is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or young person or of his labour.” Supplementary Convention art. 1(d), Sept. 7,1956, 226 U.N.T.S,. 3 (committed to by 123 countries, including the United States). Following the extensive use of forced labor during World War II, the London Charter, which authorized the punishment of war criminals and crystallized preexisting customary international law concerning fundamental • human rights, provided for individual liability for the crimes of deportation for slave labor and enslavement of the civilian population. Charter of the International Military Tribunal—Annex to' the Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis art. 6, Aug. 8, 1945, 59 Stat. 1544 , 82 U.N.T.S. 279.”

   1 later decision quote this exact passage · from the dissent
   e.g. Aragon v. Che Ku

2. “When determining whether the presumption against retroactivity bars the application of a statute in a given case, courts perform a three-step analysis. First, a court must “determine whether [the legislature] has expressly prescribed the statute’s proper reach.” If so, “there is no need to resort to judicial default rules,” and hence, the presumption against retroactivity does not apply. If, however, the legislature has not prescribed the statute’s reach, a court must move to step two and “determine whether the new statute would have a retroactive effect” if applied to the case at hand. If not, the presumption against retroactivity again has no application, but if it does, the presumption is triggered, and the court must then inquire under the third step whether the presumption is overcome with “clear congressional intent” in favor of retroactivity.”

   1 later decision quote this exact passage · from the dissent
   e.g. 993 F. Supp. 2d 497 - Elat v. Ngoubene

3. “The definition ‘suffer or permit to work’ was obviously not intended to stamp all persons as employees who, without any express or implied compensation agreement, might work for their own advantage on the premises of another. Otherwise, all students would be employees of the school or college they attended, and as such entitled to receive minimum wages.... Had these trainees taken courses in railroading in a public or private vocational school, wholly disassociated from the railroad, it could not reasonably be suggested that they were employees of the school within the meaning of the Act. Nor could they, in that situation, have been considered as employees of the railroad merely because the school’s graduates would constitute a labor pool from which the railroad could later draw its employees.”

   1 later decision quote this exact passage · from the majority
   e.g. Winfield v. Babylon Beauty School of Smithtown Inc.