Muwekma Ohlone Tribe v. Salazar’s Empirical Analysis
708 F.3d 209 · 2013
Citation profile
8 federal appellate · 22 district ·
Relationships
Applies 25 U.S.C. § 2 · 25 U.S.C. § 452 · 25 U.S.C. § 461 · 25 U.S.C. § 479A · 25 U.S.C. § 651 · 25 U.S.C. § 657 · 28 U.S.C. § 2401 · 5 U.S.C. § 551 (Administrative Procedure Act of 1946)
Relies on Board of Regents of State Colleges v. Roth · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Burlington Truck Lines, Inc. v. United States · Wong Yang Sung v. McGrath · Lyng v. Payne
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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A genuine issue of material fact exists if the evidence, 'viewed in a light most favorable to the nonmoving party,' could support a reasonable jury's verdict for the non-moving party.”
3 later decisions quote this exact passage · from the majority“A petitioner ... is not required to provide conclusive evidence under each of the Part 83 criteria; rather, a 'criterion shall be considered met if the available evidence establishes a reasonable likelihood of the validity of the facts relating to that criterion.' Furthermore, the Department in evaluating a petition, is required to 'take into account historical situations and time periods for which evidence is demonstrably limited or not available.' After evaluating all of the evidence proffered by a petitioner, should the Department conclude that the evidence 'demonstrates that it does not meet one or more criteria,' or if 'there is insufficient evidence that it meets one or more of the criteria,' then the Agency 'may' deny acknowledgment to a petitioner.”
2 later decisions quote this exact passage · from the majority“intended to apply to groups that can establish a substantially continuous tribal existence and which have functioned as autonomous entities throughout history until the present.”
2 later decisions quote this exact passage · from the majority
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.