Brockert v. Skornicka’s Empirical Analysis
711 F.2d 1376 · 1983
Citation profile
12 federal appellate · 1 district · 3 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2012 · most notably Association of Cleveland Fire Fighters v. City of Cleveland (2007), Grace v. Uscar (2008)
12 federal appellate · 1 district · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 1291
Relies on Board of Regents of State Colleges v. Roth · Mathews v. Eldridge · Morrissey v. Brewer · Grayned v. City of Rockford · Bishop v. Wood
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Ejconomic regulation is subject to a less strict vagueness test because its subject matter is often more narrow, and because businesses, which face economic demands to plan behavior carefully, can be expected to consult relevant legislation in advance of action. Indeed, the regulated enterprise may have the ability to clarify the meaning of the regulation by its own inquiry, or by resort to an administrative process. The Court has also expressed greater tolerance of enactments with civil rather than criminal penalties because the consequences of imprecision are qualitatively less severe. And the Court has recognized that a scienter requirement may mitigate a law’s vagueness, especially with respect to the adequacy of notice to the complainant that his conduct is prescribed____ Finally, perhaps the most important factor affecting the clarity that the Constitution demands of a law is whether it threatens to inhibit the exercise of constitutionally protected rights. If, for example, the law interferes with the right of free speech or of association, a more stringent vagueness test should apply.”
2 later decisions quote this exact passage · from the majority“[A] standardless ordinance is subject to facial attack under the due process clause through the vagueness doctrine.”
2 later decisions quote this exact passage · from the majority“[although the ultimate question of what medical problem (or other matter) would justify a waiver was left as unclear as before, the due process clause does not demand the impossible of governmental authorities. A waiver provision that attempted to incorporate every situation justifying an exemption would be of enormous proportions, if not impossible to draft. On the other hand, a provision setting forth a few general situations deserving a waiver would deprive the mayor of the flexibility necessary to deal with unforeseen, but meritorious requests. Finally, a waiver provision incorporating a broad standard, such as an exemption “for cause,” would provide little more in the way of guidance or notice than no standard at all.... Under the lesser standard of review applicable to laws of this nature, the city’s initial interpretation of the waiver provisions and the difficulties involved in being more precise justify the lack of notice inherent in the provision.”
1 later decision 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.