State v. Kemp’s Empirical Analysis
1950
Citation profile
4 district · 3 state decisions
How this case has been cited
Cited by 11 later decisions (2 by the Supreme Court) — most recently October 2000
4 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 16 U.S.C. § 708
Relies on Toomer v. Witsell · Torao Takahashi v. Fish and Game Commission · Missouri v. Holland · Geer v. State of Connecticut · Joseph Patsone v. Commonwealth of Pennsylvania
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The [opinion] has been written on the assumption that hunting migratory waterfowl for sport is a privilege or immunity falling within the constitutional provision. However, this may well be doubted. To our knowledge it has never been so held. In the recent cases of Toomer v. Witsell, supra, and Takahashi v. Fish & Game Comm., supra, the court placed special emphasis throughout the opinions upon the fact that commercial fishing was involved, and the result was to deny the excluded class the right to make a living by fishing. The right to make a living is a right inherent in the individual, and as such no doubt protected by the constitutional provision. Hunting for sport with no commercial aspect attached seems to us to fall in an entirely different category. Involved only as a question of individual enjoyment, no property right is in issue nor is anyone denied the means of making a livelihood in competition with local citizens.”
1 later decision quote this exact passage
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.