Pendergrass v. State’s Empirical Analysis
1985
Citation profile
6
cited by 6 later decisions
2
states following
February 1999
most recently cited
6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The text of Miller suggests that a state agency's failure to adopt or consider a particular rule is immune per se, if the agency is the legislature's direct delegate and if the statute that authorizes it to adopt rules says that it `may' do so rather than that it `shall.' However, the quoted footnote in Miller says that it is clear that rulemaking is not always a discretionary exercise and that rulemaking is not discretionary when the rules entail only `detailed specifications of a prescribed policy that an agency is mandated to issue without independent policy judgment.'"”
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.