Deak-Perera Hawaii, Inc. v. Department of Transportation’s Empirical Analysis
745 F.2d 1281 · 1984
Citation profile
11 federal appellate · 2 district ·
How this case has been cited
Cited by 21 later decisions — most recently March 2017
11 federal appellate · 2 district ·
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
Relies on Pennhurst State School and Hospital v. Halderman · Parker v. Brown · Bates v. State Bar of Arizona · California Retail Liquor Dealers Assn. v. Midcal Aluminum, Inc. · City of Lafayette Louisiana v. Louisiana Power & Light Company
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The Department of Transportation’s] grant of the lease was an action of the State of Hawaii ‘acting as sovereign’ and thus entitled to immunity from the antitrust laws____ ... [T]he rationale of Parker rests on ‘principles of federalism and state sovereignty.’ These principles entitle the executive branch of the State of Hawaii to state action immunity. The Hawaii Constitution creates the executive as a coequal branch of the state government and provides for the establishment of departments [such as] the Department of Transportation____ In granting ... the challenged lease, the Department of Transportation ... was fulfilling its constitutional duty to execute Haw.Rev.Stat. § 261-4, which permits the Department of Transportation to establish and operate airports____ We see no reason why a state executive branch, when operating within its constitutional and statutory authority, should be deemed any less sovereign than a state legislature, or less entitled to deference under principles of federalism.”
2 later decisions quote this exact passage · from the majority“contemplated an exclusive lease [to the currency exchange concession].”
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.