Irving v. Clark’s Empirical Analysis
758 F.2d 1260 · 1985
Citation profile
9 federal appellate · 5 district ·
How this case has been cited
Cited by 24 later decisions (1 by the Supreme Court) — most recently February 2016
9 federal appellate · 5 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.
Appellate journey
Relationships
Applies 25 U.S.C. § 2205 · 25 U.S.C. § 2206 · 25 U.S.C. § 272 · 25 U.S.C. § 373 · 25 U.S.C. § 373A
Relies on Warth v. Seldin · Singleton v. Wulff · Crowell v. Benson · Griffin v. Oceanic Contractors, Inc. · Secretary of State of Maryland v. Joseph H Munson Company Inc
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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a)Descent or distribution No undivided interest held by a member or nonmember Indian in any tract of trust land or restricted land within a tribe’s reservation or outside of a reservation and subject to such tribe’s jurisdiction shall descend by intestacy or devise but shall escheat to the reservation’s recognized tribal government, or if outside of a reservation, to the recognized tribal government possessing jurisdiction over the land if such interest represents 2 per centum or less of the total acreage in such tract and is incapable of earning $100 in any one of the five years from the date of decedent's death. Where the fractional interest has earned to its owner less than $100 in any one of the five years before the decedent’s death, there shall be a rebutta-ble presumption that such interest is incapable of earning $100 in any one of the five years following the death of the decedent. (b) Escheatable fractional interest Nothing in this section shall prohibit the devise of such an escheatable fractional interest to any other owner of an undivided fractional interest in such parcel or tract of trust or restricted land. (c) Adoption of Indian tribal code Notwithstanding the provisions of subsection (a) of this section, any Indian tribe may, subject to the approval of the Secretary, adopt its own code of laws to govern the disposition of interests that are escheatable under this section, and such codes or laws shall take precedence over the escheat provisions of subsection”
2 later decisions quote this exact passage · from the majoritye.g. Youpee v. Babbitt · Hodel v. Irving“The Supreme Court has suggested two factors to be considered in determining when the third-party rule should be suspended: the relationship of the litigant to the person whose right he seeks to assert, and the ability of the third party to assert his own right.”
1 later decision quote this exact passage · from the majority“Highly malleable rules of statutory construction must have some limit, and the Supreme Court has also stated that '[(legislation dealing with Indian affairs”
1 later decision quote this exact passage · from the majoritye.g. Bordeaux v. Hunt
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.