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← 81 F. Supp. 2d 176 - In Re Bernstein

81 F. Supp. 2d 176 - In Re Bernstein’s Empirical Analysis

1999

Citation profile

7
cited by 7 later decisions
July 2011
most recently cited

4 district ·

Relationships

Applies 28 U.S.C. § 1333

Relies on Agostini v. Felton Chancellor Board of Education of the City of New York · Jones v. Alfred H. Mayer Co. · Kaiser Aetna v. United States · Jerome Grubart Inc v. Great Lakes Dredge & Dock Company City of Chicago · Sisson v. Ruby

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “the doctrine of stare decisis ought not be ... lightly discarded. Where the Supreme Court has spoken to an issue, it is the duty of the lower federal courts to follow that analysis without regard to arguably changed conditions. Indeed, the First Circuit has ... acknowledged the duty of the lower federal courts to follow the Supreme Court’s “directly applicable precedent, even if that prece dent appears weakened by pronouncements in its subsequent decisions, and to .leave to the [Supreme] Court the prerogative of overruling its own decisions.””
    1 later decision quote this exact passage
  2. “it ha[d] no choice but to heed the rule of stare decisis and follow Richardson.”
    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.