Rodriguez v. Yanez’s Empirical Analysis
817 F.3d 466 · 2016
Citation profile
3 federal appellate · 2 district ·
Relationships
Applies 22 U.S.C. § 9001
Relies on Sumitomo Shoji America, Inc. v. Avagliano · Medellin v. Texas · El Al Israel Airlines, Ltd. v. Tsui Yuan Tseng · Abbott v. Abbott · Friedrich v. Friedrich
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he Convention also provides that the child’s views concerning the essential question of its return or retention may be conclusive, provided it has, according to the competent authorities, attained an age and degree of maturity sufficient for its views to be taken into account. In this way, the Convention gives children the possibility of interpreting their own interests. Of course, this provision could prove dangerous if it were applied by means of the direct questioning of young people who may admittedly have a clear grasp of the situation but who may also suffer serious psychological harm if they think they are being forced to choose between two parents. However, such a provision is absolutely necessary given the fact that the Convention applies, ra-tione personae, to all children under the age of sixteen; the fact must be acknowledged that it would be very difficult to accept that a child of, for example, fifteen years of age, should be returned against its will.”
2 later decisions quote this exact passage · from the majority“... if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.”
1 later decision quote this exact passage · from the majority“Whether the child has reached an appropriate age and degree of maturity is a factual determination and thus subject to clear error review.”
1 later decision quote this exact passage · from the majoritye.g. Kovacic v. Harris
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.