People v. Burke’s Empirical Analysis

Citation profile

2 federal appellate ·

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

1. “[M]uch has been said and written about the power wielded by political leaders, or socalled “bosses” in the state and in the subdivisions thereof. In the second edition of “The American Commonwealth” by James Bryce ... in discussing American politics and the power of individuals to control party nominations, he says: “There is usually some one person who holds more strings in his hand than do the others. Like them, he has worked himself up to power from small beginnings, gradually extending the range of his influence over the mass of workers and knitting close bonds with influential men, outside as well as inside politics, perhaps with great financiers or railway magnates whom he can oblige and who can furnish him with funds.... He dispenses places, rewards the loyal, punishes the mutinous, concocts schemes, negotiates treaties.... Another useful expedient has been borrowed from European monarchies in the sale of nominations and occasionally of offices themselves. A person who seeks to be nominated as a candidate for one of the more important offices, such as a judgeship or a seat in the state Senate or in Congress, is often required to contribute to the election fund a sum proportioned to the importance of the place he seeks, the excuse given for the practice being the cost of elections; and the same principle is occasionally applied to the gift of nonelective offices, the right of appointing to which is vested in some official member of a ring — e.g., a mayor.””

   1 later decision quote this exact passage
   e.g. United States v. Smith

2. “Any person who ... [mjakes, tenders or offers to procure, or cause any nomination or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an understanding or promise thereof ... [i]s guilty of a felony.”

   1 later decision quote this exact passage
   e.g. United States v. Smith

3. “The bribery statutes are materially different from the Election Law provision charged in this indictment.”). . The court nonetheless granted the defendants' motion to dismiss on the separate ground that”

   1 later decision quote this exact passage
   e.g. United States v. Smith