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← 82 S.D. 552 - In Re Hinesley

In Re Hinesley’s Empirical Analysis

1967

Citation profile

16
cited by 16 later decisions
3
states following
July 1984
most recently cited

16 state decisions

Relationships

Relies on Williamson v. Lee Optical of Oklahoma, Inc. · Nebbia v. People of State of New York · Tigner v. Texas · Semler v. Oregon State Board of Dental Examiners · Olsen v. State of Nebraska Western Reference & Bond Association

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

  1. ““In adopting regulatory measures affecting the sale of motor vehicles ‘the legislature may properly differentiate between dealers in new vehicles and dealers in used vehicles’, 7 Am.Jur.2d, Automobiles and Highway Traffic, § 29, p. 619, also see Ring v. Mayor and Council of Borough of N. Arlington, 136 N.J.L. 494 , 56 A.2d 744 , aff. 1 N.J. 24 , 61 A.2d 508 and 420 Broad Ave. Corp. v. Borough of Palisades Park, 137 N.J.L. 527 , 61 A.2d 23 . In considering whether an Oklahoma law regulating the practice of optometry violated the Equal Protection Clause of the Fourteenth Amendment by subjecting opticians to the regulatory system and exempting sellers of ready-to-wear glasses the U. S. Supreme Court said ‘The problem of legislative classification is a perennial one, admitting of no doctrinaire definition. Evils in the same field may be of different dimensions and proportions, requiring different remedies. Or so the legislature may think. Tigner v. State of Texas, 310 U.S. 141 , 60 S.Ct. 879 , 84 L.Ed. 1124 . Or the reform may take one step at a time, addressing itself to the phase of the problem which seems most acute to the legislative mind. Semler v. State Board of Dental Examiners, 294 U.S. 608 , 55 S.Ct. 570 , 79 L.Ed. 1086 . The legislature may select one phase of one field and apply a remedy there, neglecting the others. A. F. of L. v. American Sash Co., 335 U.S. 538 , 69 S.Ct. 258 , 93 L.Ed. 222 . The prohibition of the Equal Protection Clause goes no further . than the i”
    1 later decision quote this exact passage
  2. “"When considering the constitutionality of any statute there is a presumption of validity and no statute should be held unconstitutional `unless its infringement of constitutional restrictions is so plain and palpable to admit of no reasonable doubt', State v. Black Hills Transportation , 71 S.D. 28 , 20 N.W.2d 683 ." In re Hinesley , 1967, 82 S.D. 552 , 150 N.W.2d 834 .”
    1 later decision quote this exact passage
  3. ““That if the applicant desires to sell, solicit, or advertise the sale of new and unused [sic] motor vehicles, he must have a bona fide contract or franchise in effect with the manufacturer or distributor of the motor vehicle, or motor vehicles, he proposes to deal in.””
    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.