Monroe v. Horwitch’s Empirical Analysis
1993
Citation profile
1 district · 4 state decisions
How this case has been cited
Cited by 11 later decisions — most recently March 2018
1 district · 4 state decisions
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.
Relationships
Applies 28 U.S.C. § 2201 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Conley v. Gibson · Haines v. Kerner · Edelman v. Jordan · Pennhurst State School and Hospital v. Halderman · O'Shea v. Littleton
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Preparation of legal documents is “commonly understood to be the practice of law.” Grievance Committee v. Dacey, 222 A.2d at 349. What constitutes “preparation” of “legal documents” is construed broadly. “Preparation of instruments, even with preprinted forms, involves more than a mere scrivener’s duties” and, therefore, constitutes the practice of law. State v. Buyers Service, Co., 292 S.C. 426 , 357 S.E.2d 15, 17 (1987). See also Pulse v. North Am. Land Title Co., 218 Mont. 275 , 707 P.2d 1105, 1109 (1985) (“drafting or filling in of blanks in printed forms of instruments dealing with land” constitutes the practice of law); Kennedy v. Bar Ass’n, 316 Md. 646 , 561 A.2d 200, 208 (1989) (preparation of legal documents in patent case constitutes the practice of law). Legal documents purport to allocate legal obligation. The preparation of documents in simple divorce actions unequivocally constitutes the practice of law. See, United States v. Hardy, 681 F.Supp. 1326, 1328-29 (N.D.Ill.1988) (“Common sense dictates that the drafting of even a simple complaint or an uncomplicated petition for dissolution of marriage requires at least some degree of legal knowledge or skill”);”
2 later decisions quote this exact passage · from the majority“No fundamental interest is at stake. "The Constitution does not create fundamental interests in particular types of employment." Edelstein v. Wilentz, 812 F.2d 128, 132 (3rd Cir.1987), citing Massachusetts Bd. of Retirement v. Murgia, 427 U.S. 307, 313 , 96 S.Ct. 2562, 2567 , 49 L.Ed.2d 520 (1976). Nor is the class of individuals regulated inherently suspect. A suspect class is one "saddled with such disabilities, or subjected to such a history of purposeful unequal treatment, or relegated to such a position of political powerlessness as to command extraordinary protection from the majoritarian political process." Massachusetts Bd. of Retirement, 427 U.S. at 313 , 96 S.Ct. at 2567 .”
1 later decision quote this exact passage · from the majority
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.