Duro v. Reina’s Empirical Analysis
821 F.2d 1358 · 1987
Citation profile
12 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 15 later decisions (1 by the Supreme Court) — most recently October 2001
12 federal appellate · 1 district · 1 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 18 U.S.C. § 1152 · 18 U.S.C. § 1153 · 18 U.S.C. § 13 (Assimilative Crimes Act) · 18 U.S.C. § 2 · 25 U.S.C. § 1302 (§ 202 of the Indian Civil Rights Act of 1968) · 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996) · 8 U.S.C. § 1401 (§ 301 of the Immigration and Nationality Act of 1952 (McCarran-Walter))
Relies on Adams v. United States Ex Rel. McCann · Morton v. Mancari · Santa Clara Pueblo v. Martinez · Atlantic Richfield Co. v. Newman Oil Co. · United States v. Wheeler
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“federal legislation with respect to Indian tribes, although relating to Indians as such, is not based upon impermissible racial classifications.”
2 later decisions quote this exact passage · from the majority“but presumably not nonmember Indians, for violation of criminal laws). Indeed, individual opinions are internally inconsistent on this point. See Babbitt Ford, Inc. v. Navajo Indian Tribe, 710 F.2d 587 , 596 n. 9, 598 (9th Cir.1983), cert. denied, 466 U.S. 926 , 104 S.Ct. 1707 , 80 L.Ed.2d 180 (1984); Cardin v. De La Cruz, 671 F.2d 363 , 364, 366 (9th Cir.) (Oliphant eliminates criminal jurisdiction only over non-Indians; yet, if extended to civil cases, it would”
1 later decision quote this exact passage · from the majoritye.g. Duro v. Reina“a totality of circumstances, including genealogy, group identification, and lifestyle, in which no one factor is dispositive.”
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.