Smith v. Kirk’s Empirical Analysis
821 F.2d 980 · 1987
Citation profile
16 federal appellate · 8 district · 2 state decisions
How this case has been cited
Cited by 45 later decisions — most recently December 2020 · most notably Peters v. Jenney (2003), Harris v. James (1997)
16 federal appellate · 8 district · 2 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. § 1292 · 29 U.S.C. § 701 (Employment Opportunities for Individuals With Disabilities Act) · 29 U.S.C. § 720 · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 422 (§ 222 of the Social Security Act of 1935)
Relies on Board of Regents of State Colleges v. Roth · Dandridge v. Williams · Williamson v. Lee Optical of Oklahoma, Inc. · Maine v. Thiboutot · Middlesex County Sewerage Authority v. National Sea Clammers Assn.
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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a]n administrative regulation ... cannot create an enforceable Sec. 1983 interest not already implicit in the enforcing statute.”
7 later decisions quote this exact passage · from the majority“administrative regulations alone could create such a right.”
3 later decisions quote this exact passage · from the majority“where the statute did not create enforceable rights, privileges, or immunities within the meaning of Sec. 1983.”
2 later decisions 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.