Crapo v. Kelly’s Empirical Analysis

Citation profile

7 federal appellate · 16 district · 24 state decisions

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

1. ““The r-ule is thus laid down by Mr. Wheaton in his treatise on International Law * * * ; ‘Both the public and private vessels of every nation on the high seas, and out of the territorial limits of any other state, are subject to the jurisdiction of the state to which they belong. Vattel says that the domain of a nation extends to all its just possessions, and by its possessions we are not to understand its territory only, but all the rights it enjoys. And he also considers the vessels of a nation on the high seas as portions of its territory. Grotius holds that sovereignty may be acquired over a portion of the sea.’ As an illustration of the proposition that the ship is a portion of the territory of the state, the author proceeds: ‘Every state has an incontestable right to the service of all its members in the national defense, but it can give effect to this right”only by lawful means. Its right to reclaim the military service of its citizens can be exercised only within its own territory, or in some place not subject to the jurisdiction of any other nation. The ocean is such a place, and any state may unquestionably there exercise, on board its own vessels, its right of compelling the military or naval services of its subjects.’ “Chancellor Kent, in his Commentaries * * * says: ‘The high seas are free and open to all the world, and the laws of every state or nation have there a full and perfect operation upon the persons and property of the citizens or subjects of such a sta”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. 12536 Gross Tons of Whale Oil Ex Charles Racine

2. ““ I do not deny that if the property had been within Massachusetts jurisdiction when the assignment passed, the property would have been ipso facto transferred to the assignee by the laws of Massachusetts proprio vigore, and, being actually transferred and vested, would have been respected the world over.””

   1 later decision quote this exact passage · from the dissent
   e.g. Torrens v. Hammond

3. “full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State,”

   1 later decision quote this exact passage
   e.g. Glenn v. Garth