In re Sealed Case’s Empirical Analysis

Citation profile

11 federal appellate · 6 district · 2 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'requiring that body to furnish answers to its questions before it could ask them.'”

   2 later decisions quote this exact passage · from the majority
   e.g. In re Grand Jury Subpoena · In re Grand Jury Investigation of Possible Violations of 18 U.S.C. § 1956 and 50 U.S.C. § 1705

2. “'considerable business' in the United States,”

   2 later decisions quote this exact passage · from the concurrence
   e.g. In re Grand Jury Subpoena · In re Grand Jury Investigation of Possible Violations of 18 U.S.C. § 1956 and 50 U.S.C. § 1705

3. “Permitting a custodian to invoke the Fifth Amendment to decline to produce such documents himself would not keep them from the prosecutor’s hands because collective entities, having no privilege of their own, would have to comply with a subpoena addressed to them by finding someone to produce whatever records were sought. Thus, even when the “act-of-production” doctrine is extended to representatives of collective entities, the collective-entity exception to the Fifth Amendment privilege retains its vitality and accomplishes the purposes for which it was created.... Because a collective entity possesses no Fifth Amendment privilege, the companies could not refuse to produce subpoenaed documents on the ground that those documents or the act of producing them would subject them or any natural person to criminal liability.”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Hallsims Industrial Components