Christoffersen’s Empirical Analysis

Citation profile

1 federal appellate · 3 district · 1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellants’ reliance on the National Guard Technicians Act, which simply allows but does not require the retention of qualified technicians, is misplaced. The Act is directed to the Secretary of the Air Force and does not purport to limit the role of state National Guards in making retirement decisions. See 10 U.S.C. §§ 8848 (e), 8851(c). Similarly, the fact that ANGR 36-06 directs an Advisory Board to consider an officer’s status as a civilian technician in making a recommendation to the Adjutant General does not support appellants’ due process claim. See Navas, 752 F.2d at 768 (regulation only creates a property interest if it explicitly or implicitly gives rise to an entitlement to continued employment).”

   1 later decision quote this exact passage · from the majority
   e.g. 971 F. Supp. 1149 - Bradley v. Stump

2. “The Mindes test, as modified by [the Ninth Circuit], declares that an internal military decision is unreviewable unless the plaintiff alleges (1) a violation of the Constitution, a federal statute, or a military regulation; and (b) exhaustion of available intraservice remedies. If the plaintiff meets both prerequisites, the court then weighs four factors to determine whether review should be granted: (1) the nature and strength of the plaintiffs claim; (2) the potential iiyury to the plaintiff if review is denied; (3) the extent to which review would potentially interfere with military functions; and (4) the extent to which military discretion or expertise is involved.”

   1 later decision quote this exact passage · from the majority
   e.g. Briggs v. Dalton

3. “The interference with the Army if appellant's claims were reviewed would be significant. The officers who participated in reviewing appellant's performance would have to be examined to determine the grounds and motives for their ratings. Other evidence of appellant's performance would have to be gathered for the 10-year period in question. In short, the court would be required to scrutinize numerous personnel decisions by many individuals as they relate to appellant's claim that he was improperly denied promotion. This inquiry would involve the court in a very sensitive area of military expertise and discretion.”

   1 later decision quote this exact passage · from the majority
   e.g. Serv. Women's Action Network v. Mattis