United States v. Cook’s Empirical Analysis

Citation profile

34 federal appellate · 10 district · 13 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 147 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The right of the Indians to their occupancy is as sacred as that of the United States to the fee, but it is only a right of occupancy.””

   5 later decisions quote this exact passage · from the majority
   e.g. United States v. Loughrey · Beecher v. Wetherby

2. ““But the right which the Indians held was only that of occupancy. The fee was in the United States, subject to that right, and could be transferred by them whenever they chose. The grantee, it is true, would take only the naked fee, and could not disturb the occupancy of the Indians. That occupancy could only be interfered with or determined by the United States. It is to be pre-' sumed that in this matter the United States would be governed by such considerations of justice as would control a Christian people in their treatment of an ignorant and dependent race.””

   3 later decisions quote this exact passage · from the majority
   e.g. Parr v. United States · Miller v. United States

3. ““This is the title by which other Indians hold their lands.””

   1 later decision quote this exact passage · from the majority
   e.g. New Mexico ex rel. State Highway Commission v. United States