89 Mich. App. 72 - People v. Cook’s Empirical Analysis
1979
Citation profile
2 federal appellate · 7 state decisions
How this case has been cited
Cited by 9 later decisions — most recently February 2000
2 federal appellate · 7 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
Relies on Vulcan Metals Co. v. Simmons Mfg. Co.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Subsection 401(f) of the [Uniform Securities Act] defines “investment advisor”. The term “investment advisor” does not appear in subsection 102(a). Nevertheless, the official comment to subsection 401(f) is persuasive authority for interpreting the “consideration principally for investment advice” language of subsection 102(a). The general description of an investment advisor in subsection 401(f) is substantially the same as the description of persons to be reached by subsection 102(a). The term “investment advisor” does not appear in subsection 102(a) because its formal definition also includes several express exceptions, which the drafters did not wish to incorporate into the antifraud provision. See Uniform Securities Act, § 1102(a), Official Comment, reprinted in Loss & Cowett, Blue Sky Law, p. 252.”
1 later decision quote this exact passage“To wilfully violate subsection 101 (2) this defendant must have intended the omission which was found to be material and misleading. To wilfully offend subsection 101 (3) he must have intended to engage in the course of conduct found to operate as a fraud. In addition, this defendant must have known or recklessly failed to discover facts that rendered his conduct violative of those subsections. It is insufficient that he could have discovered the facts by due care. On the other hand, he need not have acted with the conscious purpose to mislead or defraud. It is also unnecessary that he know his conduct violated the law. Like any element of a crime, knowledge and intent can be inferred. [Emphasis added; footnote omitted.]”
1 later decision quote this exact passage
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.