Rh Nero’s Empirical Analysis
Citation profile
2 federal appellate · 16 district ·
How this case has been cited
Cited by 36 later decisions — most recently November 2018 · most notably Industrial Constructors Corporation v. United States Bureau of Reclamation H T (1994), Fletcher v. United States (1997)
2 federal appellate · 16 district ·
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 Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics · United States v. Mitchell · Santa Clara Pueblo v. Martinez · United States v. Wheeler · Montana v. United States
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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a federal law of general applicability is silent on the issue of applicability to Indian tribes, we have explained that it applies equally to Indians unless: “(1) the law touches ‘exclusive rights of self-governance in purely intramural-matters’; (2) the application of the law to the tribe would ‘abrogate rights guaranteed by Indian treaties’; or (3) there is proof ‘by legislative history or some other means that Congress intended [the law] not to apply to Indians on their reservations”
2 later decisions quote this exact passage · from the majority“Nor are we persuaded * * * that the Cherokee Constitution waives the Tribe’s immunity to suit under the ICRA. * * * Plaintiffs urge us to construe language in the Cherokee Constitution providing that ‘the appropriate protection guaranteed by the OCRA shall apply to all members of the Cherokee Nation’ * * * as such an express waiver. The cited language no more constitutes an unequivocal expression of waiver than does the language of the ICRA, which itself created the substantive rights supposedly guaranteed to all members of the Cherokee Nation, language which the Supreme Court refused to interpret as a waiver.”
1 later decision quote this exact passage · from the majority“[l]ike the provisions of the ICRA at issue in Santa Clara Pueblo, [the treaty provision relied on by the plaintiffs] only places substantive constraints on the Tribe, it does not waive the Tribe's immunity from a suit alleging noncompliance with these constraints.”
1 later decision quote this exact passage · from the majority
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.