Folsom v. Marsh’s Empirical Analysis
1841
Citation profile
38 federal appellate · 7 district ·
How this case has been cited
Cited by 87 later decisions (5 by the Supreme Court) — most recently May 2023 · most notably Harper & Row, Publishers, Inc. v. Nation Enterprises (1985), Sony Corporation of America v. Universal City Studios Inc (1984)
38 federal appellate · 7 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.
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There must be real, substantial condensation of the materials, and intellectual labor and judgment bestowed thereon; and not merely the facile use of the scissors; or extracts of the essential parts, constituting the chief value of the original work.”
4 later decisions quote this exact passage“'the nature and objects of the selections made'”
4 later decisions quote this exact passage“[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism. On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticise, but to supersede- the use of the original work, and substitute the review for it, such a use will be deemed in law a piracy.”
3 later decisions 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.