Cobell v. Babbitt’s Empirical Analysis

Citation profile

15 federal appellate · 22 district ·

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 46 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “computer and business systems architecture necessary”

   5 later decisions quote this exact passage · from the concurrence
   e.g. Cobell v. Norton · 226 F. Supp. 2d 1 - Cobell v. Norton

2. “defendants have the type of historical record of recalcitrance that troubles the court. The court is aware that defendants, especially Interior, [have] made promises similar to those relied upon today each time that it has come up for review on the IIM trust. Indeed, these .broken promises are what necessitated the passage of the Trust Fund Management Reform Act. Promises made in court, however, are different than the puffing to Congress that Interior has done over the past few decades. The court can ensure that these promises are kept, and it has the contempt power that will allow it to do so when appropriate. Despite defendants’ history, the court has decided to give defendants one last opportunity to carry through on their promises. The HLIP, defendants’ most comprehensive plan to eventually bring themselves into compliance with their duty to render an accurate accounting, is a substantial step in the right direction, as even plaintiffs admit. This time, there is substance to support defendants’ promises. The court feels that it is therefore its constitutional duty to allow defendants the opportunity to cure the breaches of trust declared in this Memorandum Opinion. Given separation of powers concerns, the court will deny for the time being plaintiffs’ request to appoint a receiver or Special Master over the IIM trust. Should the court find in the future upon proper motion by plaintiffs that defendants have been less than truthful in their representations or that defendant”

   4 later decisions quote this exact passage · from the concurrence
   e.g. 226 F. Supp. 2d 1 - Cobell v. Norton · 283 F. Supp. 2d 66 - Cobell v. Norton

3. “). In order to assure the defendants' compliance, the court retained jurisdiction and ordered the defendants to file quarterly status reports "setting forth and explaining the steps that defendants have taken to rectify”

   4 later decisions quote this exact passage · from the concurrence
   e.g. Cobell v. Norton · 407 F. Supp. 2d 140 - Cobell v. Norton