International Union, United Automobile, Aerospace & Agricultural Implement Workers v. Dole’s Empirical Analysis
919 F.2d 753 · 1990
Citation profile
6 federal appellate · 6 district ·
Relationships
Applies 10 U.S.C. § 1442 · 10 U.S.C. § 2774 · 19 U.S.C. § 2271 · 19 U.S.C. § 2311 · 19 U.S.C. § 2315 · 26 U.S.C. § 3304 (Federal Unemployment Tax Act) · 38 U.S.C. § 3102 · 42 U.S.C. § 1383 (§ 1631 of the Social Security Act of 1935)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Califano v. Yamasaki · Speiser v. Randall · Hecht Co. v. Bowles
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the ordinarily discretionary overtone of the word 'may' 'can be defeated by indications of legislative intent to the contrary or by obvious inferences from the structure and purpose of the statute.' " International Union v. Dole, 919 F.2d at 756-57 (quoting United States v. Rodgers, 461 U.S. 677 , 706, 103 S.Ct. 2132, 2149, 76 L.Ed.2d 236 (1983)). This case, however, does not involve such an exception. In the first place, the use of "may”
1 later decision quote this exact passage · from the majority“the usual presumption [is] that 'may' confers discretion, while 'shall' imposes an obligation to act.”
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.