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← 940 F.2d 442 - United States v. Walker

United States v. Walker’s Empirical Analysis

940 F.2d 442 · 1991

Citation profile

23
cited by 23 later decisions
4
states following
November 2004
most recently cited

11 federal appellate · 1 district · 4 state decisions

Relationships

Applies 19 U.S.C. § 1459 (Tariff Act of 1930) · 19 U.S.C. § 1618 (Tariff Act of 1930) · 28 U.S.C. § 1291

Relies on Abney v. United States · United States v. Halper · Grady v. Corbin · One Lot Emerald Cut Stones One Ring 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “financial burden associated with maintaining check points and administering the customs system.”
    2 later decisions quote this exact passage · from the majority
  2. ““[T]he determination whether a given civil sanction constitutes punishment in the relevant sense requires a particularized assessment of the penalty imposed and the purposes that the penalty may fairly be said to serve. Simply put, a civil as well as a criminal sanction constitutes punishment when the sanction as applied in the individual case serves the goals of punishment.””
    1 later decision quote this exact passage · from the majority
  3. “The Supreme Court has noted that “a civil remedy does not rise to the level of ‘punishment’ merely because Congress provided for civil recovery in excess of the Government’s damages.” The process of assessing a sanction that compensates the government for all its costs inevitably involves an element of rough justice; thus, punishment will be found only rarely.”
    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.