Diebold v. United States’s Empirical Analysis
947 F.2d 787 · 1991
Citation profile
14 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 32 later decisions — most recently May 2017 · most notably Impresa Construzioni Geom. Domenico Garufi v. United States (2001), 15 Cal. 4th 543 - Professional Engineers v. Department of Transportation (1997)
14 federal appellate · 2 district · 1 state decisions
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 Warth v. Seldin · Citizens to Preserve Overton Park, Inc. v. Volpe · Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. · Association of Data Processing Service Organizations, Inc. v. Camp · Cort v. Ash
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“5. Policy. It is the policy of the United States Government to: a. Achieve Economy and Enhance Productivity. Competition enhances quality, economy, and productivity. Whenever commercial sector performance of a Government operated commercial activity is permissible, in accordance with this Circular and its Supplement, comparison of the cost of contracting and the cost of in-house performance shall be performed to determine who will do the work. b. Retain Governmental Functions In-House. Certain functions are inherently Governmental in nature, being so intimately related to the public interest as to mandate perfor- manee only by Federal employees. These functions are not in competition with the commercial sector. Therefore, these functions shall be performed by Government employees. c. Rely on the Commercial Sector. The Federal Government shall rely on commercially available sources to provide commercial products and services. In accordance with the provisions of this Circular, the Government shall not start or carry on any activity to provide a commercial product or service if the product or service can be procured more economically from a commercial source.”
1 later decision quote this exact passage“We have examined the statutes and regulations governing the contracting-out process and have found detailed standards to guide the Army in its privatization decisions.”
1 later decision quote this exact passage“confers no grievable, arbitra-ble, or justiciable rights on third parties under Title VII of the Civil Service Reform Act of 1978.”
1 later decision quote this exact passage · from the concurrence
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.