State Ex Rel. Valles v. Brown’s Empirical Analysis

Citation profile

5 federal appellate · 45 state decisions

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

1. “(1) such court has jurisdiction under the law of such State; and (2) one of the following conditions is met: (A) such State (i) is the home State of the child on the date of the commencement of the proceeding, or (ii) had been the child’s home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State; (B) (i) it appears that no other State would have jurisdiction under subparagraph (A), and (ii) it is in the best interest of the child that a court of such State assume jurisdiction because (I) the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and (II) there is available in such State substantial evidence concerning the child’s present or future care, protection, training, and personal relationships; (C) the child is physically present in such State and (i) the child has been abandoned, or (ii) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse; (D) (i) it appears that no other State would have jurisdiction under subparagraph (A), (B), (C), or (E), or another State has declined to exercise jurisdiction on the ground that the State whose jurisdiction is in issue is the more appropriate forum to determine the cust”

   5 later decisions quote this exact passage
   e.g. Thompson v. Thompson · Olsen v. Olsen

2. “A preliminary matter we must dispose of is whether the PKPA became effective December 28, 1980 (the enactment date) or July 1, 1981. Section 2 states: “The amendments made by this Act shall take effect on, and apply to services furnished on or after July 1, 1981.” Parental Kidnapping Prevention Act of 1980, Pub.L. No. 96-611, § 2 , 94 Stat. 3566 (1980). It would seem, at first glance, that this provision is dispositive of the issue. However, we think not for the following reasons: First, Sections 1 through 5, inclusive, and Section 11 of the “Act” have nothing to do with the substantive law of PKPA. They are technical amendments to the Social Security Act. 42 U.S.C. §§ 301 through 1397 (1976 and Supp. Ill 1979). Secondly, the structure of the “Act” clearly indicates that the PKPA is separate and distinct. The short title of the PKPA appears at Section 6 of the “Act”, and the short title is an indicator of the beginning part of legislation. See 1A Sands, Sutherland’s Statutes and Statutory Construction §§ 20.02, 20.10 (4th rev. ed. 1972). Thirdly, Section 10 of the “Act” requires the Attorney General of the United States to report to Congress 120 days after the enactment date of the PKPA on the steps taken to enforce it. To say that the PKPA became effective on July 1, 1981 is to ignore the Congressional requirements placed on the Attorney General. We will not give statutes a literal interpretation which would lead to absurd results, State v. Nance, 77 N.M. 39 , 419 P.2d 242 (”

   2 later decisions quote this exact passage
   e.g. Eeb v. Da · Salisbury v. Salisbury

3. “[t]he underlying policy behind the PKPA is to deter, if not prevent, `child snatching[.]'”

   1 later decision quote this exact passage
   e.g. 181 W. Va. 706 - Sams v. Boston