Public-domain · open source
OpenJurist
← 976 FSUPP 331 - Herbert v. Reinstein

Herbert v. Reinstein’s Empirical Analysis

1997

Citation profile

6
cited by 6 later decisions
June 2010
most recently cited

1 federal appellate · 1 district ·

How this case has been cited

Cited by 6 later decisions — most recently June 2010

1 federal appellate · 1 district ·

40199720002010decided

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

Applies 20 U.S.C. § 1221 (Control of Paperwork Amendments of 1978) · 20 U.S.C. § 1232H · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Hishon v. King & Spalding · Cooter & Gell v. Hartmarx Corp. · Wilson v. Garcia · Delaware State College v. Ricks · Pennhurst State School and Hospital v. Halderman

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

  1. “No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning— (1) political affiliations; (2) mental and psychological problems potentially embarrassing to the student or his family; (3) sex behavior and attitudes; (4) illegal, anti-social, self-incriminating and demeaning behavior; (5) critical appraisals of other individuals with whom respondents have close family relationships; (6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or (7) income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program), without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. 20 U.S.C. § 1232h(b). The survey in this case clearly touches upon several of the issues recited in the statute.”
    1 later decision quote this exact passage
  2. “[A]ny program for which the Secretary or the Department has administrative responsibility as provided by law or by delegation of authority pursuant to law. The term includes each program for which the Secretary or the Department has administrative responsibility under the Department of Education Organization Act [ 20 U.S.C. § 3401 et seq.] or under Federal law effective after May 4, 1980.”
    1 later decision quote this exact passage

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.