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this language

Definitions from Case Law · United States Supreme Court

Definitions from Case Law

From 488 U.S. 75 - Penson v. Ohio · 1988Most cited · 14,933 citing opinions

not only the right to assistance of counsel at trial, "Gideon v. Wainwright," 372 U.S.

335 , 83 S.Ct.

792, 9 L.Ed.2d 799 (1963), but also to the assistance of counsel on appeal.

How the Supreme Court has restated “this language”

195419601980200020202021 most cited: 488 U.S. 75 - Penson v. Ohio (1988)
first stateddeparted

Each Supreme Court definition of “this language,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.

How often courts cite the cases defining “this language”

189019001925195019752000202520307.8k

Court decisions citing the 5 opinions that defined “this language” — 20,092 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.

All 5 definitions, chronological · 1954–2021

  1. that subjective evidence of employee response was not contemplated by the drafters, and to accord with our holding that such proof is not required where encouragement or discouragement can be reasonably inferred from the nature of the discrimination.

  2. 1987·481 U.S. 412 - Tull v. United States[p8]· cited 1,940×

    a jury trial on the merits in those actions that are analogous to "Suits at common law." Prior to the Amendment's adoption, a jury trial was customary in suits brought in the English "law" courts.

  3. nothing more than that the court issuing the writ have jurisdiction over the custodian." "Braden," 410 U. S., at 495.

  4. a plaintiff to present an injury that is traceable to a particular "unlawful" action.