Written by attorneys · grounded in primary & secondary sources — see below
A small number of persons, things, or instances.
Sources & Authorities· 3 primary sources
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Cases
Common Law
Restatements
How it applies
Common Examples
6
Independent Adoption Arrangement
Farah Fox and Fernando Farrell seek to place their child directly with adoptive parents through a private intermediary. The transaction proceeds only because their state is among those permitting such arrangements. In most jurisdictions the intermediary would be barred from participating.
Landmark Designation Dispute
Penn Central challenges New York City's refusal to allow construction atop Grand Central Terminal. The company argues that preservation rules leave it with few viable economic uses for the site. The Court weighs whether the restrictions amount to a taking.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Abortion Regulation Challenge
Jane Roe brings suit to block enforcement of Texas criminal abortion statutes. The state defends its law by pointing to the few cases that had addressed fetal personhood under the Fourteenth Amendment. The Court examines whether those precedents control the outcome.
Roe v. Wade410 U.S. 113 (1973)
Defamation Suit Against Press
L. B. Sullivan sues the New York Times over an advertisement containing factual errors. The newspaper contends that only a few inaccuracies appeared and that none were made with actual malice. The Court considers the standard of proof required for public officials.
New York Times v. Sullivan376 U.S. 254 (1964)
Choice of Law in Diversity Case
Harry Tompkins sues Erie Railroad after being struck by a passing train in Pennsylvania. The railroad urges application of federal general common law because only a few states had addressed the precise duty owed to trespassers. The Court decides whether state law must govern.
Erie Railroad Co. v. Tompkins304 U.S. 64, 78–80 (1938)
Notice to Trust Beneficiaries
Central Hanover Bank seeks judicial settlement of multiple common trust funds. The bank proposes notice by publication because only a few beneficiaries can be located with reasonable effort. The Court evaluates whether that method satisfies due process.
Mullane v. Central Hanover Bank and Trust Co.339 U.S. 306, 313-314 (1950)
Common questions
Frequently Asked
2
How many states permit private intermediaries in independent adoptions?+
Only a few states permit nonagency doctors or lawyers to serve as intermediaries. Most states require licensed agencies to handle placements.
Does the number of inaccuracies affect actual malice analysis in defamation?+
The presence of only a few errors does not itself establish or negate actual malice. The inquiry focuses on whether the defendant knew the statements were false or acted with reckless disregard.
410 U.S. 113 (1973)Constitutional Law
…"person," as used in the Fourteenth Amendment, does not include the unborn. This is in accord with the results reached in those few cases where the issue has been squarely presented. McGarvey v. Magee-Womens Hospital , 340 F. Supp. 751 (WD Pa. 1972); Byrn v. New York City Health & Hospitals Corp. , 31 N. Y. 2d 194,…