A Fortiori

7474 results for A Fortiori

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  • A Fortiori
  • Essentials

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  • Targeting War-Sustaining Capability at Sea: Compatibility with Additional Protocol I

    The consequences of enforcing U.N. economic sanctions set a high legal standard for what indirect harm a civilian population might have to suffer before the sanctions violate international law.118 If economic sanctions, by definition a measure short of armed conflict, can negatively affect civilian welfare to the point that a state's mortality rate increases, a fortiori a state could inflict...

  • Los Angeles County Flood Control Dist. v. Natural Resources Defense Council, Inc., 568 U.S. (2013)

    ...It follows, a fortiori, from Miccosukee that no discharge of pollutants occurs when water, rather than beingremoved and then returned to a water body, simply flowsfrom one portion of the water body to another. We ...

  • Sorrell v. IMS Health Inc., 564 U.S. (2011)

    ...V. In sum, I believe that the statute before us satisfies the"intermediate" standards this Court has applied to restrictions on commercial speech. A fortiori it satisfies lessdemanding standards that are more appropriately appliedin this kind of commercial regulatory case-a case wherethe government seeks typical regulatory ends (lower drugprices, more ...

  • Parents Involved in Community Schools v. Seattle School Dist. No. 1, 551 U.S. (2007)

    ...3d, at 13. . . JUSTICE BREYER's dissent also asserts that these cases are controlled by Grutter, claiming that the existence of a compelling interest in these cases "follows a fortiori " from Grutter, post, at 41, 64-66, and accusing us of tacitly overruling that case, see post, at 64-66. The dissent over-reads Grutter, however, in suggesting that it renders pure racial ...

  • Blueford v. Arkansas, 566 U.S. (2012)

    ...Id., at 191; see also Price, 398 U. S.,at 329. In light of the forewoman's announcement, this isan a fortiori case. In short, the Double Jeopardy Clause demands an inquiry into the substance of the jury's actions. Blueford'sjury had the option to convict him of capital and first-degree murder, but ...

  • Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak, 567 U.S. (2012)

    ...But that is notour call. The Band assumes that plaintiffs like Patchakhave a lesser interest than those bringing quiet title actions, and so should be precluded a fortiori. But all we cansay is that Patchak has a different interest. Whether it islesser, as the Band argues, because not based on propertyrights; whether it is greater because implicating publicinterests; ...

  • Holder v. Martinez Gutierrez, 566 U.S. (2012)

    ...Id., at 191; see also Price, 398 U. S.,at 329. In light of the forewoman's announcement, this isan a fortiori case. In short, the Double Jeopardy Clause demands an inquiry into the substance of the jury's actions. Blueford'sjury had the option to convict him of capital and first-degree murder, but ...

  • Southern Union Co. v. United States, 567 U.S. (2012)

    ...U. S., at 481 (emphasis in original). Nor, a fortiori, couldthere be an Apprendi violation where no maximum isprescribed. Indeed, in surveying the historical record thatformed the basis of our holding in Apprendi, we specifically considered the ...

  • Dear Itt Ideologist

    I suggest a Blackwater-Bush defense. Defense counsel should argue a fortiori that the accused were privately contracted to attack U.S. command and control targets for remuneration (vis Army Air Corps v. Milo Minderbinder). Those actions were taken in accord with the Bush doctrine, which holds that a country may attack any other country that it surmises might do it harm at some future time (vis...

  • Kansas v. Marsh, 548 U. S. (2006)

    ...There, the Court held that a state death penalty statute may give the defendant the burden to prove that mitigating circumstances outweigh aggravating circumstances. A fortiori, Kansas' death penalty statute, consistent with the Constitution, may direct imposition of the death penalty when the State has proved beyond a reasonable doubt that mitigators do not outweigh ...

  • Boumediene v. Bush, 553 U.S. (2008)

    ...In other words, the characteristics of the German prisoners were set forth, not in application of some "functional" test, but to show that the case before the Court represented an a fortiori application of the ordinary rule. That is reaffirmed by the sentences that immediately follow the listing of the Germans' characteristics: . . "We have pointed out that the privilege of litigation ...

  • Rapanos v. United States, 547 U. S. (2006)

    .... . and depth," 531 U. S., at 163-which, after all, might at least be described as "waters" in their own right-did not constitute "waters of the United States," a fortiori, isolated swampy lands do not constitute "waters of the United States." See also 474 U. S., at 132. As the author of today's dissent has written, "[i]f, as I believe, actually navigable waters lie ...

  • Surrender by Any Other Name ...

    How did we go from winning the war in Iraq to losing overnight? Was this decided by the same committee that changed "Peking" to "Beijing"? These word changes are a fortiori evidence that liberals are part of a conspiracy. On what date did "horrible" and "actress" vanish from the English language to be replaced with "horrific" and "actor"?...

  • Ruckelshaus v. Monsanto Co., 467 U.S. 986 (1984)

    ...The possibility was substantial that the Federal Government at some future time would find disclosure to be in the public interest. A fortiori, the Trade Secrets Act, which penalizes only unauthorized disclosure, cannot be construed as any sort of assurance against internal agency . Page 467 U.S. 986, 988. use of submitted data during ...

  • Gonzalez v. United States, 553 U.S. (2008)

    ... Magistrates Act] Congress believed a defendant's explicit, personal consent was constitutionally necessary to bestow authority upon a magistrate judge in federal misdemeanor cases, then a fortiori Congress would have believed that such explicit, personal consent is necessary to permit a magistrate judge to conduct felony jury selection"). And I share his view that Congress undoubtedly would ...

  • Brown v. Entertainment Merchants Assn., 564 U.S. (2011)

    ...He suggests, post, at 10 (opinion concurring in judgment), that Stevens did not apply strict scrutiny. If that is so (and wedoubt it), it would make this an a fortiori case. He says, post, at 9, 10,that the California Act punishes the sale or rental rather than the"creation" or "possession" of violent depictions. That distinction appears nowhere in Stevens ...

  • Haywood v. Drown, 556 U. S. (2009)

    ... for damages against any state official, the State’s decision to deny those courts the power to entertain some narrower species of §1983 claims—even on jurisdictionally neutral terms—a fortiori violates the Supremacy Clause. The majority’s assurance that its holding is applicable only to New York’s unique scheme thus rings hollow. Ante, at 12. The majority is forcing States into an ...

  • United States v. Stevens, 559 U. S. (2010)

    ...Moreover, for the reasons set forth above, the record does not show that §48, properly interpreted, bans a substantial amount of protected speech in absolute terms. A fortiori, respondent has not met his burden of demonstrating that any impermissible applications of the statute are “substantial” in relation to its “plainly legitimate sweep.” Williams, 553 U. S., at ...

  • Hamdan v. Rumsfeld, 548 U. S. (2006)

    ..., at 327, warranted drawing a negative inference. . A like inference follows a fortiori from Lindh in this case. "If . . . Congress was reasonably concerned to ensure that [§§1005(e)(2) and (3)] be applied to pending cases, it should have been just as concerned about ...

  • Richmond v. J. A. Croson Co., 488 U.S. 469 (1989)

    ... That Congress may identify and redress the effects of society-wide discrimination does not mean that, a fortiori, the States and their political subdivisions are free to decide that such remedies are appropriate. Section 1 of the Fourteenth Amendment is an explicit constraint on state power, and the States must ...

  • United States v. Philadelphia Nat. Bank, 374 U.S. 321 (1963)

    ... probability that competition among commercial banks in the area will be substantially lessened as the result of the merger; (5) since the merger does not violate 7 of the Clayton Act, a fortiori it does not violate 1 of the Sherman Act; (6) the merger will benefit the Philadelphia metropolitan area economically. The District Court also ruled that for the purposes of 7, commercial banking is ...

  • Faragher v. Boca Raton, 524 U.S. 775 (1998)

    ...The court read the District Court's opinion to rest on an erroneous legal conclusion that any harassment pervasive enough to create a hostile environment must a fortiori also suffice to charge the employer with constructive knowledge. Id., at 1538. Rejecting this approach, the court reviewed the record and found no adequate factual basis to conclude that the ...

  • Missouri v. Jenkins, 515 U.S. 70 (1995)

    ...Carver, 260 U. S. 482, 490 (1923). A fortiori, far from lulling respondents into a false sense of security, our previous decision in Jenkins v. Missouri put respondents on notice that the Court had not affirmed the validity of the District ...