a fortiori definition

Receive alerts:
by e-mail
E-mail Your information will be added to a database with the sole purpose of serving your subscription. This database is the exclusive property of vLex Networks S.L. and will never be shared with any other company. By sending your request you accept the Data Protection Policy of vLex Networks S.L. I have read and accept the Terms of Use
via RSS

2.276 documents for a fortiori definition

- 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 similar harm on a civilian population during wartime. [...] the standard for determining when an attack on a war-sustaining asset is disproportional to its military value is no different than any other attack.
- Army Lawyer, The
- Nbr. 7/2009, July 2009
- Rapanos v. United States, 547 U. S. (2006)
... CWA is broader than the traditional definition found in The Daniel Ball, 10 Wall. 557, see Sol... "waters of the United States," a fortiori, isolated swampy lands do not constitute "water...
- U.S. Supreme Court
- How the Diversity Rationale Lays the Groundwork for New Discrimination: Examining the Trajectory of Equal Protection Doctrine
This Article advocates differentiating between two distinct categories of equal protection cases. The first-what I have termed indicator cases-are instances where courts consider whether there are sufficient factual indications to demonstrate the existence of a prima facie equal protection violation. The second-violation cases-are instances where courts consider, having already determined the existence of an equal protection violation, whether there is a good enough justification for a prima facie equal protection violation. Unfortunately, the Supreme Court has not differentiated between these two different types of cases. This has led to a string of decisions where the Supreme Court has erroneously looked for justifications for non-existent Equal Protection Clause violations, when in f...

...DIVERSITY AS THE NEW DISCRIMINATION: A FORTIORI ARGUMENTS . . 641. X. LOOKING TO THE FUTURE: THE P...But, in context, the definition of the term, as applied to intent, has been clarif...
- The William and Mary Bill of Rights Journal
- Vol. 17 Nbr. 3, March 2009

- Department of Treasury, IRS v. FLRA, 494 U.S. 922 (1990)
... violate rules or regulations are, by definition, "not in accordance with applicable laws." Pp. 928... restrictive definition of the phrase, a fortiori, it must fit within an appropriately broad definit...
- U.S. Supreme Court
- Garbutt v. Conway, (2nd Cir. 2012)
...A fortiori, the Appellate Division's conclusion that the evid... was sufficient to meet the state law definition was not an unreasonable application of federal con...
- Federal Circuits
- Talk America, Inc. v. Michigan Bell Telephone Co., 564 U.S. (2011)
... do not conflict with 47CFR §51.5's definition of interconnection as "the linking of two net-work... to be anatural corollary-indeed, an a fortiori application-of therule that we will defer to an ag...
- U.S. Supreme Court
- Louis A. And Christine Cox, Petitioners V. Commissioner of Internal Revenue, Respondent
In the Cox v. Commr. case, the petitioner's 1999 and 2000 taxable years became the subject of IRS collection activity through issuance of notices of intent to levy. The Appeals Office sustained the proposed collection activity in November 2003. Meanwhile, the petitioner's 2001 and 2002 taxable years had likewise become the subject of a notice of intent to levy. The Tax Court held that the administrative record and notices of determination underlying these cases are sufficient to support meaningful judicial review. The Appeals officer was not disqualified from conducting the collection hearing for 2001 and 2002 on account of prior involvement within the meaning of Section 6330(b)(3), nor does the record otherwise call into question his impartiality. Because the record does not show any a...

... proceeding concerning the later years, a fortiori there cannot have been disqualifying involvement i...The regulatory definition in particular, phrased in terms of an earlier "App...
- United States. Tax Court. Reports
- Vol. 126 Nbr. 5/6, May 2006
- From colorblindness to antibalkanization: an emerging ground of decision in race equality cases.
... question, it cannot be by appeal to a definition of a racial classification enunciated by the Supre..., [section] 2000e-2(l), then it follows a fortiori that it may not take the greater step of discardin...
- Yale Law Journal
- Vol. 120 Nbr. 6, April 2011
- Anthony N. Matteo, Appellant v. Superintendent, Sci Albion; the District Attorney of the County of Chester; the Attorney General of the State of Pennsylvania, 171 F.3d 877 (3rd Cir. 1999)
... course, all three scenarios require a definition of "unreasonable"; in the Fourth Circuit's view, t... application of" standard admits of no a fortiori definition: "None of this answers the question whe...
- Federal Circuits
- United States of America, Plaintiff-Appellee, v. Trinidad Lucio-Lucio, Defendant-Appellant., 347 F.3d 1202 (10th Cir. 2003)
... notes direct the courts to use the definition of "aggravated felony" from 8 U.S.C. § 1101(a)(43... that risks future harms, this applies a fortiori to the more limited § 16(b) definition. 7 Unlike...
- Federal Circuits