In other instances, we have left of the problem of jurisdiction to be determined in the first instance by the administrative agency.
These matters, however, should be determined in the first instance by further proceedings in the Court of Appeals or the District Court.
Thus, they must be determined, in the first instance, by state courts and deferred to, in the absence of "convincing evidence" to the contrary, by the federal courts.
The framework presented in this Article builds on the analysis in the Supreme Court's plurality opinion in Hamdi v. Rumsfeld, which devoted significant attention to the AUME Under that framework, the meaning of the AUMF is determined in the first instance by its text, as informed by a comparison with authorizations of force in prior wars, including declared wars.
This confirmed the phylogenetic position determined in the first instance.
The gene, not previously considered as a putative T1D susceptibility gene, is expressed in relevant cells (e.g., immune cell subsets, β cells) as determined in the first instance using gene expression databases [ e.g., Immunological Genome Project (https://www.immgen.org/)] (Heng et al. 2008) followed by additional expression analyses if needed.
The data suggest that perceptions of brightness represent a robust visual response to the likely sources of stimuli, as determined, in this instance, by the known statistical relationship between scenes and their retinal responses.
We leave to the district courts to determine, in the first instance and in each case, the precise remedy that would be appropriate.
Whether corrective relief can be afforded the appellant short of a new trial will be for the Wisconsin courts to determine in the first instance.
Notwithstanding these disabilities, the plaintiffs propose that individual federal judges determine, in the first instance, what amount of carbon-dioxide emissions is "unreasonable," App.
See United States v. Ham, 58 F.3d 78 (4th Cir. 1995) (case remanded to the district court to impanel a jury to determine, in the first instance, the extent of the defendant's forfeitable interest in the subject property).
