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But at a hearing yesterday before Judge Jack B. Weinstein of United States District Court in Brooklyn, defense lawyers argued that prosecutors should be barred from bringing a second trial on the conspiracy charge because their arguments rely on issues decided in the previous trial.
Like many issues decided in the capital, the bids are secret — beyond what details the bidders were willing to release — and the winner will be chosen behind closed doors by the so-called three men in a room who run the state, Governor Paterson and Assembly Speaker Sheldon Silver, both Democrats, and the Senate majority leader, Joseph L. Bruno, the state's top Republican.
Despite the formality of the AIA proceedings, the agency's lawyers have steered clear of asking for Chevron deference on legal issues decided in these proceedings.
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With allies in the White House and both houses of Congress, gay marriage opponents want the issue decided in Washington.
But a senior official with the Sudanese government said on Thursday that the Abyei referendum would either have to be delayed or the issue decided in negotiations rather than a vote.
'In determining the validity of a plea of res judicata three questions are pertinent: Was the issue decided in the prior adjudication identical with the one presented in the action in question?
The issue decided in the case was whether a journalist could refuse to "appear and testify before state and Federal grand juries" basing the refusal on the belief that such appearance and testimony "abridges the freedom of speech and press guaranteed by the First Amendment".
Ordinarily, we would not expect the Court of Appeals to pass on issues not decided in the District Court.
"Many big issues were decided in the first four meetings," said Jack Weinberg, project director for the Environmental Health Fund.
Chuck Rubin, president of Artists Rightss, also a defendant in the suit, said the issues were decided in his favor in earlier litigation.
But a great many issues currently decided in Washington can well be devolved to lower levels of government, at least to a large degree.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com