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Those issues were properly raised below and the courts necessarily passed upon them.
Assuming the point to have been properly raised below, which is by no means clear, it is without merit.
we dispose of the case on the constitutional premise raised below, reaching the result by a method of analysis readily available to the state court.
Here, in contrast, we dispose of the case on the constitutional premise raised below, reaching the result by a method of analysis readily available to the state court.
It is irrelevant to this Court's jurisdiction whether a party raised below and argued a federal law issue that the state supreme court actually considered and decided.
Not having been raised below, the due process claim is not properly before this court.... Finally, there is no serious argument that the Florida Supreme Court's decision, even if retroactive, was unconstitutionally "arbitrary or irrational".
Similar(26)
None of the difficulties and problems I raise below for the connection between random sequences and chance turns in any material way on the details of which particular set of sequences gets counted as random (most are to do with the mismatch between the process notion of chance and any algorithmic conception of randomness, with differences amongst the latter being relatively unimportant).
It should be stressed that the points I shall raise below are not intended to represent knock-down objections to Habermas' arguments, although I believe that they are powerful enough to at least raise considerable concerns about Habermas' objections.
There are, however, important gaps in our knowledge about the impact of raised (or below-normal) temperature on outcome in patients with brain damage.
Specifically, Assemblyman Richard L. Brodsky, below, raised a number of red flags about the proposal in an address this month to fellow Assembly Democrats and in a memo he sent to the Spitzer administration.
And I began to stop into Marga Schoeller's bookshop at Savignyplatz, which has a nice English-language section, en route to the subway, where a large art bookstore sprawls below raised tracks.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com