Because an ROFR is a contract right, the holder's remedies for breach are typically limited to recovery of damages.

Section 2 of the Act provides that the district court: ( 1 ) shall engage in “ de novo ” review of Mrs. Schiavo ’ s constitutional and federal claims ; ( 2 ) shall not consider whether these claims were previously “ raised, considered, or decided in State court proceedings ”; ( 3 ) shall not engage in “ abstention in favor of State court proceedings ”; and ( 4 ) shall not decide the case on the basis of “ whether remedies available in the State courts have been exhausted .” Because these provisions constitute legislative dictation of how a federal court should exercise its judicial functions ( known as a “ rule of decision ”), the Act invades the province of the judiciary and violates the separation of powers principle .</ p >< p > An act of Congress violates separation of powers if it requires federal courts to exercise their Article III power “ in a manner repugnant to the text, structure, and traditions of Article III .” By setting a particular standard of review in the district court, Section 2 of the Act purports to direct a federal court in an area traditionally left to the federal court to decide.

Because Bright's speeches were so much a part of him, there are long and numerous quotations, which, far from making the biography diffuse, help to give us the feel of the man.

Because God is what He is, the laws of the universe, material and spiritual, are what they are.

Because, honey, I thought silently, there are plenty of desert islands in every marriage -- long periods when you're hopelessly stranded, together.

Because administration of the forest highway system is a responsibility of the Secretary of Commerce with maintenance provided by the States and counties, this Development Program for the National Forests does not include estimates of the funds needed to maintain the forest highway system nor to construct the additions to it that are needed.

Because they are `` minority '' exercises and have but a limited appeal they soon find themselves in the limbo of the forgotten.

Because of this, it would appear inevitable that an increasing percentage of strategic missiles will seek self-protection in mobility -- at least until missile defenses are perfected which have an exceedingly high kill probability.

( Note: Because of light leakage from one ultraviolet source to another, the lights are switched by a commutator-like assembly rotated by a synchronous motor.

Because of their location, on the edge of the feed lot, fence-line bunks are not in the way of mechanical manure removal.

Because agricultural activities are seasonal and the areas of production and harvest of many foods are widely scattered geographically, and because of the high cost of transporting bulk food items any substantial distance to a central processing location, the use of large central processing stations, where low-cost radiation facilities approaching the megawatt range might be utilized, is inherently impracticable.

Because electrical forces ( the charge-excess ) are far more powerful than gravitation, the surface hydrogen atoms would shoot away from the sphere.

Because the levels themselves are random variables, some assumptions and the method of contrasting the treatments ( a multi-variable generalization of simple differences ) differ from the fixed-effects model.

Because constitutional claims are of great magnitude, appellate courts might be more lenient to review the claim even if it was not preserved.

Because of the ocean's great capacity to store and release heat, maritime climates are more moderate and have less extreme seasonal variations than inland climates.

Because of its simplicity, star hopping is a very common method for finding objects that are close to naked-eye stars.

Because CCD imagers are linear, image processing may be used to subtract away the effects of light pollution, which has increased the popularity of astrophotography in urban areas.

Because all clades are represented in the southern hemisphere but many not in the northern hemisphere, it is natural to conjecture that there is a common southern origin to them.

Because of their biological significance, amino acids are important in nutrition and are commonly used in nutritional supplements, fertilizers, and food technology.

Because of their relatively large mass, + 2 electric charge and relatively low velocity, alpha particles are very likely to interact with other atoms and lose their energy, so their forward motion is effectively stopped within a few centimeters of air.

Because of the tortuous terrain in places, villages and towns in the mountains — to which travel via motorized vehicles are of little use — are still located in the high Andes of Argentina, Bolivia, Peru, and Ecuador.

Because Ambrosius and Vortigern are shown in the Historia Brittonum as being in conflict, some historians have suspected that this preserves a historical core of the existence of two parties in opposition to one another, one headed by Ambrosius and the other by Vortigern.

Because of its elevation and distance from the coast, the Australian Capital Territory experiences four distinct seasons, unlike many other Australian cities whose climates are moderated by the sea.

Because the strength of the force falls off rapidly with distance, it is only measurable when the distance between the objects is extremely small.

Because of its extremely rigid lattice, it can be contaminated by very few types of impurities, such as boron and nitrogen.

Because of this, Spiritual Deists are extremely welcoming and tolerant to all except dogma, demagoguery, and intolerance itself.

Because the wavelength for even the smallest of macroscopic objects is extremely small, diffraction of matter waves is only visible for small particles, like electrons, neutrons, atoms and small molecules.

Because of the extremely brutal forms that the Republican repression took in many places, certain historians such as Reynald Secher have called the event a " genocide ".

Because of Malden's isolation and aridity, its vegetation is extremely limited.

Because of the location of the shoreline — at the point where the Atlantic's cold water reach Africa — there is often extremely dense fog.

Because well-preserved Pteranodon skull fossils are extremely rare, researchers use stratigraphy ( i. e. which rock layer of the geologic formation a fossil is found in ) to determine species identity in most cases.

Because quasars are extremely distant, bright, and small in apparent size, they are useful reference points in establishing a measurement grid on the sky.

Because Title IX mandates equal money spent on men's and women's sports, rowing is particularly useful due to the extremely high costs of equipment per athlete.

Because of its scenes depicting intensely graphic violence, sadism, and sexual depravity, the movie was extremely controversial upon its release, and remains banned in several countries.

Because of tungsten carbide's hardness, rings made of this material are extremely abrasion resistant, and will hold a burnished finish longer than rings made of metallic tungsten.

Because of this trade on what became known as the Silk Route, Bukhoro and Samarqand eventually became extremely wealthy cities, and at times Mawarannahr was one of the most influential and powerful Persian provinces of antiquity.

Because the only mountain-building since then has been of the Stirling Range with the rifting from Antarctica, the land is extremely eroded and ancient, with no part of the state above 1, 245 metres ( 4, 085 ft ) AHD ( at Mount Meharry in the Hamersley Range of the Pilbara region ).

Because WIMPs may only interact through gravitational and weak forces, they are extremely difficult to detect.

Because of their ability to harness the power of what is essentially a continuous nuclear fission explosion, NSWRs would have both very high thrust and very high exhaust velocity, a rare combination of traits in the rocket world, meaning that the rocket would be able to accelerate quickly as well as be extremely efficient in terms of propellant usage.

Because of the plant's relationship with the Solanaceae ( nightshade ) family, the fruit was at one time believed to be extremely poisonous.

Because of the pun, testing for < tt > NIL </ tt > was extremely common in Lisp programs.

Because many have extremely good jumping abilities, providing adequate fencing is a challenge.

Because α is much less than one, higher powers of α are soon unimportant, making the perturbation theory extremely practical in this case.

Because metals burn without releasing cooling gases, they can potentially burn at extremely high temperatures.

Because of the extremely deformed bone structure, people with achondroplasia are often " double jointed ".

Because it was able to use the JIT this also gave extremely good performance.

Because guinea pigs require much less room than traditional livestock and reproduce extremely quickly, they are a more profitable source of food and income than many traditional stock animals, such as pigs and cows ; moreover, they can be raised in an urban environment.

Because of the rapid rotation, brightness variations are extremely fast, from milliseconds to a few seconds.