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If I sign a contract and I break the rules, I expect to be punished. That's not victimhood. Sterling is not a victim.
I live in a country where every man,woman and child owe around 50,000 each. Every person here is owned and is givin their copy of inventory number when born to prove it. Even the word team is derrived from owning animals used to serve man.
originally posted by: buster2010
originally posted by: deadeyedick
There is no way that a forced sell would hold up in the supreme court. No matter how many fake constitutions were signed. The right to own property even basketball players will be up held. The whole legal slave trade thing is still going strong and we just argue over who should the masters be. You are not free no matter the color you are owned. It is called indentured servitude. I wonder why we have seen no figures on how much this man has contributed to black organizations over the years. I bet he has done more finincially for their community than the majority of then have been able too. This was a knee jerk reaction designed to force a sell.
What world do you live in? Basketball players are not property. Also the NBA is a private organization they can set their own rules and the court would find in their favor.
well that seems to be the option hes going with and seems like mostly semantics to me but im no where near a lawyer and i no nothing of how these corporate thingys work just figured people would find it interesting and relevent to the matter. And like ive said before never underestimate the spite or rich old dying men who feel (wrongly or rightly) that they have been spited,i mean he cant take his money with him and he seems to no care for his wife much(all thought she can save him millions in potental capital gains taxes if he sells to her.....)unsure if he has any surviving children(one died of a drug overdose they blamed on him for alegedly beating the boy when he was younger)so i see him just throwing money at the problem tell he either wins,looses ,runs out of money or the cancer gets him.
The legal basis for Sterling's lawsuit, according to the report, would be the use of the word "willful" in the NBA's Constitution and By-Laws with regard to the violations that activate Article 13, the provisions for termination of ownership. If so, the NBA could find itself embroiled in a fight over whether Sterling's private, recorded comments represented a "willful" violation of the Constitution and By-Laws. Sounds tricky, messy, costly and lengthy. But then, there is this: The final paragraph of Article 14, which lays out the procedure for the board's termination of ownership, says the following: "The decisions of the Association made in accordance with the foregoing procedure shall be final, binding, and conclusive, and each Member and Owner waives any and all recourse to any court of law to review any such decision." As we delve into more and more details of the Constitution and By-Laws, which until Tuesday was a private document that had never been distributed to the public, the more we learn that it is a very one-sided document. This isn't surprising. When an owner or group is approved for ownership of an NBA team, these are the rules that are furnished -- rules that must be followed. Unlike the collective bargaining agreement, which is a negotiated contract agreed upon mutually by the owners and players, the Constitution and By-Laws is a set of rules dictated by the owners, who in turn agree to have their ownership interests governed by them.
originally posted by: Benevolent Heretic
originally posted by: Wookiep
Ok, since when does the NBA force people to sell things?
I have no idea. But Sterling agreed to the rules and broke them. You get a job, you break the rules, you get fired. You sign up with an organization, you break the rules, you get forced to sell. It's pretty easy to understand.
Why is it ok for any organization to perform such practices based on someones duchebaggary?
That's freedom, baby!
originally posted by: howmuch4another
a reply to: Xcouncil=wisdom
No she won't. Donal Sterling himself said he knew he was recorded and "that woman" has hours of recordings he is afraid might come out because of it.
originally posted by: Deny Arrogance
What rules did Sterling agree to specifically?
The NBA constitution makes no mention of race or discrimination in any way.
originally posted by: Deny Arrogance
What rules did Sterling agree to specifically?
Article 13(d)
That article states an owner may be terminated if the person fails or refuses "to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely."
Article 24 in the NBA's constitution also lists the authorities and duties of the commissioner. Silver is charged with "protecting the integrity of the game of professional basketball and preserving public confidence in the League," the article says.
The most relevant rule to what the commissioner was able to do in the Sterling situation is found in Article 24(l), which is the "Best Interest of the Association" clause. The commissioner is able to give any punishment he sees fit when it's not clearly covered by the constitution and by-laws. (Via Deadspin)
The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner's judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000.
(c) Any person who gives, makes, issues, authorizes or endorses any statement...