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04-30-2014, 04:19 AM #109
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Re: Would the NFL Ban an Owner for Life?
The Sword of Light has a few thoughts on the matter. Good Morning to everyone by the way. I am going to try and keep it real about this situation. I actually listened to First Take discuss this issue and Stephen A. Smith placed emphasis on Bayless not continuously prefacing his statements, because of his natural inability to feel the full magnitude of what this means to the African American community. I would like to think that we can have that sort of atmosphere here, where we can keep it real and don't have to feel like we're walking on egg shells, because as a group we do a great job of 'checking' each other.
Stephen A. Smith did make one very good point and it speaks to a statement one poster made earlier. Personally, as an African American man, I can tell you that if I boycotted/quit/stopped using every job/product/entertainment that was run by a man either known as a racist or highly suspected with legitimate reasons, by someone like myself, I'd be out of a job, out of electricity and might be hungry. The solution, in my opinion, isn't necessarily to quit, particularly from that perspective, but to persevere and hope to make ground to change that mentality at the top (Or get somebody up there in those Supervisory positions with a different mentality). The difference here is that while we usually go to work knowing that we have this type of situation waiting for us in many cases, we don't often have such ability make such change. The NBA players actually do have that power and that strongly led to this decision.
None of us are naive enough to believe that Sterling is the only owner in the NBA, or sports period, that feels the way he feels. Most players don't mingle with the owners like that and hardly know them. Many of them go into the situation, the same as they and their families have other jobs. "There might be a guy or two in here that don't like me due to the color of my skin, but I'm not going to let that stop me".
It's the blatant nature of actually hearing and having it there for all the public to hear. That strikes at a mans pride and, in a way, calls him out. Most of the other owners are smart enough not to put themselves in that position. It's one thing to get a vibe about someone or hear stories, but to actually experience it for yourself, at the same time that the WHOLE WORLD is doing so, is another story.
If the owners felt that they could maintain the quality of the league, as far as controlling the players and making money, without having to do this, it wouldn't have been done. This was a business decision. Because not only is this a black mark on the league (As if Sterling hasn't provided many of those), it puts the microscope on the league and now all of the owners are on edge."Please take with you this final sword, The Excellector. I am praying that your journey will be guided by the light", Leon Shore
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04-30-2014, 07:23 AM #110
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04-30-2014, 08:07 AM #111Legendary RSR Poster
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Re: Would the NFL Ban an Owner for Life?
I just wonder how this whole thing will play out. You know Sterling will lawyer up and probably sue the NBA. I could see it being an ugly court battle.
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04-30-2014, 08:12 AM #112Legendary RSR Poster
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04-30-2014, 08:40 AM #113Legendary RSR Poster
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Re: Would the NFL Ban an Owner for Life?
Why is this thread in the OT / politics area?
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04-30-2014, 09:01 AM #114Legendary RSR Poster
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Re: Would the NFL Ban an Owner for Life?
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04-30-2014, 09:18 AM #115Legendary RSR Poster
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Re: Would the NFL Ban an Owner for Life?
Which only repeats what I was saying. This article is about the legal battle over the Clippers as a business, not with Sterling. Those decisions may very well end up in court.
The first few paragraphs of this article though say Sterling is virtually powerless in regards to the league decision to ban him.
Basically what this attorney is saying is its all predicated on the arbitration agreement and if Silver acted outside of that. His only remedy is to challenge the arbitration requirement -- that this decisions falls outside the scope of the arbitration agreement, thus opening up other legal angles.
And he simply cannot make an antitrust claim. There's no monopoly impact with Silver's decision so it's quite a stretch to suggest the government is going to come in with any sort of antitrust violation.
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04-30-2014, 09:24 AM #116
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04-30-2014, 09:25 AM #117Legendary RSR Poster
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Re: Would the NFL Ban an Owner for Life?
To my point about arbitration ....
http://blogs.wsj.com/law/2014/04/29/...r-is-it-legal/
The NBA’s constitution – a collection of bylaws governing the operation of the league and agreed to by the league’s 30 team owners – grants the NBA’s commissioner wide latitude to punish behavior deemed “prejudicial” or “detrimental” to the league, according to Gabe Feldman, director of the sports-law program at Tulane University.
The constitution specifically allows for fines and indefinite suspensions. “It’s a broad power that Adam Silver has, and it’s given to him explicitly by Sterling and the other 29 owners,” said Mr. Feldman.
Under the terms of the NBA’s constitution, Mr. Silver’s decision has the effect of a binding arbitration decision and is enforceable in court, according to Jeffrey Kessler, a prominent sports lawyer with Winston & Strawn LLP in New York.
Overturning it could be difficult, said Mr. Kessler, as arbitrations are often only reversed when a losing party can point to fraud or a serious conflict of interest on the part of an arbitrator.
Challenging the lifetime ban and the fine, partly for these reasons, is going to be hard, according to Mr. Kessler. “He has a history of being very litigious so I’d expect a lawsuit,” said Mr. Kessler. “But I don’t think any lawsuit would have much merit.”
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Re: Would the NFL Ban an Owner for Life?
The enforceable in court part is a matter of opinion and will be played out in court as it will determine the validity of the NBA constitution over the US Constitution. Al Davis kicked the NFL's ass in court for his right to move when the NFL tried to stop him. It paved the way for the Colts to leave.
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Re: Would the NFL Ban an Owner for Life?
That is a very good point. A few folks here at work were talking about this and wondering what would have happened had it been a call/recoding about people who are gay, fat or women etc.
I think the fact it was about black people in a league where 80% of the players are black had a big impact on the decision. If I were in the NBA and black I HIGHLY doubt I'd wanna play for the Clippers. But at the same time, as long as the dude paid me and didn't act on his racism, I may not care. But that doesn't seem to be the case with this guy.
Tough situation here, I'm torn on this one.
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