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View Diary: Adam Silver's decision on Donald Sterling may be being made for him (130 comments)

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  •  Actually... (2+ / 0-)
    Recommended by:
    fou, CenPhx

    according to ESPN legal analyst Lester Munson, there is another provision in the NBA's constitution that would allow them to strip ownership from Sterling.  In paragraph 13 it "includes a provision for termination when an owner 'fails to fulfill' a 'contractual obligation' in 'such a way as to affect the [NBA] or its members adversely.'"

    If you want to read it, as well as other possible punishments, here is the link:  http://espn.go.com/...

    "[I]n the absence of genuine leadership, they'll listen to anyone who steps up to the microphone...They're so thirsty for it they'll crawl through the desert toward a mirage, and when they discover there's no water, they'll drink the sand."

    by cardboardurinal on Tue Apr 29, 2014 at 09:26:49 AM PDT

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    •  Contractual obligation (1+ / 0-)
      Recommended by:
      JVolvo

      to not be a racist? That seems kind of a stretch--even if it would apply (which, for the record, it should, but), it would have to be dragged into court to get it enforced, IMO.

      Not a good idea.

      This all started with "what the Republicans did to language".

      by lunachickie on Tue Apr 29, 2014 at 09:28:58 AM PDT

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      •  According to Munson... (2+ / 0-)
        Recommended by:
        lunachickie, CenPhx

        it would go to arbitration, not into a court of law.  This would be difficult for Sterling to win.  

        "[I]n the absence of genuine leadership, they'll listen to anyone who steps up to the microphone...They're so thirsty for it they'll crawl through the desert toward a mirage, and when they discover there's no water, they'll drink the sand."

        by cardboardurinal on Tue Apr 29, 2014 at 09:41:31 AM PDT

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        •  I'm trying to imagine (0+ / 0-)

          an arbitrator deciding that, though. You think they would? Because if they can't decide, it'll still end up in court.

          Arbitration is the first step in the process. And needless to say, this will drag it out even longer...

          This all started with "what the Republicans did to language".

          by lunachickie on Tue Apr 29, 2014 at 09:45:17 AM PDT

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          •  It doesn't go to just any arbitrator... (0+ / 0-)

            The article indicates that the Commisioner's decision shall be final as if it were an arbitration award.  So basically the Commissioner acts as the arbitrator.

            •  And the arbitrator is probably paid by the league. (0+ / 0-)

              "What could BPossibly go wrong??" -RLMiller "God is just pretend." - eru

              by nosleep4u on Tue Apr 29, 2014 at 11:58:59 AM PDT

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            •  That's a problem, isn't it? (0+ / 0-)

              Arbitrators are supposed to be "disinterested third parties", last time I looked. But that could be wrong...

              This all started with "what the Republicans did to language".

              by lunachickie on Tue Apr 29, 2014 at 02:03:31 PM PDT

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              •  Generally yeah... (0+ / 0-)

                But the NBA owners have banded together and each decided that all such disputes will be decided by the commissioner.  It's allowed under these kinds of cases.  In another example, the NFL commissioner has pretty much the sole power to discipline players under the collective bargaining agreement with the players union.  You can generally agree to whatever you want, so long as it's not clearly contrary to the law or general public policy.

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