Posted on 04/30/2014 5:12:50 PM PDT by Red Steel
You can believe everything the media tells you.
Well Obama overcomes a far more important constitution every day. So anything's possible.
I find it interesting that the NBA does not have a morals clause for owner, yet the players are required “to be of good moral character.
If that provision was enforced, half of the players would be kicked out of the league.
"ARTICLE 14
PROCEDURE FOR TERMINATION
The Membership of a Member or the interest of any Owner shall be terminated on the occurrence of any of the events described in Article 13 by the following procedure:
(a) Any Member of the Association or the Commissioner may charge that a Member or Owner has violated one (1) or more of the provisions of Article 13." ...
The problem Silver has what has Sterling violated in Article 13?
OTOH, suppose Sterling has recordings, or memos of the other NBA owners discussing Michael Ray Richardson, or even LeBron after “The Decision.”
I remember the NBA.
http://sportsillustrated.cnn.com/nba/news/20140429/donald-sterling-nba-adam-silver-clippers-lawsuit-lifetime-ban/
“...Sterling reportedly purchased the Clippers for $12.5 million in 1981. If he sold the team today, it would be worth at least $600 million, perhaps closer to $1 billion. Between federal and state capital gains taxes, Sterling would pay an approximately 33 percent tax rate on the difference between what he paid for the team and what he sold it for. For instance, if he sold the Clippers today for $1 billion, Sterling would pay capital gain taxes of 33 percent on a gain of $987.5 million. As a result, Sterling would owe Federal & state capital gain taxes of approximately $329 million.
If instead Sterling holds onto the Clippers and some time from now passes away, his family would inherit the team. The family would inherit the team with a value pegged to its fair market value. As Raiola stresses, the new value of the team would be crucial for purposes of capital gains tax. Here’s why: if the family inherited the Clippers and then sold it, they would only pay a capitals gain tax on the difference between the value of the team when they inherited it and the value of it when sold. For instance, if the family inherited the team and it was worth $700 million and then they sold it for $800 million, they would only pay capital gain taxes on a gain of $100 million. In that instance, there would be a comparatively modest tax bill of $33 million.
If the Sterling family inherited the Clippers and simultaneously sold it, Raiola tells SI.com, they would pay no capital gains tax, but still have estate tax issues.”
LoL hardly. I actually read what is relevant.
He's the new "Emmanuel Goldstein."
"j) The decisions of the Association made in accordance with the foregoing procedure [e.g., the procedure to terminate an owner's ownership] 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."
Actually, you are referring to Article 14; not 14A.
Furthermore, Article 14 only applies to violations of Article 13. If Sterling has not violated any provision of Article 13, and no one has alleged he has, Article 14 does not apply.
I think Sterling should sue them into oblivion—Silver especially.
No Owner is going to write such rule for them to live by and have their ownership taken away from them for saying or doing dumb things.
If that provision was enforced, half of the players would be kicked out of the league.
Yes half the league maybe in trouble. They'd only enforce if it costs the owners and league big money, or they challenge the NBA powers, or it is seen very unpopular by the fans and players alike causing an uproar.
Well put, and yes, they plan to come for us. Keep your powder dry. You will need it, maybe sooner than you think.
The challenge, of course, is showing that he violated another provision wilfully. But, given (i) the litigation waiver, (ii) the provisions providing that decisions of the Board of Governors and the Commissioner have the force of an arbitration ruling, and (iii) courts' general unwillingness to get in the middle of internal disputes governed by bylaws/etc., Sterling would face an uphill battle in challenging an action taken under Articles 14 and 14A.
BFL
It’s pretty disgusting you would lump in two left wing racists with a decent man. If it was PC blacklisting, why was Jesse Jackson defending Paula Deen? What did Brendan Eich do to deserve you sliming him?
I’ve read the NBA Constitution and Bylaws. Silver has not alleged a single specific violation of any article of the constitution or a bylaw.
If the NBA wants him out, they are going to have to pay a premium on the value of the team to get him to agree to sell.
Sterling has been an owner for so long, he probably has dirt on a number of the other owners.
you are right, it is our fault... because the overwhelming majority of Conservatives continue to hand over our children to government school... to liberals, to the Left that don't like us and what we stand for... with whom our children spend day after day, year after year matters... what they hear day after day, year after year matters...
love that! needed this compact, succinct line earlier today... had a verbal political debate with someone today and wanted to convey this very idea... i did, but in other words--not as tidy as yours...
You obviously do not understand the rules of construction as it applies to written legal documents.
O.K., ace, what provision of the NBA constitution or bylaws do you think he violated? Generally speaking, just being an A-hole is not a violation.
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