Donald Sterling – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 ICYMI: Top 15 Top News Stories of 2014 https://legacy.lawstreetmedia.com/news/icymi-top-15-top-news-stories-2014/ https://legacy.lawstreetmedia.com/news/icymi-top-15-top-news-stories-2014/#respond Sat, 27 Dec 2014 14:00:09 +0000 http://lawstreetmedia.wpengine.com/?p=30450

There were a lot of big news stories this year, from the Olympics in early 2014 to the ongoing Sony hack. Read on to learn about the top 15 news stories of 2014.

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Image courtesy of [Ted Abbott via Flickr

There were a lot of big news stories this year, from the Olympics in early 2014 to the ongoing Sony hack. Read on to learn about the top 15 news stories of 2014.

1. The Winter Olympics: $how Me the $ochi

Image courtesy of Atos via Flickr

Image courtesy of Atos via Flickr

The 2014 Olympics were hosted in Sochi, Russia, this winter, and the entire event was marked by controversy after controversy. The Russians were chosen to host the Olympics because of an impressive, expensive bid to the International Olympic Committee (IOC). However, the chaos of the 2014 Games left many wondering whether or not cash should be the deciding factor in the selection process.

2. Malaysian Airplane Crash: Who’s Liable?

Image courtesy of abdallahh via Flickr

Image courtesy of abdallahh via Flickr

In March, the world watched as a Malaysian Airlines flight disappeared, and many families were left devastated. It was a horrifying tragedy, but many were wondering who was to blame for the catastrophe, or more appropriately, who was liable? Given that much is still unknown about the crash, the legal questions are far from being answered.

3. Punishing Donald Sterling Is About to Get a Lot Harder

Image courtesy of Michael via Flickr

Clippers owner Donald Sterling came under fire after an audio recording of him making racist statements came to light. NBA Commissioner Adam Silver levied a notable punishment against Donald Sterling. However, given the unprecedented level of punishment, there were significant legal concerns.

4. An Open Letter to Shailene Woodley: What Every Not-a-Feminist Needs to Hear 

One of the most talked about stars of 2014 was Shailene Woodley–she starred in films such as Divergent and The Fault in Our Stars. However, she also made headlines for a less flattering reason–for saying that she wasn’t a feminist. Unfortunately, she had the definition of feminism wrong.

Answer Emma Watson’s Call for Gender Equality

Image courtesy of EyesonFire89 via Flickr

Image courtesy of EyesonFire89 via Flickr

However, another movie starlet, Emma Watson of Harry Potter fame, gave an amazing speech this year about the importance of feminism and equality. Unlike Woodley, her definition of feminism was spot-on, and she made a great appeal.

5. SCOTUS Steps Up Amid Execution Controversy

Penitentiary_of_New_Mexico_-_Lethal_Injection_Bed-512x325

Image courtesy of [Ken Piorkowski via Flickr]

Another controversial news topic this year was the death penalty. In May, Supreme Court Justice Samuel Alito ordered the stay of the execution of a Missouri man named Russell Bucklew. The reasons for the stay were concerns over a botched execution of an Oklahoma inmate just a few weeks before.

6. Trigger Warnings Creep Off the Web and Into the Classroom

 

Image courtesy of OpenClips via Pixabay

Image courtesy of OpenClips via Pixabay

Trigger warnings are a common sight on websites, in order to alert readers to content they may find troubling. However, trigger warnings started to make their way off the internet and possibly onto college syllabi. That change has led to concerns that trigger warnings may end up creating optional content in college courses.

7. The Dark Side of the World Cup: Corruption, Bribery, and Civil Unrest

Image courtesy of Amil Delic via Flickr

Image courtesy of Amil Delic via Flickr

This summer, the world watched as the 2014 World Cup took place in Brazil. But, much like the 2014 Olympic Games, the World Cup had problems with corruption, lack of organization, and bribing scandals. Not only was the World Cup an interesting look into the the politics of Brazil, but it says a lot about what may happen at the 2022 World Cup in Qatar.

Oh, and that guy who bit another player: The People vs. Luis Suarez

Image courtesy of [George via Flickr]

Image courtesy of [George via Flickr]

There were also plenty of individual controversies at the 2014 World Cup. One of the most salient regarded a player named Luis Suarez from Uruguay, who had an interesting move during gameplay–biting people. FIFA dealt with the bite in their own ways, but it raised the question: had Suarez’s bite occurred off the field, what would the ramifications have been?

8. The Senate Torture Report: Government Infighting Over Release

Image courtesy of Justin Norman via Flickr

Image courtesy of Justin Norman via Flickr

The Senate torture report was finally released a few weeks ago, but there was a lot of infighting prior to the release. Major players included the U.S. Senate, particularly the Senate Intelligence Committee, the CIA, and the White House.

9. We Should All be Upset About What’s Going on in Ferguson: Here’s Why

Image courtesy of Elvert Barnes via Flickr

Image courtesy of Elvert Barnes via Flickr

In early August, a young man named Michael Brown was killed in Ferguson, Missouri, by Officer Darren Wilson. The following weeks led to protests over a few different topics, including police militarization, racial profiling, and First Amendment issues.

10. Ebola and America’s Fears

Image courtesy of CDC Global via Flickr

Image courtesy of CDC Global via Flickr

This year, Ebola has killed thousands in Western Africa, particularly in Liberia, Sierra Leone, and Guinea. Globalization and international travel led to a case making it to the United States, sparking fear around the nation.

11. Strikes Against ISIS in Syria: Shaky Ground for Obama Administration

The U.S. has been waging war against ISIS since it emerged in Syria and Iraq. Early this fall, the U.S. and some Middle Eastern allies bombed ISIS. Like any international action, the U.S. needed to be able to legally justify their actions, but that may be easier said than done.

12. The Washington Redskins: What’s Next in the Name Debate?

Image courtesy of Keith Allison via Flickr

Image courtesy of Keith Allison via Flickr

The Washington D.C. NFL team is called the “Redskins,” a name that has received ire for its offensive origin. Journalists have begun to refer to the team by almost any other name, and this summer the US Patent office cancelled the team’s trademark. Whether or not the name will ever be changed remains to be seen.

13. The CIA: How to Get Away With Torture

Image courtesy of takomabibelot via Flickr

Image courtesy of takomabibelot via Flickr

That Senate Intelligence torture report was finally released, and it was a disturbing revelation into the practices of the CIA. However, despite the fact that torture is illegal internationally, it’s doubtful that the U.S. will ever see any legal ramifications.

14. Australian Hostage Situation Ends: A Community Stands Together

Image courtesy of Corey Leopold via Flickr

Image courtesy of Corey Leopold via Flickr

Earlier this month, there was a horrifying hostage situation in Sydney, Australia. But the aftermath was heartening, as Australians banded together to show the world that the actions of one mad man does not justify discrimination on a wide scale.

Australians School the World on How To Not Be Racist

Image courtesy of Chris Beckett via Flickr

Image courtesy of Chris Beckett via Flickr

Here’s a further look into the amazing Australian compassion after the Sydney hostage situation. The hashtag #IllRideWithYou was created, in order to provide support for the Australian Muslim community. Citizens of Sydney offered company to Australian Muslims who needed to travel on public transportation without fear of discrimination.

15. Disturbing New Developments in the Continuing Sony Hacking Scandal

Image courtesy of The City Project via Flickr

Image courtesy of The City Project via Flickr

One of the biggest stories of the end of 2014 was the Sony Hacking scandal, when a hacking group called the Guardians of Peace (GOP) made its way into Sony’s computer system. The story escalated quickly, as the hacking group demanded that a movie called The Interview not be released, or drastic action would be taken.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Sports History Repeats Itself as the World Cup Goes On Despite Social Unrest https://legacy.lawstreetmedia.com/blogs/sports-blog/sports-history-repeats-world-cup-goes-despite-social-unrest/ https://legacy.lawstreetmedia.com/blogs/sports-blog/sports-history-repeats-world-cup-goes-despite-social-unrest/#respond Wed, 18 Jun 2014 10:31:01 +0000 http://lawstreetmedia.wpengine.com/?p=17731

Last month, the NBA came very close to having at least one playoff game boycotted by players due to the incendiary remarks made by former Clippers owner, Donald Sterling. Last week, rumors swirled that FIFA would be forced to cancel the World Cup due to the number of protests in Brazil. Both the NBA Finals and […]

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Last month, the NBA came very close to having at least one playoff game boycotted by players due to the incendiary remarks made by former Clippers owner, Donald Sterling. Last week, rumors swirled that FIFA would be forced to cancel the World Cup due to the number of protests in Brazil. Both the NBA Finals and the start of the World Cup proceeded as planned however, and while their respective controversies remain newsworthy, these incidents joined the long history of near-cancellations not becoming tangibly disruptive. Will this ever change?

Since the beginning of the twentieth century, few major sporting events have been cancelled due to social unrest. The largest instigator of cancellations excluding work stoppages comes in the form of war. The 1916 Summer Olympics were cancelled due to the outbreak of World War I. In 1940 and 1944, both the Summer and Winter Olympics were cancelled due to World War II. FIFA also cancelled two World Cups due to World War II, while the International Ice Hockey Federation World Championships were also cancelled between 1939 and 1947.

Although world wars have ended, cooler heads have not necessarily prevailed. Public backlash, much like sports popularity, seems to grow dramatically in the age of twenty-four hour news coverage.  In 2008 the Dakar Road Rally was cancelled following the heavily reported murder of four French tourists in Muaritania over Christmas vacation. Al Qaeda later claimed responsibility and followed with more publicly reported threats, ultimately forcing the Amaury Sport Organization to save face and cancel the event.

Good guys have also used new technology to cancel sporting events. In 2012, the New York City Marathon was cancelled after public criticism following the decision to host the event during Hurricane Sandy recovery. Many New Yorkers took to Twitter and Facebook to spread the message by creating hash tags and Facebook groups calling for cancellation.

A year earlier, the Middle East played host to several national uprisings during the Arab Spring.  Related pressure from the movement, which was largely incited by social media,  led organizers of the Bahrain Grand Prix to cancel the event in 2011. In 2012 the race was almost cancelled again amid continued protest.

Tweeting, Facebooking, and YouTubing protests have galvanized followers into action much like aligned sports fans have used it to organize at their favorite bars to watch games. As these conventions grow more pervasive, it’s possible that protests through social media will gain more followers, and gain them earlier.  Following reports of corruption and poor working conditions, there are already at least four Facebook groups (like this one), a Twitter handle, and a host of YouTube videos calling for a boycott of the 2022 World Cup in Qatar. FIFA may dismiss these efforts as a bunch of pissed off young people trying to ruffle feathers. And they may be right. But that’s also why they should be scared.

Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

Featured image courtesy of [Agencia Brazil via Wikipedia].

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A Donald Sterling Conspiracy Theory https://legacy.lawstreetmedia.com/blogs/sports-blog/donald-sterling-conspiracy-theory/ https://legacy.lawstreetmedia.com/blogs/sports-blog/donald-sterling-conspiracy-theory/#comments Mon, 02 Jun 2014 10:30:50 +0000 http://lawstreetmedia.wpengine.com/?p=16223

The Donald Sterling saga of the last month took an ever weirder turn last week when his attorneys filed for money damages but no injunction to slow the sale process of his NBA team. Andrew Blancato floats his Donald Sterling conspiracy theory.

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"Staples Center 2010" courtesy of [Chris Yarzab via Flickr]

Donald Sterling’s dramatic month was capped off with a fittingly tumultuous final week. Let’s review: Sterling authorized his wife to sell his beloved basketball team, then disavowed that plan. He received an offer for $2 billion to buy the team, then was deemed mentally unfit to make authorizations on behalf of his family trust. He then filed a lawsuit against the NBA for $1 billion, only to have the NBA approve the $2 billion sale of the Clippers and forego the now unnecessary forced sale process. Got it?

The flurry of events would be hard enough to understand were they to make sense, but they don’t seem to do that. Why would you authorize your wife to sell the team then sue after she fields a great offer? Maybe there is another motive at work? Maybe Donald Sterling is mentally incapacitated . . . like a fox.

Make no mistake, Donald Sterling was a shrewd attorney and businessman in his day. His ability to navigate the greater Los Angeles real estate market made him millions of dollars and gave him the means to buy the Clippers in the first place. But if the average shrewd businessman felt he were being unfairly forced to sell his largest asset, he might try to halt the sale by requesting injunctive relief from a court. At the very least, he might request a temporary injunction to slow the process. Sterling hasn’t done that. In fact, in the complaint filed by his attorneys on May 30, Sterling asks only for money damages.

Perhaps Sterling believes the value of his basketball team has been artificially inflated. Upon hearing whispers regarding what his team could sell for, he instructs his attorney to draft a letter ceding all selling responsibility to his wife, Shelly. After his instinct regarding his team’s worth is seemingly validated upon Steve Ballmer offering to buy the Clippers for $2 billion, Sterling decides to let the sale proceed. He instructs his attorneys to remove from their suit any provision requesting temporary or injunctive relief.

Ostensibly approving of a sale could make him appear feckless and get his lawsuit against the NBA thrown out of court, so next he agreed to undergo a mental evaluation knowing he would be diagnosed with Alzheimer’s. This diagnosis would leave Shelly alone to approve the sale, while Donald could still carry on his lawsuit against the NBA while still projecting the image of an angry, dangerously litigious man. After the sale is completed, Donald would remove his assets from the Sterling family trust. This way, if Donald Sterling was to successfully sue the NBA, the latter could only collect reimbursement from Shelly Sterling. Donald meanwhile, would be resting comfortably with his recently improved pile of money, and a newer, possibly even more vapid young lady to spend it on.

Possible? Maybe. Probable? Maybe not. The flurry of chess-like moves may only appear strategic considering the wealth and profiles of the parties involved. The truth may be that Donald Sterling is a spiteful man who no longer possesses the abundance of fluid intelligence he once had, but maintains the wealth to fire various shots via high priced attorneys. But even that would seem to make too much sense, and really nothing in this saga is as it appears.

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Punishing Donald Sterling Is About to Get a Lot Harder https://legacy.lawstreetmedia.com/blogs/sports-blog/punishing-donald-sterling-get-lot-harder/ https://legacy.lawstreetmedia.com/blogs/sports-blog/punishing-donald-sterling-get-lot-harder/#comments Mon, 05 May 2014 15:34:16 +0000 http://lawstreetmedia.wpengine.com/?p=15145

As those of us who don’t live under a rock know, an audio recording was leaked to the media last weekend of Clippers owner Donald Sterling making racist remarks. Last Tuesday, NBA Commissioner Adam Silver addressed the comments and levied historic punishment against Sterling, which included a $2.5-million fine, a lifetime ban from the NBA, and a forced sale of the […]

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Image courtesy of [Craig Dietrich via Flickr]

As those of us who don’t live under a rock know, an audio recording was leaked to the media last weekend of Clippers owner Donald Sterling making racist remarks. Last Tuesday, NBA Commissioner Adam Silver addressed the comments and levied historic punishment against Sterling, which included a $2.5-million fine, a lifetime ban from the NBA, and a forced sale of the basketball team that Sterling has owned since 1981. The punishment has earned Commissioner Silver the praise of basically everyone, but the envy of none. That’s because forcing Donald Sterling to sell his basketball team will be fraught with legal difficulties.

The greatest legal obstacle to overcome before finding the Clippers a new owner may be the antitrust hurdle. Several attorneys have opined that there’s little precedent beyond financial instability that permits a commissioner to force an owner to surrender ownership rights. The NBA Constitution, made public last week, is also arguably overbroad with regard to the behavior that can earn an owner the boot. Section 13(a) states that ownership stakes may be terminated if an owner “willfully violate(s) any of the provisions of the Constitution and by-laws, resolutions, or agreements of the Association.” That could include almost anything.

Leagues have been taken to court over similar antitrust issues. In 1994, former New England Patriots owner Billy Sullivan sued the NFL for antitrust violations after the league refused to let Sullivan sell a portion of the Patriots through a public stock offering.  The NFL settled the case with Sullivan for $11.5 million.

A potential antitrust case is also possible considering the domain Silver would exercise over potential buyers. Silver, like other sports commissioners, is likely to veto any buyer who plans to relocate the team to Las Vegas, due to the omnipresence of gambling in Nevada.

Sterling, on the other hand, would likely fight if the team was to be sold for anything less than $1 billion. The Milwaukee Bucks, ranked as the least valuable NBA franchise, sold this year for $550 million, $45 million more than their Forbes valuation. Considering the Clippers are in a bigger market and will soon be signing a lucrative media deal, Sterling could demand at least a $1 billion price tag.

There’s also the antitrust complication posed if NBA Hall of Famer Magic Johnson were to buy the team. Having one of the all-time affable NBA legends purchase a franchise in a city that adores him seems like the perfect fit, but consider the issue this way: Can someone force a businessman to sell his most lucrative asset to the guy he spoke disparagingly of in a private message, especially if that guy has unparalleled clout and is most likely to leverage power in writing contracts with area media networks? Sterling’s lawyers would say no, and they could be right.

Beyond antitrust issues, forcing Sterling to sell his team could be complicated by marital issues. The team is currently owned by a family trust, which could be liquidated or divided if Sterling initiated divorce proceedings against his wife, Rochelle Stein. Generally, property acquired during marriage in California is considered community property and subject to equitable distribution. Were Sterling to seek court intervention for a divorce proceeding, a California family court would halt any sale of the Clippers — absent mutual assent of the parties — in order to equitably distribute the community property of the marriage.  A court could potentially even award the Clippers to Stein (unlikely, but stranger things have happened in LA).

There’s also the possibility that probate court could complicate a Clippers sale. That’s right, in what would be filed in the “be careful what you wish for” hall of fame, Donald Sterling could die and totally screw things up for the Clippers. Like in family court, a probate court judge would presumably halt any sale of the team subject to the terms of the family trust and/or Sterling’s will. If Sterling died before a sale date was set (not a ridiculous scenario), the NBA would have the displeasure of convincing a judge that the owner-approved complaint against Donald Sterling stripping him of his ownership rights also applies to the heirs and wife of Sterling despite them not having violated NBA policy.

There you have it. If he can’t go to the games, then Donald Sterling will see you in hell.

Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

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Rethinking Discrimination Suits in Light of Buffalo Jills, Donald Sterling https://legacy.lawstreetmedia.com/blogs/sports-blog/rethinking-discrimination-suits-light-buffalo-jills-donald-sterling/ https://legacy.lawstreetmedia.com/blogs/sports-blog/rethinking-discrimination-suits-light-buffalo-jills-donald-sterling/#respond Wed, 30 Apr 2014 16:03:38 +0000 http://lawstreetmedia.wpengine.com/?p=14900

It’s no secret that many Americans feel there are too many lawsuits in this country. If you’ve ever been selected for jury duty, then you know that one of the most common questions asked before sitting on a civil case is whether or not people sue too often. The answer back to the attorney is often […]

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It’s no secret that many Americans feel there are too many lawsuits in this country. If you’ve ever been selected for jury duty, then you know that one of the most common questions asked before sitting on a civil case is whether or not people sue too often. The answer back to the attorney is often “yes,” not just because the panelist is seeking to avoid jury service, but because that’s the view espoused by many when reflecting on the American zeitgeist.

This sentiment is caused, or at least reinforced, by the media’s reporting of lawsuits. The headlines that make the largest waves are often based on huge, seven-digit verdicts. Laura Beth Nielsen and Aaron Beim alluded to this correlation in a recent paper claiming the courts are not as favorable to plaintiffs as the media often portrays, yet the media’s reports are what the public absorbs. Neilsen and Beim’s chief example is a Boston Globe report of an MBTA worker who was awarded a $5.5 million discrimination verdict. The verdict was later reduced by 80 percent on remittitur, an important detail the Globe did not feature as prominently as the original verdict. It seems that cases alleging discrimination in the workplace carry a stigma with the public and media.

Just as the figures of a verdict can be lost on the average American, so too can the merits of the underlying discrimination case. In 2009, former Los Angeles Clippers executive Elgin Baylor sued team owner Donald Sterling alleging racial discrimination. A jury of 12 unanimously rejected Baylor’s suit, and many called the hall of famer’s action frivolous.

Cases alleging tales of sexual discrimination are no different. This year alone, cheerleaders from three different NFL teams have sued their employers, often alleging sexual harassment among a variety of different wage claims. Knee-jerk reactions to such suits are often negative, as evidenced in the comments section of ESPN articles covering the matter.

A closer look at both situations may evoke a more tolerant response. Since his lawsuit, Elgin Baylor’s former employer has allegedly been caught on tape making racist comments against African Americans, and some former Clippers aren’t surprised by his discriminatory tendencies. Details have also emerged in the cheerleading case of the Buffalo Jills, whose employer allegedly instructed them on how to control their menstrual cycles and how to wash their “intimate areas.”

In sum, it’s never a bad idea to reserve judgment on a lawsuit that appears in the news or on TV, even one alleging discrimination. In fact, suits alleging workplace discrimination often already have safeguards in place against frivolous litigation, like the EEOC’s Right-To-Sue-Letter. But even absent an EEOC investigation, plaintiffs should be afforded a blank slate. Few things in this country are as ubiquitously opposed as prejudice and discrimination. Those who decide to sacrifice time, money, and privacy to personally combat these evils in a public court should be heard with an open mind.

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Andrew Blancato (@BigDogBlancato) holds a J.D. from New York Law School, and is a graduate of the University of Massachusetts, Amherst. When he’s not writing, he is either clerking at a trial court in Connecticut, or obsessing over Boston sports.

Featured image courtesy of [BuffaloProCheer via Wikipedia]

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