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  1. #1
    Horse Archer Senior Member Sarmatian's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by HoreTore View Post
    I'll bold the relevant part:



    If it's a UEFA decision, you appeal to UEFA's appeal court.
    But CAS and UEFA are separate entities, and, at least according to wiki, you can appeal a CAS decision to Supreme Federal Court of Switzerland.

  2. #2
    has a Senior Member HoreTore's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by Sarmatian View Post
    But CAS and UEFA are separate entities, and, at least according to wiki, you can appeal a CAS decision to Supreme Federal Court of Switzerland.
    CAS is a joint venture for many sports associations, created by the Olympic committee. Most of what they handle are drugs, but they occasionally do other cases(like Fenerbache).

    The chances of overturning a CAS ruling is comparable to finding extraterrestrial life. The only involvement of national courts in CAS dealings is when the guilty party has tried to challenge the jurisdiction of CAS. This has not been successful.
    Last edited by HoreTore; 04-30-2014 at 17:04.
    Still maintain that crying on the pitch should warrant a 3 match ban

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    Horse Archer Senior Member Sarmatian's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by HoreTore View Post
    CAS is a joint venture for many sports associations, created by the Olympic committee. Most of what they handle are drugs, but they occasionally do other cases(like Fenerbache).

    The chances of overturning a CAS ruling is comparable to finding extraterrestrial life. The only involvement of national courts in CAS dealings is when the guilty party has tried to challenge the jurisdiction of CAS. This has not been successful.
    Still, it proves that UEFA decisions aren't final as you've said, you can take your case to a court that's outside UEFA, and afterwards, you can appeal to a civilian court. So, I'm right and you're wrong. Repent now and I won't make too many jokes about your total lack of understanding of the subject.

    Quote Originally Posted by Gelatinous Cube View Post
    Its really not his property is the point. NBA "owners" are more like managers, and the NBA as a whole remains the most powerful controlling interest in the team regardless of which old white dude is currently profiting from ticket sales. Hell, they even share a stadium with the Lakers. Baseball is the only major American sport where teams are owned in the true sense, and even then its a league-first mentality on most issues.
    If you know of an online source that delves deeper into the subject, I'd like to read more about it.
    Last edited by Sarmatian; 04-30-2014 at 17:20.

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    has a Senior Member HoreTore's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by Sarmatian View Post
    Still, it proves that UEFA decisions aren't final as you've said, you can take your case to a court that's outside UEFA, and afterwards, you can appeal to a civilian court. So, I'm right and you're wrong. Repent now and I won't make too many jokes about your total lack of understanding of the subject.
    The court is UEFA's court for all intents and purposes, it's just that it's shared with other sports organizations. It's artificially separated from the IOC, but that doesn't make them more independent than the FA court(which is also 'independent' and occasionally overrules the FA).

    The opportunity of a civilian court to overrule CAS is non-existent in practice, unless the CAS has bungled into areas under the jurisdiction of said civilian court. Like if they made a guilty verdict in the blade runner case, for example...


    And I'll never repent to a self-proclaimed nazi.
    Still maintain that crying on the pitch should warrant a 3 match ban

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    The Black Senior Member Papewaio's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by HoreTore View Post
    The court is UEFA's court for all intents and purposes, it's just that it's shared with other sports organizations. It's artificially separated from the IOC, but that doesn't make them more independent than the FA court(which is also 'independent' and occasionally overrules the FA).

    The opportunity of a civilian court to overrule CAS is non-existent in practice, unless the CAS has bungled into areas under the jurisdiction of said civilian court. Like if they made a guilty verdict in the blade runner case, for example...
    Are you stating that the UEFA is above the sovereignty of nations and their justice system?
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    Default Re: Don Sterling...

    I understand that everything that is happening to Sterling is by the book since he did sign the contract with the NBA allowing them to take away his team if they choose. I just think there is more to be said about whether or not contracts that dictate property rights based on....reputation are 1. smart and 2. easily abused and 3. moral.

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    Praefectus Fabrum Senior Member Anime BlackJack Champion, Flash Poker Champion, Word Up Champion, Shape Game Champion, Snake Shooter Champion, Fishwater Challenge Champion, Rocket Racer MX Champion, Jukebox Hero Champion, My House Is Bigger Than Your House Champion, Funky Pong Champion, Cutie Quake Champion, Fling The Cow Champion, Tiger Punch Champion, Virus Champion, Solitaire Champion, Worm Race Champion, Rope Walker Champion, Penguin Pass Champion, Skate Park Champion, Watch Out Champion, Lawn Pac Champion, Weapons Of Mass Destruction Champion, Skate Boarder Champion, Lane Bowling Champion, Bugz Champion, Makai Grand Prix 2 Champion, White Van Man Champion, Parachute Panic Champion, BlackJack Champion, Stans Ski Jumping Champion, Smaugs Treasure Champion, Sofa Longjump Champion Seamus Fermanagh's Avatar
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    Default Re: Don Sterling...

    I doubt you could get 3/4 of the owners to agree to a sale on the prop 8 issue -- but I take your point.
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    has a Senior Member HoreTore's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by Papewaio View Post
    Are you stating that the UEFA is above the sovereignty of nations and their justice system?
    I'm saying that UEFA is outside it.
    Still maintain that crying on the pitch should warrant a 3 match ban

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    The Black Senior Member Papewaio's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by HoreTore View Post
    I'm saying that UEFA is outside it.
    I think you will find that if push comes to shove a national court can overrule a UEFA decision.
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    Default Re: Don Sterling...

    SO far, I am with Strike on this one.


    The league commissioner has the right to fine him for statements that reflect poorly on the NBA and to ban him from NBA events and activities. This is all part of the ownership agreement contract he signed. Additionally, there is a clause that allows for the forcible sale of the team against Sterling's wishes provided that 3/4 of the other team owners agree to such a sale being forced. Again, all part of the contract of ownership he signed.

    If you don't want to abide by those rules of ownership, create your own league....it has been done before.

    What Sterling did is more or less akin to a homeowner falling afoul of her homeowner association and having the home sold against her wishes to pay for outstanding fines and judgments. If you think such things are anathema (and many do) then DO NOT SIGN THE CONTRACT.


    That having been said there are other questions.

    Why did the NBA let him buy a team? It is not as though this fellow had a reputation for Pollyanna behavior -- especially as regards race relations -- prior to owning the Clippers. It does not speak well of the cadre of owners, now does it? I have heard that there are behaviors that whores will refuse even if offered a bonus...perhaps no such scruples exist among the NBA owners group....

    Why is the NBA letting their dog be wagged by such a clear set-up job? Or were some of them complicit in it? The chica at the center of the controversy seems to have an interesting network of connections...
    Last edited by Seamus Fermanagh; 04-30-2014 at 17:41.
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  11. #11
    has a Senior Member HoreTore's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by Seamus Fermanagh View Post
    If you don't want to abide by those rules of ownership, create your own league....it has been done before.
    I've got just the league for him.
    Still maintain that crying on the pitch should warrant a 3 match ban

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  12. #12
    Needs more flowers Moderator drone's Avatar
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    Default Re: Don Sterling...

    Quote Originally Posted by Seamus Fermanagh View Post
    Why is the NBA letting their dog be wagged by such a clear set-up job? Or were some of them complicit in it? The chica at the center of the controversy seems to have an interesting network of connections...
    Apparently Sterling did know he was being recorded (all of their conversations were archived). She is being sued by his wife since the sugar-daddy money he gave her came from funds that weren't strictly his to do whatever he wanted with. She could have released the tape, or someone in the courthouse might have leaked it if it was part of the lawsuit evidence. TMZ probably has more spies in the LA courthouse than Scientology.
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