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Messages - Maintain FL 350
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« on: June 19, 2014, 01:49:57 AM »
It was private free speech that became public.
I think the NBA franchise agreement allows for a forced sale if the owner's actions damage the league's image or something like that. I don't remember the exact words they used.
I'm sure the NBA will argue that since 85% of the players and a huge portion of the fan base are black, that Sterling's continued presence damages the league.
The whole thing is stupid. Sterling is a racist jerk, but the woman who recorded him seems pretty shifty. I also love how everybody at the NBA is full of faux righteous indignation. Apparently his views were pretty widely known, but as long as he was quiet no one cared.
I do think Mark Cuban had a good point. Do we really want to start punishing people for their privately held views? I think they can, legally, but should they? Regardless of whether his views are despicable, I don't like the idea of "thought police".
« on: June 18, 2014, 12:13:35 PM »
Franchises have all sorts of requirements and covenants that most business contracts don't.
If you buy a McDonald's franchise you have to buy all the food from McDonald's (even if you can get it cheaper somewhere else), put up all of the seasonal promotional materials they send you, they get to decide where the store goes so as to avoid competition with existing franchises, and you have to keep the place up with general corporate standards.
Even with all those requirements people are still falling over themselves to buy McDonald's franchises because they're so profitable. Same thing with the NBA.
« on: June 18, 2014, 12:02:33 PM »
I Could see that being a factor, but nationwide is still accurate. A grad from school1 likely will try to work in State2-50
True, and a graduate of Harvard for example, can work in all 50 states because well, it's Harvard. The degree is instantly recognizable as badass no matter where you go. In that case national reputation matters.
Where law students fail is in their misunderstanding of what the national reputation means.
Using the Montana example again, let's say you have a student who is from Montana, qualifies for cheap in-state tuition, and plans to return after law school. That student might be tempted to attend #79 University of San Diego, or #72 New Mexico because they're both ranked higher than #121 Montana.
The student is convinced that they're getting a "better" education at the higher ranked school, and doesn't understand that they have about the same national reputation.
« on: June 17, 2014, 03:03:00 PM »
Forgot to add:
Citizens United is a corporation. That part definitely bothers me. A corporation is a purely legal entity, and it not at all clear that corporations should be granted the same rights that we as individuals hold.
« on: June 17, 2014, 02:59:07 PM »
I think there are 2 separate ideas being conflated here. One is the right to spend your money however you want to, which I agree is fine. The other is whether whether spending money is a first amendment right to free speech. I think this stretches the meaning of free speech a bit too far.
It seems almost impossible to separate these issues, though. If the Koch brothers decide to make a documentary about Obama, but are limited on how much they can spend making the documentary, isn't that limitation on free speech?
I am highly critical of the corrupting influence that money has on politics. I don't want to see this country become an oligarchy.
However, there will always be economic inequality. I don't think it's a question of whether the rich have more
free speech than the rest of us. They do, however, have a greater ability
to promote their views. They also have a greater ability to buy big houses and send their kids to better schools. It's one of the benefits of being rich. And yeah, it bothers me.
But at the same time, the guy from Occupy who camps out in front of LA City Hall also has a greater ability to promote his views than I do, because I have to go to work and can't afford play guitar in front of my tent all day.
I'm not really sure what the answer is, but it seems that by limiting the amount that people can spend on speech you will affect the content.
« on: June 17, 2014, 01:25:55 PM »
Updating the way in which new posts are shown wouldn't be a bad idea. Right now, it seems kind of wonky. Maybe just a list of all recent activity, like (dare I say it?) TLS.
Other than that, are the people who own this site actually interested in promoting it?
« on: June 17, 2014, 11:07:43 AM »
Is he arguing against the NBA forcing him to sell the Clippers?
In most situations, he'd have a good argument. No matter how big of a jerk you are, that doesn't mean you are forced to sell your business.
However, my understanding is that the NBA franchise contract DOES allow for forced sales if the owner's behavior reflects badly on the league, or something like that. There is still a process they have to go through, but it's a contractual provision that he agreed to in order to buy into the franchise.
Maybe his best argument would be that it's an unconscionable provision, and against public policy? I doubt it, though. The court would likely just say "You entered into it willingly. Too bad."
I have no sympathy for a racist like Sterling who gets caught with his own words, but the whole thing has such a set up feel to it. The fact that she was recording conversations and asking leading questions, it's pretty smarmy.
« on: June 16, 2014, 10:59:43 PM »
A lawsuit seems like a longshot at best. I'd be against it on free speech grounds, regardless of how I feel about the rankings.
The answer to bad information is good information. A new rankings scheme which accounts for things like long term employment prospects and local reputation would be better.
One of the main problems I see with USNWR is that it holds all schools to a national standard by having lawyers and judges from around the country evaluate them.
I know a lawyer in Montana who graduated from the University of Montana. UM has a great in-state reputation, and the state's bench and bar are well stocked with UM grads. It also has a good rep in surrounding states like Idaho and Wyoming. No one in Montana considers UM a second rate school. In fact, Montanans are really proud of their public university. It's also one of the cheapest law schools in the country.
So, USNWR asks a bunch a of lawyers and judges who know nothing about UM to rate UM. Then they look at it's fairly modest admissions selectivity.
UM ranks #121.
But in Montana it's #1, and would be the best choice for a kid who wants to live in that area. Those types of things are simply not accounted for in the current scheme.
« on: June 16, 2014, 10:40:59 PM »
Just remember this: the National Enquirer is one of the biggest selling periodicals in the nation. People love salaciousness, gossip and immaturity, all of which are available in spades at TLS and most other law school related sites.
I didn't know about this site when I was applying to law school, and I wish I had. There is some great advice here, beyond "don't go" and "re-take the LSAT."
« on: June 16, 2014, 11:45:53 AM »
What did happen here? It seems like even as recently as a year ago there were way more people posting.
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