Does the National Basketball Association (“NBA”) have the power to force the owner of Los Angeles Clippers (Donald Sterling) to sell his team after he made some racist remarks in a private conversation that was leaked to the public? [Story]

Right to Privacy?

Sterling first asserts that under Cal Pen Code § 632 that the audio tapes were illegally recorded because he did not consent – California requires all parties to consent to a recording (whereas, one-party consent is enough in states like Georgia: O.C.G.A. § 16-11-66). Sterling contends the NBA’s usage of the audio tape recording should not “be admissible in any judicial, administrative, legislative, or other proceeding” as that would be a violation of his rights under the California Constitution.

However, in the NBA Constitution and By-laws there is a provision in Article 14, Procedure for Termination that states “strict rules of evidence shall not apply, and all relevant and material evidence submitted prior to and at the hearing may be received and considered”. On its face, this purports to allow the NBA Board of Governors to consider the audio tape in their proceedings as they are a private association and not a court of law.  Further, there is question of whether California vs. New York law applies as Article 18(e) in the Constitution and By-Laws declares that New York laws apply.

Contractual rights? 

The NBA in its “Summary of Sterling Termination Charge” avowed four legal grounds for terminating Sterling’s ownership:

1. Article 13(d) Fail or refuse to fulfill its contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.
2. Violation of the Duty of Loyalty Under New York law, all member teams of the NBA owe each other a duty of loyalty to support the League in the attainment of its proper purposes.
3. Article 13(a) Willfully violate any of the provisions of the Constitution and By-Laws, resolutions, or agreements of the Association.
4. Article 13(c) Fail to pay any dues or other indebtedness owing to the Association within thirty (30) days after Written Notice from the Commissioner of default in such payment.

Sterling argues that he did not violate any of these provisions and as a result the NBA has no basis to terminate his ownership. None of this may matter, the has league canceled their vote to forcibly remove Sterling because Sterling’s wife has reportedly negotiated the sale of the team for $2 billion.

Additional Resources:

NBA Constitution and By-Laws

Summary of Sterling Termination Charge

Donald Sterling Answer to Charge

By Meghan Starr

KosInteractive has just released a new app for $2.99 that allows users to access “the full text of all of the federal rules of procedure and the local rules for every federal court in the country – including district, bankruptcy, and appellate courts,” as well as a login portal to PACER.

I am not an “app” kind of person. My phone is mostly used for talking, although I do know how to text, check my email, and play Bubble Shooter. For that reason, I decided to test how user friendly the app is. Since I am taking Advanced Evidence this semester, my goal was to find the Federal Rules of Evidence and see how helpful it would be. The first challenge was to get the app on my phone. I outsourced that to tech support (my husband).

After that, I found the app to be intuitive and simple to navigate. The home screen provides users with 3 options: Rules of Procedure, Local Rules, and Pacer Login. After choosing Rules of Procedure, I had the following choices:

• Appellate Procedure
• Bankruptcy Procedure
• Civil Procedure
• Criminal Procedure
• Evidence
• U.S. Supreme Court
• FISA Court

Here is where I hit the first problem – only the top half of the letters appeared on the page. Still it was easy enough to find “Evidence” and proceed. The document must be downloaded before viewing, but it didn’t take too long.

Once downloaded, I could view all of the Federal Rules of Evidence – in one big, long document. You can swipe to move between pages or bring up thumbnail images to scroll through quickly; you can “go to” a specific page number; however, you cannot search to find “Rule 801” or “hearsay.” You must know what you are looking for and thumb through all the prior pages to find it.

It should be noted that: The text was of the rules only, no Advisory Committee notes. The font could be enlarged, but the lines of text did not adjust, forcing you to toggle back and forth while reading the text. Finally, a “help” tab exists, but other than contacting KosInteractive with comments, there is little help available.

Overall, I still like having it on my phone. It is a handy reference that I can quickly access on the go. While I not a resource to pull out for a quick objection in court, I do a lot of reading on the move with my kids, and I see it being used to refresh Rules of Procedure when I am preparing for the bar.

by Ryan Browne

image by Flickr user paige-pics

Spring is fast approaching.  The Masters is right around the corner.  The entire city of Atlanta will turn yellow soon.  We can finally put away the winter coats and jackets and bring out the flip flops and shorts.  And best of all, it means that finals are almost here.

Okay, so maybe the last part isn’t so great.  But it is never too soon to start preparing for your finals.  And there are plenty of ways for law students to prepare.

The library has a wide variety of supplements and study aids to help you with your finals studying.  The Understanding series offers good explanations about many areas of law.  To test your knowledge of the a certain subject, the Examples and Explanations series and the Q and A series offer hypothetical and multiple choice questions on a wide variety of subjects.  Law in a Flash offers flash cards that quiz you on your chosen topic.

You can also check out the law library’s website to for old exams given by your professors.  You can also check with any student organization that you may be a member of and see if they have outlines from prior students that can be used in helping you put together your own outline.  Lastly, check with a Barbri or Kaplan representative about their outlines.  Putting a deposit down for their bar course usually gets you an outline in return.  They have 1L outlines as well as upper level course outlines.

So check out these different ways to prepare for you finals and then enjoy your summer knowing that you aced your finals.

by Mark Stuckey

image by Flickr user brokentaco

​Alright, alright, spring break is officially over, and now we are on the all-too-familiar greased slope, slipping ever closer to the dreaded “F” word. Final Exams are only five and half short weeks away, but there is still time to have a (semi) normal life when you’re taking a break from cramming. I don’t know about you, but spring break left quite a bit to be desired; between the Education Law writings and the paucity that it my savings account, I was confined to my plebeian abode. Don’t get me wrong, it wasn’t all a wash. I did get to hang out with my less-than-apathetic dog, catch up on my laundry, and binge on Netflix (Chuck). But, even with all of that excitement, fleeting visions of beaches, beverages, and relaxation lingered in the back of my mind. However, the good news for myself and those similarly situated is, I have scoured the Internet to bring you some ideas for (relatively) “cheap” activities to get you out and about in Atlanta this Spring, and attempt to make up for a lackluster spring break.

Atlantic Station Beer Carnival

On April 5^th there will be a beer carnival at Atlantic Station. This event promises good times in the form of carnival games/rides and gourmet food trucks! And, possibly more importantly, the beer carnival offers an opportunity to sample of over 100 great beers. Tickets are a little steep, at around 50 bucks, but might be worth it to get some fresh air and a little sanity. Find all the rest of the relevant details here.

Sweetwater 420 Fest

This year the Sweetwater 420 Fest will be at Centennial Olympic Park, a change of venue from scenic Candler Park where it was held last year. Undesirable change of scenery aside, 420 Fest is always a good time. Whether you’re into running and want to participate in the 5K “beer run“, or you’re like the rest of us lazy Atlantans and just want to drink beer and listen to mediocre live music, there’s something for you. Coming from experience, 420 Fest is a lot of fun and a good way to forget your law school stresses … for a little while at least. For the website and more information click here.

High Museum

The High Museum, located in the Woodruff Arts Center, offers a less bacchanalian and more wallet-friendly option than the prior events, but is nonetheless a great outing. The High Museum is currently exhibiting “Go West“, an incredible collection of photography, painting, and sculpture of the American west. I was personally taken by the mastery of Bierstadt both times I saw this exhibit. Show your Panther ID and receive a generous student discount. Also, for those who live in Fulton County the first Saturday of the month (April 5^th) is free for you (restrictions apply). Find out all there is to know about the High Museum here.

So there you have it, a rather incomplete list of activities to get you out of the house and law school off your mind this spring. I hope it helps! Comment below, and tell me what you’re doing in your free time this spring!

by Nirvi Shah

Over 130 years after its inception, the American Bar Association is still the prestigious community that serves its members, profession, and the public by “defending liberty and delivering justice as the national representative of the legal profession.”  The ABA’s goals include improving the legal profession by promoting the highest quality of legal education.  The organization recognized Georgia State University College of Law as an accredited law school in 1984.

Thirty years later, the ABA will visit GSU College of Law again next week, beginning March 3, to evaluate whether the school still complies with ABA standards, and is, thus, accredited.  Typically, a six or seven person team conduct a Site Evaluation Visit.  The team includes: a present or former law school dean, a few academic law school faculty members, a law librarian, a faculty member with an expertise in professional skills instruction, one judge or practitioner, and one university administrator who is not a member of a law faculty.  During the visit, expect the team to visit classes while touring and evaluating the law school.

The Law Library has gathered and organized many of the law professors’ published materials to showcase to the ABA site team during their visit.  If you’re interested in knowing more about our faculty publications too, you can find a full list of them on our website.

by Ryan Browne

Photo by Flickr user aafromaa.

If the two snowstorms to hit Atlanta in the past month have made us realize anything, it is that spring break needs to get here as soon as possible. Luckily for us, spring break is right around the corner. Just three short weeks and all you will have to worry about is getting too much sun.

But if you are going on spring break, you have to be prepared. Make sure that you have most or all of these items to ensure that you have the most enjoyable spring break possible.

• Music – While the sounds of the waves crashing on the sand is nice, spring break wouldn’t be complete without your favorite tunes. Make sure that you hit iTunes to fill up your iPhone with your favorite music to play at the beach.
• Portable Speakers – Now that you have your music, you need a way to listen to it while you sit on the beach. Your old 80s boom box isn’t going to cut it anymore. Luckily for you, there are lots of speakers that hook up to your phone/iPod using Bluetooth. They come in a wide range of sizes and prices.
• Sunscreen – The sun is a silent killer, you guys.
• Beach Games – While it’s tempting, you can’t lay on the beach soaking up the sun all day. You have to stay active too. The beach is the perfect place for cornhole, bocce ball, ladder ball, whiffle ball, or to throw around the football or Frisbee.
• Books – Your spring break doesn’t have to be filled with constant activity. Few things are more relaxing than taking in the beautiful weather by the beach while reading a great book. If you need a recommendation for something to read, check out what your professors have suggested in the past.
• Beach chairs and coolers – You can’t enjoy the beach without a place to lounge, so make sure you bring a beach chair. (Probably not this one.) And make sure you have a cooler to wheel onto the sand to keep your, uh, sodas cold.

by Mark Stuckey

image by flickr user greencolander

Friday, January 17th marked the anniversary of the implementation of perhaps one of the most sobering amendments to our nation’s constitution. I am talking, of course, about the Eighteenth amendment which prescribed, “the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof (United States) … Is hereby prohibited.” The merit of the Eighteenth Amendment’s goal is debatable, but the truth is that the prohibition of intoxicating liquors created a vacuum through which organized crime gained power, and perhaps more importantly, money. In general, prohibition has been regarded as a failure, and in fact the Eighteenth Amendment is the only Amendment of the Constitution to be repealed.(see Twenty-First Amendment) Learn more about prohibition the old fashioned way… on Wikipedia here.

Reflection on the constitutional provisions that govern(ed) alcohol made me wonder what kind of laws restrict alcohol in the State of Georgia. More specifically, because I am a home brewer and love craft beer: what state laws govern my production of delicious alcoholic beverages in my own home? From my limited research on the best database in the world, Westlaw, I have found that, in general, there are Georgia statutes (in Title 3 of the OCGA) that regulate the amount brewed, consumption, and transportation of home brewed beer.

Amount:
When I first saw that there was a volume limit to the amount of beer one domiciled in mother Georgia could brew my heart sank a little bit. But in reality, for the average home brewer, the limitations are quite reasonable. First, if you live alone, or there is only one person of drinking age in the house, brewing is capped at 100 gallons of malt beverages per calendar year. If you stop and think 100 gallons is approximately 1000, 12 ounce beers, and that is huge amount of liquid for a human to consume in a year. Additionally, the limit is 200 gallons if there are two or more people of drinking age in a household. The volume limits seem to have legitimate public policy backings, but I’m sure there’s an argument to the contrary.

Consumption:
Maybe the biggest blow to home brewers, is the consumption regulations on the craft. According to the Georgia statute, home brewed malt beverages may only be consumed on the premises it was made, and may not be offered to the public for consumption. While I understand that there reasons Georgia would want to keep unregulated swill out of the hands of innocent people, there is something a little unnerving about not being able to share one’s hobby freely and openly.

Transportation:
The Georgia statute governing the brewing of malt beverages in one’s home provides that such malt beverages shall not be transported in batches larger than 25 gallons, they must be properly labeled, and must have the proper permits. I am not sure what the penalty would be for violation, but this seems a large burden on people who want to give their friends or co-workers a taste of their concoction, or those competing in home brewing events.

All in all these regulations on home brewing are relatively easy for people like myself who brew less than 25 or 30 gallons a year, to comport with, and are not a huge burden. But folks who are producing larger amounts and looking to transport their beer should have a gander at the law first. Learn a little bit more about home brewing here… it’s pretty fun.

By Meghan Starr

With exams closing in, the stress levels are rising.  When you feel like you just can’t outline any more, but feel too guilty to watch your favorite show or pick up that romance novel, try watching one of the movies or TV series from our Law Leisure collection.  If you’ve had Professor Morrison’s evidence class, you already know that movies can be a fun way to work through the material.  (But don’t forget the outlines!  They really do help.)

If you want a little extra guidance, you can read Movie Therapy for Law Students while you watch. The book suggests different movies for each subject area, then provides “relevant statutory material, rules, case law, and other resources to guide you in thought process.”  You can find most of the movies right here in our library and check them out for a week.

Civil Procedure or Family Law?  Try Kramer vs. Kramer.  Contracts? Try Liar, Liar. Evidence, Constitutional Law or Criminal Law?  Try Young Mr. Lincoln.

Also, please remember that the upper floor of the library is reserved for quiet, individual study, and that ear plugs are available from the circulation desk.

Good luck!

by Nirvi Shah

Photo from the National Library of New Zealand’s photo commons

You’ve probably heard by now that “nothing is as terrifying as 1L first semester exams” or “you’ll never go through this feeling again.”  And for the most part, it is true.  It feels like you’re swimming in the dark and whatever flotation devices and tips that are given to you don’t exactly make sense and you can’t exactly grasp how to use the advice.  You are in the dark, after all.  Fortunately, however, once you’re done with exams this semester, you will know what to expect (for the most part) for the remainder of law school.  If you’re outlining, practicing hypos, reading through sample answers, and freaking out (just a little bit), you’re on the right track.  If you’re looking for a bit more guidance on that, try this helpful guide. And once you’re done with all of your exams, you have 25 entire days to not fret about your grades and just relax, sleep, eat, and spend time with everyone you said goodbye to on August 19, 2013—the day you were thrown into this whirlpool called Law School.

Just remember, you’ve made it this far.  There is only one more month left until you’re done with your first semester of law school.  You can do it–Good luck!