I’m gonna give this a shot.

A current discussion on Sports Network, which subject matter provides great analogy for what takes place in everyday life on a street. And add street can be Wall Street call my Main St or a street across the tracks. Anyway, the coach of the Celtics is suspended for a year and there it is widely anticipated that more details will come out because they’ve been released by the team.

A host suggested that the details at the team released come presuming they did release them, should’ve stayed in house unless the team was going to terminate his contract because of it. However, what they that analysis doesn’t get is that things in this world have changed dramatically in the last five years compared to the last 45 years such that many people who were not involved never confronted this before. Thus, this move by the team is actually quite hey way of determining what the expectations are now regardless of what they should have been quote then”.

The same analysis applies, again in sports, with the manner in which the NBA commissioner handled the owner in phoenix. The commissioner stated, perhaps surreptitiously, that all of his authority is limited by express terms established in the creation of the league documentation. He did not articulate that expressly, but his language set out the restrictions he faced without reference to specific clauses for which he knows the application and any court adjustments that might be attached to such language. Thus, he did what he could and was honest about it. Society and the personality of the offender controlled the rest. There was no smoking gun evidence here that would require a certain majority percentage of the other owners (which can always be met by a unanimous vote since the offender would likely be forced to abstain in the vote.  ,

So, for those who don’t swim in the deep end of the contract pool, those are two examples of how contracts control a certain situation. Sports again, provides an illustration, but this same type of stuff takes place in the “private sector”. Sports are all subject to a special exemption at some level in order to do what they do relative to regulations that have sprung up to control bad business behavior in the US.

One last thought: bad behavior by prosecutors has shown a proliferation of wrongful convictions while the prosecution withheld evidence it had but didn’t want to use, to the defense, in matters which were relevant and pertinent to the defense of the individual eventually convicted, and now being release some 20+ years later. That is why in the contracts there is a mechanism that is put in place, but that mechanism will continue to evolve as it is applied more often and nooks and crannies are found! Adam Silver danced a dance that fit within the rhythm of the language of the contract, as are the Celtics. It’s like a doc taking blood pressure, heartbeat, etc. before diagnosing a condition.

(Unreviewed, just thrown up on the page)