Tag Archives: clause

Marvel Rivals’ ToS contains a “non-disparagement” clause to prevent players giving “negative reviews” – Eurogamer.net

  1. Marvel Rivals’ ToS contains a “non-disparagement” clause to prevent players giving “negative reviews” Eurogamer.net
  2. The season of game company gaffes continues with NetEase apologizing for a Marvel Rivals preview contract that asked streamers not to make ‘subjective negative reviews of the game’ PC Gamer
  3. Marvel Rivals apologizes for “inappropriate and misleading” contract PCGamesN
  4. Managed to get access to Marvel Rivals’ alpha? Make sure you don’t criticise it, as that contract you signed doesn’t let you VG247
  5. Marvel Rivals Apologizes Following Alpha Banning Controversy GameRant

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A lawsuit seeks to bar Trump from the primary in Colorado, citing Constitution’s insurrection clause – The Associated Press

  1. A lawsuit seeks to bar Trump from the primary in Colorado, citing Constitution’s insurrection clause The Associated Press
  2. Watchdog group sues to block Trump from Colorado ballot, citing 14th Amendment’s disqualification clause CNN
  3. Lawsuit filed to remove Trump from ballot in CO under 14th Amendment – CREW Citizens for Responsibility and Ethics in Washington
  4. Opinion: Trump “engaged in insurrection or rebellion,” let us prove it in a Colorado court The Denver Post
  5. Opinion | Will Colorado Kick Trump Off the Ballot? The Wall Street Journal

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Chelsea closing in on Tyler Adams deal, set to activate USMNT midfielder’s release clause – The Athletic

  1. Chelsea closing in on Tyler Adams deal, set to activate USMNT midfielder’s release clause The Athletic
  2. Jason Cundy REACTS to Chelsea’s bid for Romeo Lavia & thinks this will END the Moises Caicedo saga! talkSPORT
  3. Breakthrough? Chelsea finally closing in on signing Brighton’s Moises Caicedo – and they want him to face Liverpool on Sunday Goal.com
  4. Liverpool Return the Favour, Make Contact for Caicedo The Liverpool Offside
  5. ESPN pundit says Chelsea are trying to sign a midfielder so much worse than Moises Caicedo The Chelsea Chronicle – Chelsea FC News
  6. View Full Coverage on Google News

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‘Surrender’: Coalition MKs up in arms after PM says he’s dropped ‘override’ clause – The Times of Israel

  1. ‘Surrender’: Coalition MKs up in arms after PM says he’s dropped ‘override’ clause The Times of Israel
  2. Israel’s Netanyahu Revives Judicial Overhaul Stripped of Most Controversial Piece – WSJ The Wall Street Journal
  3. Israel: Netanyahu revives judicial overhaul stripped of most controversial piece | WION WION
  4. Netanyahu to US media: Judicial overhaul is moving ahead without ‘override clause’ The Times of Israel
  5. Israel: Netanyahu drops key clause in judicial overhaul Middle East Eye
  6. View Full Coverage on Google News

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Netanyahu to US media: Judicial overhaul is moving ahead without ‘override clause’ – The Times of Israel

  1. Netanyahu to US media: Judicial overhaul is moving ahead without ‘override clause’ The Times of Israel
  2. Israel’s Netanyahu Revives Judicial Overhaul Stripped of Most Controversial Piece – WSJ The Wall Street Journal
  3. Israel: Netanyahu revives judicial overhaul stripped of most controversial piece | WION WION
  4. Netanyahu Says He Dropped a Contentious Part of Israeli Judicial Revamp -WSJ U.S. News & World Report
  5. US envoy predicts Netanyahu won’t advance entire overhaul due to ‘dramatic’ reaction The Times of Israel
  6. View Full Coverage on Google News

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What is the 14th Amendment’s disqualification clause?

A New Mexico judge ruled this week that a county commissioner was disqualified from holding office because he participated in the attack on the U.S. Capitol on Jan. 6, 2021.

In ordering Otero County Commissioner Couy Griffin removed from office, the judge cited a section of the 14th Amendment disqualifying any elected official “who, having previously taken an oath … to support the Constitution of the United States,” has then “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.” The advocacy group that filed the lawsuit is also considering attempting to use it to disqualify former president Donald Trump from the 2024 presidential contest, according to the New York Times.

The disqualification clause, as it is sometimes called, was written in the post-Civil War Reconstruction era, in the brief period when Radical Republicans — some of the most progressive lawmakers in American history — held a majority and were determined to stop high-ranking Confederate traitors from returning to public office.

The amendment doesn’t specify who’s supposed to be enforcing it, so the responsibility has fallen to different bodies. Griffin was disqualified in court, but historically, Congress itself has sometimes taken votes to prevent elected members from being seated.

Two of those instances highlight the inconsistency of the clause’s application: the last time it was used successfully, nearly a century ago against antiwar lawmaker Victor Berger (who was not, by any standard definition, an insurrectionist), and when it was applied against former Confederate Zebulon Vance — who, like Berger, was allowed to waltz back into office once the political winds had shifted in his favor.

Vance grew up in a well-connected family that struggled financially but still enslaved more than a dozen people. After law school, he rose in the political ranks, first in the state senate and eventually as the youngest member of the 36th Congress, representing Asheville and the surrounding areas.

(Rep. Madison Cawthorn (R-N.C.), who currently represents Asheville and was also the youngest member of his Congress, faced a lawsuit trying to disqualify him from Congress under the 14th Amendment. The lawsuit was dismissed as moot after Cawthorn lost his primary in May.)

As the march toward the Civil War escalated, Vance initially opposed secession but eventually served in the Confederate Army. He also served as the Confederate governor of North Carolina.

After the war, in 1870, he was appointed senator from North Carolina, but the Senate refused to seat him, citing the 14th Amendment. After spending two years in Washington trying to get an amnesty, he gave up.

Capitol statue collection gets first Black American, replacing Confederate

But only a few years later, Washington was handing out amnesty like candy, defeating the whole purpose of the clause. Vance got his in 1875 and was elected to the Senate three years later. Not only did he serve until his death in 1894; in a sense, he is still there today: A statue of Vance stands in National Statuary Hall in the U.S. Capitol, a 1916 gift from North Carolina that Congress cannot legally remove unless the state decides to replace it.

Berger had a very different story, though he ended up in the same pickle as Vance. Born into a Jewish family in the Austrian empire, he immigrated to the United States as a young man in 1878. He became a successful publisher in Milwaukee of both English- and German-language newspapers.

Berger was a leading voice of the “Sewer Socialists,” who believed socialist objectives could be achieved through elections and good governance, no violent revolution necessary. Today, we would call this a “roads and bridges” platform; back then, it was working sewers and clean, city-owned water.

Socialists were winning U.S. elections long before Bernie Sanders and AOC

Berger served one term in Congress — the first-ever Socialist Party member — from 1911 to 1913, the high point being when he introduced the first bill for an old-age pension. (Nowadays we call that Social Security.) He didn’t win reelection, but he stayed active in Wisconsin politics and in publishing.

Then World War I began, and with it came the First Red Scare. Berger was against the war and said so in his editorials, and in 1918 that was enough for him to be charged with “disloyal acts” under the Espionage Act. He was running for Congress again while under indictment, and soon after he won the election that November, he was convicted and sentenced to 20 years in federal prison.

The socialist who ran for president from prison — and won nearly a million votes

While out on appeal, Berger showed up in Washington to be sworn in. The House refused to seat him by a vote of 309-1, saying his words had “given aid or comfort” to enemies of the nation, and he was thus barred under the 14th Amendment.

In December 1919, he ran in the special election to replace himself, and incredibly, he won. The House refused him a second time. In 1921, Berger’s conviction was overturned by the Supreme Court, and he returned unfettered to Congress in 1922, where he served three terms, pushing legislation to crack down on lynching and to end Prohibition.

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Russia blocks UN nuclear treaty agreement over Zaporizhzhia clause | Russia

Russia has blocked an agreement at the United Nations that was aimed at bolstering the nuclear non-proliferation treaty (NPT) because Moscow objected to a clause about control over the Zaporizhzhia power plant in Ukraine.

The failure to agree to a joint statement after four weeks of debate and negotiation among 151 countries at the UN in New York is the latest blow to hopes of maintaining an arms control regime and keeping a lid on a rekindled arms race.

The closing session was put off for more than four hours over Russian refusal to agree to a lengthy statement of support for the NPT which included a reference to the Zaporizhzhia nuclear power plant, which is occupied by Russian forces close to the frontline in Ukraine’s south-east.

Alarm was raised on Thursday when the plant was temporarily cut off from the Ukrainian electricity grid but the connection was restored. Russian forces are reportedly planning to sever the plant more permanently from the grid, raising concerns of a possible disaster.

A paragraph in the final draft text on Friday stressed “the paramount importance of ensuring control by Ukraine’s competent authorities of nuclear facilities … such as the Zaporizhzia nuclear power plant”.

The Russian delegation was the only one to speak against the agreed text, but blamed the breakdown of the conference on Ukraine and its “protectors”, calling the negotiations a “one-sided game”. After delivering its statement, the Russian delegation walked out of the UN chamber.

The NPT was a deal struck in 1968 in which nuclear weapons states pledged to disarm while states without nuclear weapons promised not to acquire them. At the time there were five acknowledged nuclear powers, though Israel had secretly developed a weapon of its own by then. There are now nine states which possess nuclear warheads. Before the NPT came into force, some had predicted there would be dozens countries with their own arsenals.

It is the second five-yearly review conference that has failed to issue a joint statement recommitting to the goals of the treaty. It has been 12 years since there was even partial agreement.

But Sarah Bidgood, the director of the Eurasia nonproliferation program at the James Martin Centre for Nonproliferation Studies, said the NPT was not irreparably broken, and that every other country would have accepted the text.

“The bigger takeaway for me is just how far-reaching the impact of Russia’s war in Ukraine has become,” she said. “Even at some of the darkest moments of the cold war, cooperation in support of the NPT was often possible. But what we saw at the final plenary today does not bode well for the future of nuclear diplomacy, including on issues like arms control.”

Beatrice Fihn, the executive director of the International Campaign to Abolish Nuclear Weapons, said the disarmament elements in the proposed text had already been diluted by all five of the official nuclear powers recognised by the treaty – Russia, the US, France, the UK and China.

“So, in all honesty, I don’t think it makes much difference,” she said. “This is the very dangerous game the nuclear weapon states are playing by consistently failing to achieve anything in this treaty. At some point, non nuclear weapon states are really going to start questioning whether or not this treaty is worth the effort, and if it’s relevant.”

Fihn argued that the continued failure of NPT review conferences to find common ground meant it was all the more important for countries to join the treaty for the prohibition of nuclear weapons (TPNW), which seeks to ban them outright. It came into force in January 2021, and so far 66 states have ratified or acceded to the treaty.

“It’s going to be really relevant that we quickly move forward with the TPNW and get more states,” Fihn said. “It’s really an insurance that if [the NPT] continues to fail, that we don’t stand without anything.”

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Kyler Murray’s Cardinals study clause a ‘slap in the face to all African-American quarterbacks’

Hall of Fame quarterback Warren Moon chastised the “independent study” clause initially included in Kyler Murray’s contract extension with the Arizona Cardinals, chastising the language as a “slap in the face to all African-American quarterbacks.”

Moon made the comment to TMZ for a story published on Sunday while discussing Murray’s $230 million extension that makes him the second-highest paid player in the NFL by annual salary. When Murray signed the deal last week, a clause in the contract leaked stating the Murray must complete “at least four (4) hours of Independent Study each week during each Playing Season during the term of the Contact.”

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The clause also prohibited Murray from engaging in distractions such as TV and video games while conducting his independent study at the risk of defaulting on his contract. Moon, a pioneering Black quarterback who starred for the Houston Oilers and other NFL teams in the 1980s and 90s, told TMZ that the clause was “embarrassing” and a call-back to the days “when they didn’t let us play.”

“It’s just an unfortunate situation,” Moon said. “It’s an embarrassing situation for not only the player Kyler Murray, but it’s embarrassing for the organization to have to deal with this. I think it shows a lack of trust in the player that you even have to put something in a contract like this.

“It’s also a slap in the face to all African-American quarterbacks. That’s something we were always accused of back in the day when they didn’t let us play. That we were lazy, that we didn’t study, that we couldn’t be leaders, that we weren’t smart. So all those different things just kind of came to surface after we put all that stuff to bed over the years and just because of this deal that’s going on between Arizona and Kyler.”

Warren Moon is critical of Kyler Murray’s study clause. (Nick Cammett/Diamond Images/Getty Images)

Murray: ‘Disrespectful and almost a joke’

The clause prompted an uproar in NFL circles with its response drawing criticism from Murray himself.

“To think that I can accomplish everything that I’ve accomplished in my career and not be a student of the game and not have that passion and not take this serious is disrespectful and it’s almost a joke,” Murray told reporters last week.

Amid the uproar, the Cardinals removed the clause from the contract on Thursday, four days after it leaked.

“After seeing the distraction it created, we removed the addendum from the contract,” a Cardinals statement reads. “It was clearly perceived in ways that were never intended.

“Our confidence in Kyler Murray is as high as it’s ever been and nothing demonstrates our belief in his ability to lead this team more than the commitment reflected in this contract.”

The leak suggested that the Cardinals don’t have confidence in Murray’s study habits. Removing the language didn’t undo that perception. Moon believes that the clause will continue to follow Murray throughout his career.

“It’s too late,” Moon continued. “The damage has been done. He’ll have this riding on him every time he does something wrong in a football game. They’re going to say, ‘See, that’s the reason why that happened is because he didn’t study enough film last week,’ or whatever it might be. It’s a very unfortunate situation for him and very embarrassing for both sides.”

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Zion Williamson’s contract extension with Pelicans contains a weight clause, per report

Zion Williamson’s new max contract extension with the New Orleans Pelicans contains a weight clause, according to Christian Clark. Williamson will have periodic weigh-ins throughout the course of the deal, and if his weight plus body fat percentage is above 295, he could lose money. 

Despite some speculative discussions about Willamson’s future with the Pelicans over the last few months, there was no drama when he became eligible to sign a new deal. Williamson and the team quickly agreed on a five-year rookie max extension worth at least $193 million. The new deal will kick in at the start of the 2023-24 season, and the figure could rise to $231 million if Williamson makes an All-NBA team or wins a major award next season. 

“For the Pelicans to come give me this birthday gift, I’m not going to let them down,” Williamson said after officially signing his extension on his birthday, July 6. “I’m not going to let the city down. I’m not going to let my family down. Most importantly, I’m not going to let myself down.”

“The ultimate goal is to win a championship. That’s what we’re all striving for. We’re hungry.”

The No. 1 overall pick in 2019, Williamson’s career has been plagued by injuries and concerns about his conditioning. He missed nearly his entire rookie season after undergoing knee surgery, was shut down early in his second season with a broken finger and did not play at all last season due to a broken foot that required surgery and did not heal as quickly as expected. 

When he has been on the floor, he’s been spectacular. In his second season, when he played 61 games, he averaged 27 points, 7.2 rebounds and 3.7 assists per game while shooting 61.1 percent from the field, and was named an All-Star. His combination of size, strength and athleticism is something we have rarely seen in the league and makes him a must-watch attraction. 

All of which is why, despite his injury history, the Pelicans were eager to extend him as soon as possible. At the same time, giving $193 million to a player who has been on the court just 85 times is a risky proposition, and the Pelicans were looking for a bit of protection for their cap sheet and bottom line if Williamson can’t stay healthy or in shape. 

Adding that clause, which seems to be pretty easily attainable considering Williamson’s listed playing weight is 284 pounds, seems like a fair compromise. Williamson still gets his huge extension despite the injuries, and the Pelicans have a safety net if things go wrong. 

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Kyler Murray Addresses Independent Study Contract Clause

8:15pm: And like that, the clause is no more. Rapoport tweets that the Cardinals have removed the “independent study” clause in Murray’s contract.

“After seeing the distraction it created, we removed the addendum from the contract,” the Cardinals said in a statement (via ESPN’s Adam Schefter on Twitter). “It was clearly perceived in ways that were never intended. Our confidence in Kyler Murray is as high as it’s ever been and nothing demonstrates our belief in his ability to lead this team more than the commitment reflected in this contract.”

1:25pm: In making Kyler Murray the NFL’s second-highest-paid quarterback, the Cardinals included an independent study clause in his contract. The strange inclusion mandates the fourth-year passer watch at least four hours of film on his own per week during the season, per Ian Rapoport of NFL.com (on Twitter).

Understandably, this unusual mandate has generated more attention than the five-year, $230.5MM deal itself. Addressing this matter Thursday, Murray said questions about his film-study habits are “disrespectful” and “almost a joke,” via CBS Sports’ Jonathan Jones (all Twitter links).

There’s multiple different ways to watch film. Of course we all watch film. That doesn’t need to be questioned,” Murray said, before declining to answer questions related to the film clause. “I refuse to let my work ethic and my preparation be in question. I’ve put in an incomprehensible amount of time in what I do, whether it’s football or baseball.”

Murray himself has admitted in the past he is unlikely to be a top-tier film studier among quarterbacks, making comments to the New York Times about his habits. Given his importance to the franchise, this December 2021 stance may well have been a factor for the Cardinals during their offseason negotiations.

I think I was blessed with the cognitive skills to just go out there and just see it before it happens,” Murray said, via NYT’s Ben Shpigel, last year. “I’m not one of those guys that’s going to sit there and kill myself watching film. I don’t sit there for 24 hours and break down this team and that team and watch every game because, in my head, I see so much.”

The two-time Pro Bowler declined to say if he was mad about this film-study component of his contract, but the Cardinals going so far as to include it their highest-profile extension reveals at least some level of hesitancy about the dual-threat passer’s commitment. This is not the first piece of atypical language in a Murray contract. His rookie deal protected the Cardinals against a return to baseball, a sport he was ticketed to play — as a top-10 Oakland Athletics draftee — before his 2018 Heisman-winning season changed his career course. That transition has now led to Murray securing a monster extension — one featuring $104.3MM guaranteed at signing.

It is certainly interesting that, despite the reports of the acrimony between the fourth-year QB and the Cardinals dying down, Murray has needed to address this matter after the team made this financial commitment. Generally, talk of discontent between player and team recedes in the wake of big-ticket extension agreements. But it is clear Murray, who has followed up fast starts with suboptimal end-of-season stretches in each of his Pro Bowl years, will struggle to distance himself from this story. The Cardinals, who have never authorized a contract remotely close to this neighborhood, stand to be regularly tied to this language as well.



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