document_title: Privacy in Australian law

question_text: who regulates the privacy act in australia and new zealand

text: Privacy in Australian law

text: What is privacy?[edit]

text: There is no statutory definition of privacy in Australia.[1] The Australian Law Reform Commission (ALRC) was given a reference to review Australian privacy law in 2006. During that review it considered the definition of privacy in 2007 in its Discussion paper 72. The ALRC found there is no "precise definition of universal application" of privacy; instead it conducted the inquiry considering the contextual use of the term "privacy".[3]:para 1.37-1.45

text: In reaching that conclusion, the ALRC began by considering the concept of privacy:[3]:para 1.29

text:
Information privacy, which involves the establishment of rules governing the collection and handling of personal data such as credit information, and medical and government records. It is also known as 'data protection';[4]
Bodily privacy, which concerns the protection of people’s physical selves against invasive procedures such as genetic tests, drug testing and cavity searches;
Privacy of communications, which covers the security and privacy of mail, telephones, e-mail and other forms of communication; and
Territorial privacy, which concerns the setting of limits on intrusion into the domestic and other environments such as the workplace or public space. This includes searches, video surveillance and ID checks.

text: Privacy at common law[edit]

text: It is unclear if a tort of invasion of privacy exists under Australian law. The ALRC summarised the position in 2007:[3]:para 5.12, 5.14

text:
"In Australia, no jurisdiction has enshrined in legislation a cause of action for invasion of privacy; however, the door to the development of such a cause of action at common law has been left open by the High Court in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (Lenah Game Meats).[5] To date, two lower courts have held that such a cause of action is part of the common law of Australia. ..."

"At common law, the major obstacle to the recognition in Australia of a right to privacy was, before 2001, the 1937 High Court decision in Victoria Park Racing and Recreation Grounds Co Ltd v Taylor (Victoria Park).[6] In a subsequent decision, the High Court in Lenah Game Meats indicated clearly that the decision in Victoria Park 'does not stand in the path of the development of … a cause of action (for invasion of privacy)'. The elements of such a cause of action — and whether the cause of action is to be left to the common law tradition of incremental development or provided for in legislation — remain open questions."

text: However, in 2008, the Court of Appeal of the Supreme Court of Victoria held "damages should be available for breach of confidence occasioning distress, either as equitable compensation, or under Lord Cairns' Act."[7] This is a reference to the equitable doctrine of breach of confidence, which is different to a tort of invasion of privacy, although it has some applications to situations where one's privacy has been invaded.

text: See also:

text:
Grosse v Purvis [2003] QDC 151 District Court of Queensland (16 June 2003)
Jane Doe v Australian Broadcasting Corporation [2007] VCC 281 County Court of Victoria (3 April 2007)

text: In 2013, Attorney-General of Australia Mark Dreyfus QC MP again referred the issue of privacy to the ALRC. Its terms of reference included a detailed legal design of a statutory cause of action for serious invasions of privacy, and to consider the appropriateness of any other legal remedies to redress for serious invasions of privacy. The final report, Serious Invasions of Privacy in the Digital Era (ALRC Report 123), was tabled in September 2014. There has never been a formal response from the Australian government.

text: Postal confidentiality[edit]

text: Since at least the 19th century, it has been the practice to enclose mail in an envelope to prevent infringement of confidentiality. The unauthorised interception of mail of another is a criminal offence.[8]

text: Telecommunications privacy[edit]

text: An Attorney-General discussion paper notes:

text: On 26 March 2015 both Houses of Parliament passed the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015, which received royal assent on 13 April 2015.[10]

text: The Act implements recommendations of the Parliamentary Joint Committee on Intelligence and Security (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation by amending the Telecommunications (Interception and Access) Act 1979 to:

text:
require telecommunications service providers to retain for two years telecommunications data (not content) prescribed by regulations;
provide for a review by the PJCIS of the mandatory data retention scheme no more than three years after the end of its implementation phase;
limit the range of agencies that are able to access telecommunications data and stored communications;
provide for record-keeping and reporting the use of, and access to, telecommunications data; and
require the Commonwealth Ombudsman to inspect and oversight these records for compliance; and Telecommunications Act 1997 to make consequential amendments.

text: Despite being considered by some an absolute and whole violation of the right to privacy under the Privacy Act 1988 the topic, whilst debated, was never brought to light by mainstream media. The consideration was postured due to the nature of the 'metadata' being retained under the Act and the concept that whilst not directly capturing the content of communications undertaken the bill gives considerable leeway in the kind of metadata being collected.

text: Australian privacy laws[edit]

text: Commonwealth[edit]

text:
Privacy Act 1988
Telecommunications Act 1997
National Health Act 1953
Data-matching Program (Assistance and Tax) Act 1990
Crimes Act 1914
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
The Healthcare Identifiers Act 2010
Personally Controlled Electronic Health Records Act 2012

text: New South Wales[edit]

text:
Privacy and Personal Information Protection Act 1998
Health Records and Information Privacy Act 2002
Freedom of Information Act 1989
State Records Act 1998
Criminal Records Act 1991
Surveillance Devices Act 2007
Workplace Surveillance Act 2005
Telecommunications (Interception and Access) (New South Wales) Act 1987
Access to Neighbouring Land Act 2000
Crimes (Forensic Procedures) Act 2000

text: Victoria[edit]

text:
Privacy and Data Protection Act 2014
Health Records Act 2001
The Charter of Human Rights and Responsibilities Act 2006
Freedom of Information Act 1982
Public Records Act 1973
Surveillance Devices Act 1999
Telecommunications (Interception) (State Provisions) Act 1988

text: Queensland[edit]

text:
Information Privacy Act 2009
Right to Information Act 2009
Public Records Act 2002
Criminal Law (Rehabilitation of Offenders) Act 1986
Invasion of Privacy Act 1971
Whistleblowers Protection Act 1994
Police Powers and Responsibilities Act 2000
Private Employment Agents (Code of Conduct) Regulation 2005

text: South Australia[edit]

text:
Freedom of Information Act 1991
State Records Act 1997
Listening and Surveillance Devices Act 1972
Telecommunications (Interception) Act 1988

text: Western Australia[edit]

text:
Freedom of Information Act 1992
Health Services (Conciliation and Review) Act 1995
State Records Act 2000
Spent Convictions Act 1988
Surveillance Devices Act 1998
Telecommunications (Interception) Western Australia Act 1996

text: Tasmania[edit]

text:
Personal Information Protection Act 2004
Right to Information Act 2009
Archives Act 1983
Annulled Convictions Act 2003
Listening Devices Act 1991
Telecommunications (Interception) Tasmania Act 1999

text: Northern Territory[edit]

text:
Information Act 2002
Criminal Records (Spent Convictions) Act 1992
Surveillance Devices Act 2007
Telecommunications (Interception) Northern Territory Act 2001

text: Australian Capital Territory[edit]

text:
Privacy Act 1988 (Cth)
Australian Capital Territory Government Service (Consequential Provisions) Act 1994 (Cth)
Health Records (Privacy and Access) Act 1997
Human Rights Act 2004
Freedom of Information Act 1989
Territory Records Act 2002
Spent Convictions Act 2000
Listening Devices Act 1992


document_title: NBA salary cap

question_text: when was the salary cap introduced to the nba

question_tokens: when was the salary cap introduced to the nba

root

text: NBA salary cap

text: History[edit]

text: The NBA had a salary cap in the mid-1940s, but it was abolished after only one season. The league continued to operate without such a cap until 1984–85 season, when one was instituted in an attempt to level the playing field among all of the NBA's teams and ensure competitive balance for the League in the future. Before the cap was reinstated, teams could spend whatever amount of money they wanted on players, but in the first season under the new cap, they were each limited to $3.6 million in total payroll.

tag: p

text: Under the 2005 CBA, salaries were capped at 57 percent of basketball-related income (BRI) and lasted for six years until June 30, 2011.[4] The next CBA, which took effect in 2011, set the cap at 51.2 percent of BRI in 2011–12, with a 49-to-51 band in subsequent years.[5][6]

text: To ensure the players get their share of the BRI, teams are required to spend 90 percent of the salary cap each year, the salary floor for the 2016–17 season will be 84.73 million.[2]

text: In December 2016, the league and the players' union reached a tentative agreement on a new CBA, with both sides ratifying it by the end of that month.[7] The new agreement will run through the 2023–24 season, with either side able to opt out after the 2022–23 season.[8][9]

text:
NBA Salary Cap in USD[10]

NBA Salary Cap in 2016 USD (Inflation rate through May 2016)[11][12]

tag: table

text: Soft versus hard caps[edit]

text: Unlike the NFL and NHL, the NBA features a so-called soft cap, meaning that there are several significant exceptions that allow teams to exceed the salary cap to sign players. This is done to allow teams to keep their own players, which, in theory, fosters fan support in each individual city. By contrast, the NFL and NHL caps are considered hard, meaning that they offer relatively few (if any) circumstances under which teams can exceed the salary cap. The NBA version of the "soft" cap does, however, offer less leeway to teams than that of the MLB. MLB does allow teams to spend as much as they want on salary, but it penalizes them a percentage of the amount by which they exceed the soft cap. The percentage increases as the number of consecutive years a team exceeds the cap grows, resetting only when a team falls under the cap.

text: Maximum individual contracts under the CBA[edit]

text: The maximum amount of money a player can sign for is based on the number of years that player has played and the total of the salary cap. The maximum salary of a player with 6 or fewer years of experience is either $25,500,000 or 25% of the total salary cap (projected for 2017–18), whichever is greater. For a player with 7–9 years of experience, the maximum is $30,600,000 or 30% of the cap, and for a player with 10+ years of experience, the maximum is $35,700,000 or 35% of the cap.[13] There is an exception to this rule: a player is able to sign a contract for 105% of his previous contract, even if the new contract is higher than the league limit.[14]

text: The 2017 CBA made a subtle change to the determination of maximum salaries. Under the 2011 CBA, the salary cap was based on players receiving 44.74% of the league's basketball-related income (BRI), while the calculation of maximum salaries used a lower figure of 42.14% of BRI. This difference was eliminated in the 2017 CBA, with the same 44.74% of BRI used for both cap and maximum salary calculations.[9]

text: Designated Player[edit]

text: Since the 2011 CBA, each NBA team has been able to nominate a player on his rookie contract to receive a "Designated Player" contract extension. A Designated Player is eligible for a 5-year contract extension, instead of being held to the standard 4-year restriction.[6] From 2011 through the 2016–17 season, a team could only allocate a single Designated Player contract at any one time (if a team had already extended a rookie contract by using the Designated Player extension, they could not create a second Designated Player contract until the current contract expired, or until the player moved to a different team); however the 2011 CBA allowed teams to sign a second Designated Player from another team in addition to the one they already had. All teams were limited to having a maximum of two Designated Players contracted on their roster at any time (one which they had created from one of their own rookie contracts, and one acquired from another team).[15]

text: Under the 2017 CBA, the "Designated Player" limit remains at two, but in a new feature, teams are now able to create Designated Player contracts from their own veteran contracts. In addition, teams may now use their Designated Player slots on any combination of their own rookie contracts, their own veteran contracts, or players acquired in trades.[8]

text: "Derrick Rose" Rule[edit]

text: A Designated Player coming off his contract may be eligible to earn 30% of the salary cap (rather than the standard 25%) if he passes certain criteria. Through the 2017–18 season, in order to be eligible, the player must be voted to start in two All-Star Games, or be named to an All-NBA Team twice (at any level), or be named MVP. Officially titled the "5th Year 30% Max Criteria",[16] it has been dubbed (and is more commonly known as) the "Derrick Rose Rule" after the 2011 MVP,[17] due to the fact that when the criteria were introduced, Rose was the only player in the NBA eligible to sign the maximum extension (due to his MVP award).[18] The reasoning for the rule is to suitably reward players being extended off of their rookie contract who are considered to be of a higher "caliber" than their peers, without restricting them to the lower (25%) salary level.[19] A player may sign a "5th Year, 30% Max" contract before the final year of his rookie contract and before fulfilling the criteria needed to receive the 30% salary grade. Should the player fail to fulfil the criteria before the start of his Designated Player contract, he will receive the standard five-year, 25% Designated Player contract. James Harden of the Houston Rockets and Anthony Davis of the New Orleans Pelicans had such a clause in their contract extensions, but both failed to meet the criteria.[20] The only player in the NBA who was attempting to qualify for a full 30% contract in 2013–14 was Paul George, who signed a provisional 30%/5 year contract in September 2013. George, who had made the All-NBA third team in 2012–13,[21] qualified by again making the All-NBA third team.[22]

text: The 2017 CBA changed the qualification criteria for "5th Year, 30% Max" contracts. Players who come off rookie contracts at the end of the 2017–18 season, or later, must meet any of the following criteria to qualify:[23]

text:
Selection to an All-NBA team (at any level) in the player's fourth season, or in two of the three seasons between his second and fourth seasons.
Selection as Defensive Player of the Year in the player's fourth season, or in two of the three seasons between his second and fourth seasons.
Selection as MVP in any season from the player's second onward.

tag: ul

text: These criteria are identical to those for the veteran player extensions introduced in the 2017 CBA. Had these criteria been part of the 2011 CBA, Rose would still have qualified for a 30% contract, as he was in his third NBA season when he was named MVP.

text: 5/30% Contracts[edit]

text: The following players have signed 5 year/30% contracts:[16]

text:
Derrick Rose (signed with the Chicago Bulls; was later traded to the New York Knicks during the last year on that deal) until 2017 (qualified by winning the 2011 MVP award) [24]
Blake Griffin (signed with the L.A. Clippers; was later traded to the Detroit Pistons in 2018) signed through 2018 (qualified by making the All-NBA second team in 2011–12 and 2012–13)
Paul George (signed with Indiana Pacers; since has been traded to the Oklahoma City Thunder) signed until 2019 (qualified by making the All-NBA third team in 2012–13 and 2013–14)[21][22]

text: 5/25% Contracts[edit]

text: In addition the following players are known to have signed 5 year/25% contracts:[16]

text:
Joel Embiid (Philadelphia 76ers) until 2023
Russell Westbrook (Oklahoma City Thunder) until 2017
Anthony Davis (New Orleans Pelicans) until 2021
John Wall (Washington Wizards) until 2019[25]
James Harden (Houston Rockets) until 2018
Kyrie Irving (Cleveland Cavaliers) until 2020
Kawhi Leonard (San Antonio Spurs) until 2020
Damian Lillard (Portland Trail Blazers) until 2021

text: Kevin Love was eligible for a designated player contract, but the Minnesota Timberwolves opted[26] for a 4-year contract (with a player option year included, potentially allowing him to become an unrestricted free agent) instead.[27] During Kevin Durant's final five seasons with the Oklahoma City Thunder (2011–2016), he received a Designated Player level salary. His contract was initially drawn up before the lockout—during which the Derrick Rose Rule was implemented—but was officially approved under the provisions of the 2005 CBA[28] by the NBA after the lockout. This led some people[29] to question whether the Thunder had (with NBA approval) effectively signed two players as their Designated Player, as both were contracted for 5 years.

text: "Kevin Durant" Rule[edit]

text: The provision in the 2017 CBA that allows teams to create Designated Player contracts for their own veteran players, officially known as the "Designated Veteran Player Extension" (DVPE),[9] came to be called the "Kevin Durant Rule" because it was seen as a reaction to a wave of veteran superstars leaving their teams in free agency, capped off by Durant's departure from the Thunder to the Golden State Warriors in the 2016 offseason. The 2011 CBA allowed all of the teams that were trying to lure Durant to offer him the same initial salary of $26.5 million.[8]

text: For a veteran player to qualify for such an extension, he must be entering his eighth or ninth season in the NBA, and have either:

text:
made the All-NBA team (at any level) in either the season immediately before signing the extension, or two of the three previous seasons;
been named NBA Defensive Player of the Year in either the season immediately before signing the extension, or two of the three previous seasons; or
been named NBA MVP at least once in the previous three seasons.

text: Additionally, the team offering the extension must have originally drafted the player, or obtained him in a trade while he was on his rookie contract.[8]

text: Players who qualify can be offered contracts with a starting salary between 30 and 35% of the salary cap. The extension cannot last more than five years after the expiration of the player's current contract (or five years for a player who is a free agent when signed), but can be negotiated and signed one year before the current contract expires. The extension can be offered to a team's own free agent as well as a player with time left on his contract.[9] Additionally, once a player signs a DVPE, he cannot be traded for one year.[30]

text: Ironically, while the rule was intended to encourage star players to stay with their current teams, the first major move by an NBA team involving a player eligible for the DVPE was the Sacramento Kings' trade of DeMarcus Cousins to the New Orleans Pelicans during the 2017 All-Star break. Cousins' contract with the Kings was not set to expire until 2018, but he was eligible to sign a DVPE after the 2016–17 season for up to $209 million over five years, a financial commitment that the Kings were apparently unwilling to make.[30]

text: Players eligible for DVPE[edit]

text: Following the announcement of the 2016–17 All-NBA team, four players were eligible to sign DVPE contracts during the 2017 offseason. All four were named to one of the three All-NBA teams for that season; two were already eligible under the new criteria.[31]

text:
Stephen Curry, Golden State Warriors (met DVPE criteria before the 2016–17 season)
James Harden, Houston Rockets
John Wall, Washington Wizards
Russell Westbrook, Oklahoma City Thunder (met DVPE criteria before the 2016–17 season)

text: Harden and Westbrook would not have qualified under the standard DVPE criteria because both signed extensions to their contracts in the 2016 offseason, Harden for two years and Westbrook for one. The players' union and owners negotiated a special dispensation allowing them to sign DVPE contracts should they otherwise qualify.[31]

text: The most recent player to qualify for a DVPE contract, also known as a "supermax" contract, is Anthony Davis, who has played his entire NBA career to date with the New Orleans Pelicans. He qualified by being named to the All-NBA first team in 2017–18, enabling the Pelicans to offer him a five-year extension worth up to $230 million, effective with the 2019–20 season.[32]

text: DVPE Contracts[edit]

text: The first player to sign a supermax contract was Stephen Curry, who agreed to a new five-year DVPE deal with the Warriors, worth $201 million, that runs through the 2021–22 season. Curry signed the contract once the NBA's free agency moratorium ended on July 6, 2017.[33]

text: Shortly thereafter, James Harden agreed on a DVPE with the Rockets. At the time of signing, his current contract had two years remaining with total pay of $59 million; the extension will add another $170 million over four seasons, ending in 2022–23.[34]

text: The next supermax signing was that of John Wall, who agreed later in July to a four-year, $170 million extension that will start in 2019–20.[35] In late September, Russell Westbrook became the fourth and final supermax signing of the 2017 offseason, signing a five-year, $205 million extension that will start in 2018–19.[36]

text: Exceptions[edit]

text: Because the NBA's salary cap is a soft one, the CBA allows for several important scenarios in which a team can sign players even if their payroll exceeds the cap. The exceptions are as follows:

text: Mid-level exception[edit]

text: Once a year, teams can use a mid-level exception (MLE) to sign a player to a contract for a specified maximum amount. The amount of the MLE and its duration depend on the team's cap status. In the 2017 CBA, the MLE was initially set at $8.406 million in the 2017–18 season for teams that are over the cap either before or after the signing, but under the luxury tax apron, set at $6 million above the tax line. Teams can use this exception to offer contracts of up to four years. Teams above the apron have an MLE initially set at $5.192 million, allowing contracts of up to three years. Teams with cap room, which were ineligible for the MLE before the 2011 CBA, have an MLE initially set at $4.328 million that allows two-year contracts. In subsequent seasons, all MLE amounts will be determined by applying the percentage change of the salary cap to the previous exception amount.[37]

text: Before the 2011 CBA, the MLE was equal to the average NBA salary for all teams over the cap; teams with cap room were then ineligible for the MLE.[6] The Mid-Level Exception for the 2008–09 NBA season was $5.585 million.[38] The MLE was $5.854 million for the 2009–10 NBA regular season.[39]

text: Under the 2017 CBA, the apron was initially set at $6 million above the tax line for the 2017–18 season. In a new feature, the apron will change from season to season, with the percentage change (up or down) set at half of the rate of change of the cap for that season.[9]

text: Bi-annual exception[edit]

text: The bi-annual exception can currently be used by teams below the apron to sign a free agent to a contract starting at $3.29 million.[37] Like the mid-level exception, the bi-annual exception can also be split among more than one player, and can be used to sign players for up to two years; raises were originally limited to 8% per year, but in the 2017 CBA are limited to 5%. This exception was referred to as the "$1 million exception" in the 1999 CBA, although it was valued at $1 million for only the first year of the agreement.

text: An example of the bi-annual exception was the Los Angeles Lakers' signing of Karl Malone to a contract before the 2003–04 season.

text: The exception was eliminated for teams above the tax apron following the 2011 NBA lockout as many high spending teams were using this as a tool to gain top paid players.[6]

text: A team cannot use this exception in consecutive years; a team that used it in 2016–17 (under the 2011 CBA) cannot use it in 2017–18 (under the 2017 CBA). It also cannot be used by a team that has already used an MLE in the same season. Additionally, once a team uses the bi-annual exception, the tax apron becomes a hard salary cap for the remainder of that season.[37]

text: Rookie exception[edit]

text: The NBA allows teams to sign their first-round draft choices to rookie "scale" contracts even if their payroll exceeds the cap.

text: Two-way contracts[edit]

text: The 2017 CBA introduced two-way contracts between NBA teams and players in the NBA G League (formerly the D-League). Before the 2017 CBA, all D-League players were contracted directly with the league, and all D-League players could be called up by any NBA team, regardless of whether they were affiliated with the player's D-League team. Now, each NBA team can sign two players to contracts that allow them to assign the players to the G League without risk of being "poached" by another NBA team. The players signed to such deals benefit by receiving a considerably higher salary than other G League players while in that league, as well as earning a prorated share of the NBA minimum rookie salary for each day they are with their contracted NBA team. Salaries of two-way players are not included in salary cap calculations.[40] Additionally, a team can convert a two-way contract to a standard NBA contract at any time, with the player's salary becoming the NBA minimum for the player's years of service, prorated from the time of the conversion;[41] a converted contract also does not count in cap calculations.[40]

text: Larry Bird exception[edit]

text: Perhaps the most well-known of the NBA's salary cap exceptions is the Larry Bird exception, so named because the Boston Celtics were the first team permitted to exceed the salary cap to re-sign one of their own players (in that case, Larry Bird). Free agents who qualify for this exception are called "qualifying veteran free agents" or "Bird Free Agents" in the CBA, and this exception falls under the terms of the Veteran Free Agent exception. In essence, the Larry Bird exception allows teams to exceed the salary cap to re-sign their own free agents, at an amount up to the maximum salary. To qualify as a Bird free agent, a player must have played three seasons without being waived or changing teams as a free agent. Players claimed after being amnestied have their Bird rights transferred to their new team. Other players claimed off waivers are not eligible for the full Bird exception, but may qualify for the early Bird exception. Prior to an arbitrator ruling in June 2012, all players that were waived and changed teams lost their Bird rights.[42][43] This means a player can obtain "Bird rights" by playing under three one-year contracts, a single contract of at least three years, or any combination thereof. It also means that when a player is traded, his Bird rights are traded with him, and his new team can use the Bird exception to re-sign him. Since the 2011 CBA, Bird-exception contracts can be up to five years in length, down from six under the 2005 CBA.[6][37]

text: Early Bird exception[edit]

text: The lesser form of the Larry Bird exception is the "early Bird" exception. Free agents who qualify for this exception are called "early qualifying veteran free agents", and qualify after playing two seasons with the same team. Players that are traded or claimed off waivers have their Bird rights transferred to their new team. Prior to an arbitrator ruling in June 2012, all players that were waived and changed teams lost their Bird rights.[42][43] Using this exception, a team can re-sign its own free agent for either 175% of his salary the previous season, or the NBA's average salary, whichever is greater. Early Bird contracts must be for at least two seasons, but can last no longer than four seasons. If a team agrees to a trade that would make a player lose his Early Bird Rights, he has the power to veto the trade.

text: A much-publicized example for this was Devean George, who vetoed his inclusion into a larger trade during the 2007–08 season that would have sent him from the Dallas Mavericks to the New Jersey Nets.

text: Non-Bird exception[edit]

text: "Non-qualifying free agents" (those who do not qualify under either the Larry Bird exception or the early Bird exception) are subject to the non-Bird exception. Under this exception, teams can re-sign a player to a contract beginning at either 120% of his salary for the previous season, or 120% of the league's minimum salary, whichever amount is higher. Contracts signed under the Non-Bird exception can last up to four years (down from six under the 2005 CBA).

text: Minimum Salary Exception[edit]

text: Teams can sign players for the NBA's minimum salary even if they are over the cap, for up to two years in length. In the case of two-year contracts, the second-season salary is the minimum salary for that season. The contract may not contain a signing bonus. This exception also allows minimum-salary players to be acquired via trade. There is no limit to the number of players that can be signed or acquired using this exception.

text: Traded Player Exception[edit]

text: If a team trades away a player with a higher salary than the player they acquire in return (the deal hereafter referred to as "Trade #1"), they receive a Traded Player Exception, also known as a "Trade Exception." Teams with a trade exception have up to a year in which they can acquire more salary in other trades (Trade #2, #3, etc.) than they send away, as long as the gulf in salaries for Trade #2, #3, etc. are less than or equal to the difference in salary for Trade #1. This exception is particularly useful when teams trade draft picks directly for a player; since draft picks have no salary value, often the only way to get salaries to match is to use a trade exception, which allows trades to be made despite unbalanced salaries. It is also useful to compensate teams for losing free agents, as they can do a sign and trade of that free agent to acquire a trade exception that can be used later. Note this exception is for single player trades only, though additional cash and draft picks can be part of the trade.

text: Disabled Player Exception[edit]

text: Allows a team that is over the cap to acquire a replacement for a disabled player who will be out for either the remainder of that season (for in-season injuries/deaths) or the next season (if the disability occurs during the offseason). The maximum salary of the replacement player is either 50% of the injured player's salary, or the mid-level exception for a non-taxpaying team, whichever is less. This exception requires an NBA-designated doctor to verify the extent of the injury. Under the 2005 CBA, a team could sign a player under this exception for five years; since the 2011 CBA, it has been allowed only for one year.[6]

text: Note that while teams can often use one exception to sign multiple players, they cannot use a combination of exceptions to sign a single player.

text: Reinstatement[edit]

text: A player banned from the league for a drug-related offense who is reinstated may be re-signed by his prior team for a salary up to his previous salary.[13]

text: Free agency[edit]

text: There are two types of free agency under the NBA's Collective Bargaining Agreement: Unrestricted and Restricted.

text: Unrestricted free agent[edit]

text: An unrestricted free agent is free to sign with any team that they choose to.

text: Restricted free agent[edit]

text: A restricted free agent is subject to his current team's Right of First Refusal, meaning that the player can be signed to an offer sheet by another team, but his current club reserves the right to match the offer and keep the player. An offer sheet is a contract offer of at least two years made by another team to a restricted free agent.[13] The player's current club has three days to match the offer or they lose the player to the new team; the CBA prior to 2011 allowed seven days.[44]

text: For first-round draft picks, restricted free agency is only allowed after a team exercises its option for a fourth year, and the team makes a Qualifying Offer at the Rookie-scale amount after the fourth year is completed. For any other player to be a restricted free agent, he must be at most a three-year NBA veteran, and his team must have made a Qualifying Offer for either 125% of his previous season's salary or the minimum salary plus $200,000, whichever offer is higher.[13]

text: Teams are limited in what they can offer an unrestricted free agent with two years or less experience. The maximum first-year salary in an offer sheet is the mid-level exception. The second-year salary can be raised a maximum of 4.5%. The third year salary is limited to the maximum a team has available in their salary cap. The salary in the fourth season may increase (or decrease) by up to 4.1% of the salary in the third season. The offer sheet can only increase in the third season if it provides the highest salary allowed in the first two seasons, the contract is fully guaranteed, and it contains no bonuses.[13][45] A player's original team can use the Early Bird exception or their Mid-Level exception to re-sign the player.[13]

text: If the raise in the third season is greater than 4.5% of the first year, the offering team must be able to fit the average of the entire contract under their cap. Through the 2016–17 season, the accounting was different for the player's original team, where the player's salary for a given year—not the contract's average—was counted against the cap. In some cases, the offering team could exploit a loophole to create what is referred to as a poison pill for the player's original team, potentially forcing the original team to pay the luxury tax by the third season, as the Houston Rockets did in order to sign Jeremy Lin and Ömer Aşık away from the New York Knicks and Chicago Bulls, respectively. This could discourage them from matching the offer sheet.[46][47]

text: The 2017 CBA changed the accounting rules for the player's original team in this scenario. If the original team matches, and has enough cap space to absorb the average annual salary of the offer, it can choose to take cap hits of either the actual contract payouts or the average of the contract in each season.[9]

text: Before the 2005 CBA, the original team could only use an exception to re-sign a player who had been drafted in the first round. The 2005 CBA allowed teams to use exceptions on non-first-round picks, with the extension named the "Gilbert Arenas Rule". In 2003, Gilbert Arenas, who had been a second-round pick in 2001, signed a six-year, $60 million contract with the Washington Wizards after his original team, the Golden State Warriors, were unable to match the offer since they were over the salary cap.[48]

text: July moratorium[edit]

text: Players on a team's season-ending roster remain under contract with their respective team until the start of free agency on July 1.[49] During a period in the beginning of July, teams may begin negotiating with free agents, but trades cannot be made and most free agents cannot be signed. The salary cap for the upcoming year is not set until the league's audit is completed by the end of the period. Contracts that are allowed during this period are limited to:

text:
Rookie scale contracts to first round draft picks.
A second round draft pick can accept a required tender, which is a one-year contract that teams are required to offer in order to retain their rights to the player.
A restricted free agent can accept a qualifying offer from his previous team.
A restricted free agent finishing the fourth season of his rookie scale contract can accept a maximum qualifying offer. The actual amount is not determined until the end of the moratorium.
Teams may sign players to contracts of one or two years for the minimum salary.[13]

text: During the moratorium, teams are restricted from commenting on deals.[50] Contracts can be signed once the moratorium ends.[13]

text: Cap holds[edit]

text: The end of a free agent's contract does not remove him from a team's cap calculations. During the free agency period (from July 1 until the player signs with a team, or the free agent's former team renounces its rights), each free agent carries a specified salary cap charge for his last team, most often called a "cap hold". Normally, the cap hold can be no more than a player's maximum salary, or less than his minimum salary, based on years of service. The only exception is for free agents who made the minimum salary in the previous season; if the league reimbursed the team for a portion of his salary in the last season of his contract, the reimbursement is not counted in the cap hold. Apart from these restrictions, the cap hold varies based on the status of the free agent and his salary in the previous season:[51]

text:
Bird free agent:

If not coming off a rookie scale contract, and salary was at or above the estimated average salary,[a] 150% of previous salary.
If not coming off a rookie scale contract, and salary was below the estimated average salary, 190% of previous salary.
If coming off the fourth season of a rookie scale contract, and salary was at or above the estimated average salary, 200% of previous salary.
If coming off the fourth season of a rookie scale contract, and salary was below the estimated average salary, 250% of previous salary.
If coming off the third season of a rookie scale contract, the maximum amount that the team can pay under the Bird exception.

Early Bird:

If coming off the second season of a rookie scale contract, the maximum amount that the team can pay under the Bird exception.
Otherwise, 130% of previous salary.

Non-Bird: 120% of previous salary.

text: The 2017 CBA will increase some cap holds from those found in the 2011 CBA as follows:[9]

text:
Unsigned first-round draft picks: 120% of rookie scale (up from 100%)
Bird free agent (as of the 2018–19 season):

If coming off the fourth season of a rookie scale contract, and salary was at or above the estimated average salary, 250% of previous salary (up from 200%).
If coming off the fourth season of a rookie scale contract, and salary was below the estimated average salary, 300% of previous salary (up from 250%).

text: Rookie scale salary[edit]

text: First-round draft choices are assigned salaries according to their draft position. The first overall pick receives more than the second pick, the second more than the third, and so on. Each contract is for two years, with a team option for the third and fourth seasons (CBAs before 2011 provided for three-year contracts with an option for the fourth season), with built-in raises every year to compensate for increases in the average salary. A team may elect to exceed rookie scale for a drafted player that was unsigned for which they retained his draft rights three seasons after the draft. The contract would be for at least three seasons, with a maximum value up to the team's available cap room.[53]

text: In 2017, the scale for lottery picks was as follows:

text: Second-round picks are not subject to a scale, and technically can be paid anywhere from the minimum to the maximum contract amount. In practice, they rarely receive more than the minimum.[54]

text: Prior to the 2017 CBA, the rookie scales for each season were negotiated into the agreement. For the current agreement, only the rookie scales for the 2017–18 season were determined in advance. In subsequent seasons, the percentage change in the salary cap will be applied to all dollar amounts in the previous season's scale. Amounts that are expressed as a percentage of salary, such as the allowable salary change from the third to the fourth season of the rookie contract, remain the same from season to season.[55]

text: Options[edit]

text: Many NBA contracts are structured with options for either the player or the team. An option simply gives the party that controls the option the right to extend the contract for one more season at a salary no less than the prior year's amount.

text: Sign and trade agreements[edit]

text: When a team is willing to sign an upcoming free agent, but the player's current team wants something in return, it might be in the best interest of both clubs to execute a sign-and-trade deal. This occurs when one team signs one of its free agents and immediately trades that player to another team. A sign-and-trade is beneficial to both the player and the teams; the player receives a bigger contract than he might ordinarily get from a team that he would like to play for, while the trading club gets something in return for a free agent, and the recipient of the trade gets the player they desire. Sign-and-trades are a reality in the NBA because of the CBA's rules: unlike baseball, where teams losing free agents are compensated with draft picks or cash, NBA teams that lose free agents receive no compensation.

text: When a team initiates a sign-and-trade agreement, it must trade the signed player immediately; teams cannot renege on the arrangement and keep the player for themselves, using the other team's financial situation to leverage the signee into a more favorable deal for themselves. Also, the contract signed before the trade must be for at least 3 years, with the first year guaranteed. Because of the contract length requirement, the signing team cannot use an exception that cannot be used to offer a contract of 3 or more years.[56]

text: Since the 2011 CBA, the signed player must have been on the roster of his previous team at the end of the last regular season. Previous agreements allowed teams to sign-and-trade any player to whom they held Bird rights, which do not automatically disappear with a player's retirement—for example, in July 2012, the Los Angeles Lakers still held Bird rights to John Salley, who had not played since 2000. In the 2007–08 season, two teams used sign-and-trades on players who had been out of the league. The Dallas Mavericks signed Keith Van Horn out of retirement as part of a package to acquire Jason Kidd, and the Lakers did the same with Aaron McKie to facilitate their deal for Pau Gasol.[57]

text: The 2011 CBA put further restrictions on sign-and-trades, with these restrictions maintained in the 2017 CBA. Since the 2013–14 season, the payroll of the receiving team cannot exceed the so-called "apron" (as of 2017–18 set at $6 million above the tax line) as a result of the trade, and a team that has used the taxpayers' MLE cannot receive a player in a sign-and-trade in that season. Additionally, the apron becomes a hard salary cap for the first season after the signing. Teams above the apron before the trade cannot receive a player unless the trade leaves the team below the apron.[56]

text: Over-38 rule[edit]

text: The cap also includes a provision to close a potential loophole that would provide incentives for teams to skirt the cap by signing an older player to a long-term deal that would not end until after the team expects the player to retire. Cap analyst Larry Coon outlined how this potential loophole would work:[58]

text: For example, suppose the Non-Taxpayer Mid-Level exception is $9 million. With 5% raises, a three-year contract would total $28.35 million. But if they added a fourth year to the contract, the salary would total $38.7 million. If the player retires after three seasons and continues drawing his salary for the additional season, then he effectively will be paid $38.7 million for three years' work. In essence, they are giving the player a three-year contract with additional deferred compensation.

text: To address this issue, CBAs since at least the 1990s have included what is now called the "over-38 rule", under which certain contracts that extend past the player's 38th birthday[b] are presumed to cover seasons following the player's expected retirement. The age threshold that triggered this rule was originally set at 35, changed to 36 in the 1999 CBA, and changed again to 38 in the 2017 CBA. The salary for any years that come after the player's 38th birthday is presumed to be deferred compensation, and is shifted for cap purposes to the under-38 seasons of the deal, with the over-38 year(s) being referred to as "zero years" in the CBA. If the player continues to play under the deal (proving the presumption of retirement wrong), the salary that had originally been treated as deferred is distributed evenly over the remaining years of the contract, starting with the second season before the zero years. This rule had been a larger issue before the 2011 CBA, which limited the maximum contract length to 5 years.[58]

text: While the threshold age was changed in the 2017 CBA, the mechanics of the rule remained the same. Notably, several members of the union's executive committee at the time the 2017 CBA was negotiated were older players who were seen as potential major beneficiaries of a change to an over-38 rule. For example, the change to an over-38 rule gave union president Chris Paul, scheduled to become a free agent after the 2016–17 season, a potential gain of nearly $50 million over the life of his next contract. Similarly, executive committee members LeBron James and Carmelo Anthony, who could opt out of their current contracts after the same season, had the potential for similar gains with this change.[8][9]

text: Trading and the salary cap[edit]

text:
Teams below the salary cap may trade without regard to salary, as long as they don't end up more than $100,000 above the cap following a trade.
Teams above the cap (or teams below the cap but would end up more than $100,000 over the cap following a trade) cannot acquire more than 125% plus $100,000 of the salary they trade away. Under the 2011 CBA, teams that remain below the luxury tax threshold even after the trade can acquire the lesser of 150% plus $100,000, or 100% plus $5 million, of the salary they trade away.[6] There is no lower limit—teams may divest themselves of as much salary as they wish (or can convince another team to take on) in a trade.
No free agent signed in the offseason can be traded until December 15 of that year or until three months have passed (whichever comes later), a rule that prevents teams from signing free agents with the intent of using them strictly as trade fodder. For draft picks this moratorium lasts 30 days.
If teams acquire a player in a trade, they are allowed to trade that player straight-up for another individual player immediately. However, if teams wish to package that player with another and make a trade, they must wait 60 days before doing so.

text: The tight salary-matching rules of the 2005 CBA often required what NBA cap analyst Larry Coon called "trade ballast"—extra players added to a deal solely for salary matching, who would typically be waived by their new teams. Under that CBA, such players were restricted from rejoining their original teams for 30 days during the season or 20 days in the offseason. This led to what Coon called "wink-wink deals where players are traded with the full expectation of returning later." A notable example of such a deal occurred in the 2009–10 season, in which the Cleveland Cavaliers included Zydrunas Ilgauskas in their trade with the Washington Wizards for Antawn Jamison. Ilgauskas was waived a week later without ever appearing in a game for the Wizards, and re-signed with Cleveland after the 30-day waiting period passed. Under the 2011 CBA, a player acquired in a trade and waived by his new team cannot re-sign with his original team until one year after the trade or July 1 after the expiration of his contract, whichever is sooner.[6]

text: Base year compensation[edit]

text: Certain players in the first few months of a new contract are subject to base year compensation (BYC). The intent of BYC is to prevent teams from re-signing players to salaries specifically targeted to match other salaries in a trade (in other words, salary should be based on basketball value, not trade value). A BYC player's trade value as outgoing salary is 50% of his new salary, or his previous salary, whichever is greater. BYC applies only to players who re-sign with their previous team and receive a raise greater than 20%. It also applies only when (and as long as) the team is over the salary cap. Under the 2011 CBA, players subject to BYC cannot be traded before January 15 except in a sign-and-trade, and BYC is only applied to outgoing salary in sign-and-trade deals.[6]

text: Waivers[edit]

text: NBA teams can release a player to the waiver wire, where he can stay for 48 hours (during the regular season). While he is on waivers, other teams may claim him, for his existing salary. If he is not claimed, he is said to have "cleared waivers", and is treated like any free agent, able to sign with any team (with the special restriction noted above for players who were traded and then waived).

text: Players waived after March 1 are not eligible to be on a team's playoff roster.[59] The deadline was March 23 during the lockout-shortened 2011–12 season.[13]

text: Released players[edit]

text: Released/waived players with guaranteed contracts continue to be included in their former team's payroll. Players whose contracts are guaranteed are included in team salary in the amount they made while they were with the team. Players on non-guaranteed "summer contracts" are not included in team salary unless they make the regular season roster.

text: If another team signs a released player who had a guaranteed contract (as long as the player has cleared waivers), the player's original team is allowed to reduce the amount of money they still owe the player (and lower their team payroll) by the right of set-off. This is true if the player signs with any professional team—it does not even have to be an NBA team. The amount the original team gets to set off is limited to one-half the difference between the player's new salary and a pro-rated share of the minimum salary for a one-year veteran (if the player is a rookie, then the rookie minimum is used instead).

text: Stretch provision[edit]

text: Both the 2005 and 2011 CBAs contained a so-called "stretch" provision regarding payment of guaranteed money to waived players and its effect on the salary cap; the 2011 provisions were kept in the 2017 CBA.

text: Under the 2005 CBA, players and teams could alter the schedule of payments to waived players by mutual agreement. The remaining guaranteed salary was equally spread across the remaining years of the player's contract.[6]

text: The 2011 CBA dramatically changed this regime. While contracts signed under the 2005 CBA remained under the original scheme, different rules apply to contracts signed since the 2011 CBA went into effect. Today, when a team waives a player, it can spread the remaining guaranteed salary (and its accompanying cap hit) over twice the remaining length of the contract, plus one year. According to Coon, "if a team has an underperforming player with one season remaining at $12 million, the team can waive him and stretch his salary across three seasons at $4 million per season."[6]

text: Amnesty clause[edit]

text: The NBA Amnesty Clause provided franchises a means of escaping a contractual obligation to a player whose performance falls far short of the extremely large salary they initially agreed to pay him. Under the 2010 Collective Bargaining Agreement (CBA), each franchise is allowed to waive just one player prior to the start of any season between the 2011–12 and 2015–16 seasons. The remaining salary still contractually owed will not be included in the salary cap or luxury tax totals of the team terminating his employment. Only players signed prior to the 2011–12 season can be "amnestied".[60] The clause can be exercised during the seven days following the NBA's July moratorium period on player transactions.[c][13] The clause's provisions allow a rival team to claim an amnestied player at a significantly (often, dramatically) reduced salary; the waiving team only has to pay the player the remaining balance. The team with the highest bid acquires the player. If unclaimed, the player becomes a free agent.[6] Teams over the salary cap can only acquire an amnestied player if he becomes a free agent and the offer would be limited to the veteran's minimum contract.[61]

text: Under the 2005 CBA, one player could be waived prior to the start of the 2005–06 season and not count toward the luxury tax. Unlike the 2011 CBA, the player still counted under the salary cap.[6] The 2005 amnesty provision was derisively named the "Allan Houston Rule", but his team, the New York Knicks, actually didn't use the measure on Houston—they instead applied it to Jerome Williams due to Allan Houston later retiring under medical circumstances the same season.[62] Ironically enough, Jerome Williams would retire as well from the NBA just two days after being under the amnesty clause for the Knicks that season.

text:
Season
Season the amnesty clause was exercised.

Team
Team that exercised the clause.

Player
Player that was amnestied by the team.

Next team
The team the player joined after being amnestied.

Bid amount
The bid amount used by the next team if the player was claimed off waivers. All unclaimed players become free agents.

*
Denotes the team claimed the player off waivers (i.e. he was not a free agent).

N/A
Denotes the player wasn't selected to join a new team (i.e. retirement) and/or wasn't bid on.

text:
Players amnestied under the 2011 CBA

Season
Team
Player
Next team
Bid amount
Ref

2011–12
Orlando Magic
Arenas, GilbertGilbert Arenas
Memphis Grizzlies
N/A
[13]

Golden State Warriors
Bell, CharlieCharlie Bell
 Juvecaserta Basket
N/A

New York Knicks
Billups, ChaunceyChauncey Billups
Los Angeles Clippers*
$2,000,032

Cleveland Cavaliers
Davis, BaronBaron Davis
New York Knicks
N/A

New Jersey Nets
Outlaw, TravisTravis Outlaw
Sacramento Kings*
$12,000,000

Indiana Pacers
Posey, JamesJames Posey
N/A (Retired)[I]
N/A

Portland Trail Blazers
Roy, BrandonBrandon Roy
Minnesota Timberwolves[II]
N/A

2012–13
Philadelphia 76ers
Brand, EltonElton Brand
Dallas Mavericks*
$2,100,000
[63]

Minnesota Timberwolves
Miličić, DarkoDarko Miličić
Boston Celtics
N/A
[64]

Dallas Mavericks
Haywood, BrendanBrendan Haywood
Charlotte Bobcats*
$2,000,500
[65]

Houston Rockets
Scola, LuisLuis Scola
Phoenix Suns*
$13,500,000
[66]

Phoenix Suns
Childress, JoshJosh Childress
Brooklyn Nets
N/A
[67]

Washington Wizards
Blatche, AndrayAndray Blatche
Brooklyn Nets
N/A
[68]

Denver Nuggets
Andersen, ChrisChris Andersen
Miami Heat
N/A
[69]

Los Angeles Clippers
Gomes, RyanRyan Gomes
 Artland Dragons
N/A
[70]

2013–14
Los Angeles Lakers
World Peace, MettaMetta World Peace
New York Knicks
N/A
[71]

Charlotte Bobcats
Thomas, TyrusTyrus Thomas
Iowa Energy
N/A
[72]

Milwaukee Bucks
Gooden, DrewDrew Gooden
Washington Wizards
N/A
[73]

Toronto Raptors
Kleiza, LinasLinas Kleiza
 Fenerbahçe Ülker
N/A
[74]

Miami Heat
Miller, MikeMike Miller
Memphis Grizzlies
N/A
[75]

2014–15
Chicago Bulls
Boozer, CarlosCarlos Boozer
Los Angeles Lakers*
$3,200,000
[76]

text:
Jump up ^ Posey would be retired from the NBA before he could find another team that he could play for, with him taking on an assistant coaching role for the Canton Charge in the D-League in the 2013–14 season.
Jump up ^ Roy initially retired from basketball due to persistent knee injuries and was then amnestied by Portland. However, after a year of inactivity, he returned to the NBA.

tag: ol

text: Luxury tax[edit]

text: While the soft cap allows teams to exceed the salary cap indefinitely by re-signing their own players using the "Larry Bird" family of exceptions, there are consequences for exceeding the cap by large amounts. A luxury tax payment is required of teams whose payroll exceeds a certain "tax level", determined by a complicated formula, and teams exceeding it are punished by being forced to pay bracket-based amounts for each dollar by which their payroll exceeds the tax level.

text: While most NBA teams hold contracts valued in excess of the salary cap, few teams have payrolls at luxury tax levels. The tax threshold in 2005–06 was $61.7 million. In 2005–06, the New York Knicks' payroll was $124 million, putting them $74.5 million above the salary cap, and $62.3 million above the tax line, which Knicks owner James Dolan paid to the league. Tax revenues are normally redistributed evenly among non-tax-paying teams, so there is often a several-million-dollar incentive to owners not to pay the luxury tax.

text: The luxury tax level for the 2008–09 season was $71.15 million.[38] For the 2009–10 season, the luxury tax level was set at $69.92 million.[39] The luxury tax level for the 2010–11 and 2012–13 NBA seasons was $70,307,000.[77]

text: The 2011 CBA instituted major changes to the luxury tax regime. The previous CBA had a dollar-for-dollar tax provision system, which remained in effect through the 2012–13 season. Teams exceeding the tax level were punished by being forced to pay one dollar to the league for each dollar by which their payroll exceeded the tax level. Starting in 2013–14, the tax changed to an incremental system. Under the current system, tax is assessed at different levels based on the amount that a team is over the luxury tax threshold.[78] The scheme is not cumulative—each level of tax applies only to amounts over that level's threshold. For example, a team that is $8 million over the tax threshold will pay $1.50 for each of its first $5 million over the tax threshold, and $1.75 per dollar for the remaining $3 million. Starting in 2014–15, "repeat offenders", subject to additional penalties, are defined as teams that paid tax in previous seasons. In the first season, repeat offenders from in all previous three seasons will pay a stiffer tax rate; from 2015–16 thereafter, teams paying taxes in three out of four years will be subject to the higher repeater rate.[13] As in the previous CBA, the tax revenue is divided among teams with lower payrolls.[79] However, under the new scheme, no more than 50% of the total tax revenue can go exclusively to teams that did not go over the cap.[6] Initial reports did not specify the use of the remaining 50% under the 2011 CBA,[6] but it was later confirmed that this amount would be used to fund revenue sharing for the season during which tax was paid.[80]

text: For the 2013–14 season, the luxury tax threshold was set at $71.748 million. The Brooklyn Nets, whose payroll for that season was projected to be over $100 million, would face a luxury tax bill above $80 million, resulting in a total payroll cost of $186 million.[81]

text: Tax levels from 2013–14[edit]

text:
Amount over tax threshold
Standard tax per excess dollar
Repeat offender tax per excess dollar

$4,999,999 or less
$1.50
$2.50

$5 million to $9,999,999
$1.75
$2.75

$10 million to $14,999,999
$2.50
$3.50

$15 million to $19,999,999
$3.25
$4.25

Over $20 million
$3.75 + $0.50 per $5 million
$4.75 + $0.50 per $5 million

text: Notes[edit]

text:
Jump up ^ Average player salaries for a season are not determined until the NBA completes its annual audit in July. Because the free agency period starts before the actual average salary for the just-finished season is available, the league uses an "estimated average salary", fixed in the CBA at 104.5% of the most recent audited average salary (from one season before the just-finished one), to determine cap holds, Early Bird exception amounts, and salaries for reinstated players until the audited numbers become available.[52]
Jump up ^ For the purposes of the over-38 rule only, seasons start on October 1. A player's age for a contract year is considered to be his age as of September 30.[58]
Jump up ^ For the 2011–12 season, that period was December 9–16, 2011, due to the delayed start of the season after the lockout.


document_title: Week

question_text: where did the 7 days of the week come from

text: Week

text: Name[edit]

text: The English word week comes from the Old English wice, ultimately from a Common Germanic *wikōn-, from a root *wik- "turn, move, change". The Germanic word probably had a wider meaning prior to the adoption of the Roman calendar, perhaps "succession series", as suggested by Gothic wikō translating taxis "order" in Luke 1:8.

text: The seven-day week is named in many languages by a word derived from "seven". The archaism sennight ("seven-night") preserves the old Germanic practice of reckoning time by nights, as in the more common fortnight.[1] Hebdomad and hebdomadal week both derive from the Greek hebdomás (ἑβδομάς, "a seven"). The obsolete septimane is cognate with the Romance terms derived from Latin septimana ("a seven").

text: Slavic has a formation *tъ(žь)dьnь (Serbo-Croatian тједан, Ukrainian тиждень, Czech týden, Polish tydzień), from *tъ "this" + *dьnь "day", in some cases alongside nedělja (OCS нєдѣлꙗ), a loan-translation of Latin feria and sedmitsa (седмица), as ἑβδομάς derived from "seven". Chinese has 星期, as it were "planetary time unit".

text: Definition and duration[edit]

text: A week is defined as an interval of exactly seven days,[2] so that technically, except at daylight saving time transitions or leap seconds,

text: With respect to the Gregorian calendar:

text:
1 Gregorian calendar year = 52 weeks + 1 day (2 days in a leap year)
1 week =  1600⁄6957 ≈ 22.9984% of an average Gregorian month

text: In a Gregorian mean year, there are 365.2425 days, and thus exactly  52 71⁄400 or 52.1775 weeks (unlike the Julian year of 365.25 days or  52 5⁄28 ≈ 52.1786 weeks, which cannot be represented by a finite decimal expansion). There are exactly 20,871 weeks in 400 Gregorian years, so 3 October 1617 was a Tuesday just like 3 October 2017.

text: Relative to the path of the Moon, a week is 23.659% of an average lunation, or 94.637% of an average quarter lunation.

text: Historically, the system of Dominical letters (letters A to G identifying the weekday of the first day of a given year) has been used to facilitate calculation of the day of week. The day of the week can be easily calculated given a date's Julian day number (JD, i.e. the integer value at noon UT): Adding one to the remainder after dividing the Julian day number by seven (JD modulo 7 + 1) yields that date's ISO 8601 day of the week (for example, the Julian day number of 3 October 2017 is 2458030. Calculating (2458030 mod 7 + 1) yields 2, corresponding to Tuesday.).[3]

text: Days of the week[edit]

text: The days of the week were originally named for the classical planets. This naming system persisted alongside an "ecclesiastical" tradition of numbering the days, in ecclesiastical Latin beginning with dominica (the Day of the Lord) as the first day. The Greco-Roman gods associated with the classical planets were rendered in their interpretatio germanica at some point during the late Roman Empire, yielding the Germanic tradition of names based on indigenous deities.

text: The ordering of the weekday names is not the classical order of the planets (by distance in the planetary spheres model, or, equivalently, by their apparent speed of movement in the night sky). Instead, the planetary hours systems resulted in succeeding days being named for planets that are three places apart in their traditional listing. This characteristic was apparently discussed in Plutarch in a treatise written in c. AD 100, which is reported to have addressed the question of Why are the days named after the planets reckoned in a different order from the actual order? (the text of Plutarch's treatise has been lost).[4]

text:
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday

Planet
Sun
Moon
Mars
Mercury
Jupiter
Venus
Saturn

Greco-Roman deity
Helios-Sol
Selene-Luna
Ares-Mars
Hermes-Mercury
Zeus-Jupiter
Aphrodite-Venus
Cronus-Saturn

Greek:
ἡμέρα Ἡλίου
ἡμέρα Σελήνης
ἡμέρα Ἄρεως
ἡμέρα Ἑρμοῦ
ἡμέρα Διός
ἡμέρα Ἀφροδίτης
ἡμέρα Κρόνου

Latin:
dies Sōlis
dies Lūnae
dies Martis
dies Mercuriī
dies Iovis
dies Veneris
dies Saturnī

interpretatio germanica
Sun
Moon
Tiwaz
Wodanaz
Þunraz
Frige
—

Old English
sunnandæg
mōnandæg
tiwesdæg
wōdnesdæg
þunresdæg
frīgedæg
sæterndæg

text: An ecclesiastical, non-astrological, system of numbering the days of the week was adopted in Late Antiquity. This model also seems to have influenced (presumably via Gothic) the designation of Wednesday as "mid-week" in Old High German (mittawehha) and Old Church Slavonic (срѣда). Old Church Slavonic may have also modeled the name of Monday, понєдѣльникъ, after the Latin feria secunda.[5] The ecclesiastical system became prevalent in Eastern Christianity, but in the Latin West it remains extant only in modern Icelandic, Galician and Portuguese.[6]

text:
1. Sunday (Christian Sabbath)
2. Monday
3. Tuesday
4. Wednesday
5. Thursday
6. Friday (Muslim Sabbath)
7. Saturday (Jewish Sabbath)

Greek
Κυριακὴ ἡμέρα
/kiriaki iméra/
Δευτέρα ἡμέρα
/devtéra iméra/
Τρίτη ἡμέρα
/tríti iméra/
Τετάρτη ἡμέρα
/tetárti iméra/
Πέμπτη ἡμέρα
/pémpti iméra/
Παρασκευὴ ἡμέρα
/paraskevi iméra/[7]
Σάββατον
/sáb:aton/

Latin
[dies] dominica;
rarely feria prima, feria dominica
feria secunda
feria tertia
feria quarta;
rarely media septimana
feria quinta
feria sexta
Sabbatum; dies sabbatinus, dies Sabbati;
rarely feria septima, feria Sabbati

text: History[edit]

text: A continuous seven-day cycle that runs throughout history paying no attention whatsoever to the phases of the moon was probably first practiced in Judaism, dated to the 6th century BC at the latest.[8][9]

text: There are several hypotheses concerning the origin of the biblical seven-day cycle.

text: Friedrich Delitzsch and others suggested that the seven-day week being approximately a quarter of a lunation is the implicit astronomical origin of the seven-day week[10] , and indeed the Babylonian calendar used intercalary days to synchronize the last week of a month with the new moon.[11] According to this theory, the Jewish week was adopted from the Babylonians while removing the moon-dependency.

text: However, Niels-Erik Andreasen, Jeffrey H. Tigay and others claimed that the sabbath is mentioned as a day of rest in some of the earliest layers of the Pentateuch dated to the 9th century BC at the latest, centuries before Judea's Babylonian exile. They also find the resemblance between the biblical Sabbath and the Babylonian system weak. Therefore they suggested that the seven-day week may reflect an independent Israelite tradition.[12][13][14][15] Tigay writes:

text: It is clear that among neighboring nations that were in position to have an influence over Israel - and in fact which did influence it in various matters - there is no precise parallel to the Israelite Sabbatical week. This leads to the conclusion that the Sabbatical week, which is as unique to Israel as the Sabbath from which it flows, is an independent Israelite creation.[14][16]

text: The seven-day week seems to have been adopted, at different stages, by the Persian Empire, in Hellenistic astrology, and (via Greek transmission) in Gupta India and Tang China.[17][citation needed]

text: The Babylonian system was received by the Greeks in the 4th century BC (notably via Eudoxus of Cnidus). However the designation of the seven days of the week to the seven planets is an innovation introduced in the time of Augustus.[18] The astrological concept of planetary hours is rather an original innovation of Hellenistic astrology, probably first conceived in the 2nd century BC.[8]

text: The seven day week was widely known throughout the Roman Empire by the 1st century AD,[18] along with references to the Jewish Sabbath by Roman scholars such as Seneca and Ovid.[19] The seven day cycle ultimately replaced the older Roman system of the nundinal cycle, probably during the 4th century.

text: Ancient Near East[edit]

text: The earliest evidence of an astrological significance of a seven-day period is connected to Gudea, priest-king of Lagash in Sumer during the Gutian dynasty, who built a seven-room temple, which he dedicated with a seven-day festival. In the flood story of the Assyro-Babylonian epic of Gilgamesh the storm lasts for seven days, the dove is sent out after seven days, and the Noah-like character of Utnapishtim leaves the ark seven days after it reaches firm ground.[20]

text: It seems likely that the Hebrew seven-day week is based on the Babylonian tradition, although going through certain adaptations. George Aaron Barton speculated that the seven-day creation account of Genesis is connected to the Babylonian creation epic, Enûma Eliš, which is recorded on seven tablets. [21]

text: Counting from the new moon, the Babylonians celebrated the 7th, 14th, 21st and 28th as "holy-days", also called "evil days" (meaning "unsuitable" for prohibited activities). On these days, officials were prohibited from various activities and common men were forbidden to "make a wish", and at least the 28th was known as a "rest-day".[22] On each of them, offerings were made to a different god and goddess.

text: In a frequently-quoted suggestion going back to the early 20th century[by whom?][23] the Hebrew Sabbath is compared to the Sumerian sa-bat "mid-rest", a term for the full moon. The Sumerian term has been reconstructed as rendered Sapattum or Sabattum in Babylonian, possibly present in the lost fifth tablet of the Enûma Eliš, tentatively reconstructed [according to whom?] "[Sa]bbath shalt thou then encounter, mid[month]ly".[22]

text: Achaemenid period[edit]

text: The Zoroastrian calendar follows the Babylonian in relating the seventh and other days of the month to Ahura Mazda.[24] The forerunner of all modern Zoroastrian calendars is the system used to reckon dates in the Persian Empire, adopted from the Babylonian calendar by the 4th century BC.

text: Frank C. Senn in his book Christian Liturgy: Catholic and Evangelical points to data suggesting evidence of an early continuous use of a seven-day week; referring to the Jews during the Babylonian Captivity in the 6th century BC,[9] after the destruction of the Temple of Solomon. While the seven-day week in Judaism is tied to Creation account in the Book of Genesis in the Hebrew Bible (where God creates the heavens and the earth in six days and rests on the seventh; Genesis 1:1–2:3, in the Book of Exodus, the fourth of the Ten Commandments is to rest on the seventh day, Shabbat, which can be seen as implying a socially instituted seven-day week), it is not clear whether the Genesis narrative predates the Babylonian Captivity of the Jews in the 6th century BC. At least since the Second Temple period under Persian rule, Judaism relied on the seven-day cycle of recurring Sabbaths[25]

text: Tablets[citation needed] from the Achaemenid period indicate that the lunation of 29 or 30 days basically contained three seven-day weeks, and a final week of eight or nine days inclusive, breaking the continuous seven-day cycle.[22] The Babylonians additionally celebrated the 19th as a special "evil day", the "day of anger", because it was roughly the 49th day of the (preceding) month, completing a "week of weeks", also with sacrifices and prohibitions.[22]

text: Difficulties with Friedrich Delitzsch's origin theory connecting Hebrew Shabbat with the Babylonian lunar cycle[26] include reconciling the differences between an unbroken week and a lunar week, and explaining the absence of texts naming the lunar week as Shabbat in any language.[27]

text: Hellenistic and Roman era[edit]

text: In Jewish sources by the time of the Septuagint, the term "Sabbath" (Greek Sabbaton) by synecdoche also came to refer to an entire seven-day week,[28] the interval between two weekly Sabbaths. Jesus's parable of the Pharisee and the Publican (Luke 18:12) describes the Pharisee as fasting "twice in the week" (Greek δὶς τοῦ σαββάτου dis tou sabbatou).

text: The ancient Romans traditionally used the eight-day nundinum but, after the Julian calendar had come into effect in 45 BC, the seven-day week came into increasing use. For a while, the week and the nundinal cycle coexisted, but by the time the week was officially adopted by Constantine in AD 321, the nundinal cycle had fallen out of use. The association of the days of the week with the Sun, the Moon and the five planets visible to the naked eye dates to the Roman era (2nd century). [29]

text: The continuous seven-day cycle of the days of the week can be traced back to the reign of Augustus; the first identifiable date cited complete with day of the week is 6 February AD 60, identified as a "Sunday" (as viii idus Februarius dies solis "eighth day before the ides of February, day of the Sun") in a Pompeiian graffito. According to the currently-used Julian calendar, 6 February 60 was, however, a Wednesday. This is explained by the existence of two conventions of naming days of the weeks based on the planetary hours system: 6 February was a "Sunday" based on the sunset naming convention, and a "Wednesday" based on the sunrise naming convention.[30]

text: Adoption in Asia[edit]

text: The earliest known reference in Chinese writings to a seven-day week is attributed to Fan Ning, who lived in the late 4th century in the Jin Dynasty, while diffusions from the Manichaeans are documented with the writings of the Chinese Buddhist monk Yi Jing and the Ceylonese or Central Asian Buddhist monk Bu Kong of the 7th century (Tang Dynasty).

text: The Chinese variant of the planetary system was brought to Japan by the Japanese monk Kobo Daishi (9th century). Surviving diaries of the Japanese statesman Fujiwara Michinaga show the seven-day system in use in Heian Japan as early as 1007. In Japan, the seven-day system was kept in use for astrological purposes until its promotion to a full-fledged Western-style calendrical basis during the Meiji era.

text: The seven-day week was known in India by the 6th century, referenced in the Pañcasiddhāntikā.[citation needed]. Shashi (2000) mentions the Garga Samhita, which he places in the 1st century BC or AD, as a possible earlier reference to a seven-day week in India. He concludes "the above references furnish a terminus ad quem (viz. 1st century) The terminus a quo cannot be stated with certainty".[31][32]

text: Christian Europe[edit]

text: The seven-day weekly cycle has remained unbroken in Christendom, and hence in Western history, for almost two millennia, despite changes to the Coptic, Julian, and Gregorian calendars, demonstrated by the date of Easter Sunday having been traced back through numerous computistic tables to an Ethiopic copy of an early Alexandrian table beginning with the Easter of AD 311.[33]

text: A tradition of divinations arranged for the days of the week on which certain feast days occur develops in the Early Medieval period. There are many later variants of this, including the German Bauern-Praktik and the versions of Erra Pater published in 16th to 17th century England, mocked in Samuel Butler's Hudibras. South and East Slavic versions are known as koliadniki (from koliada, a loan of Latin calendae), with Bulgarian copies dating from the 13th century, and Serbian versions from the 14th century.[34] Medieval Christian traditions associated with the lucky or unlucky nature of certain days of the week survived into the modern period. This concerns primarily Friday, associated with the crucifixion of Jesus. Sunday, sometimes personified as Saint Anastasia, was itself an object of worship in Russia, a practice denounced in a sermon extant in copies going back to the 14th century.[35]

text: Sunday, in the ecclesiastical numbering system also counted as the feria prima or the first day of the week; yet, at the same time, figures as the "eighth day", and has occasionally been so called in Christian liturgy. [36]

text: Justin Martyr wrote: "the first day after the Sabbath, remaining the first of all the days, is called, however, the eighth, according to the number of all the days of the cycle, and [yet] remains the first".[37]

text: A period of eight days, starting and ending on a Sunday, is called an octave, particularly in Roman Catholic liturgy. In German, the phrase in acht Tagen (literally "in eight days") means one week from today.

text: Week numbering[edit]

text: Weeks in a Gregorian calendar year can be numbered for each year. This style of numbering is commonly used (for example, by schools and businesses) in some European and Asian countries, but rare elsewhere.

text: ISO 8601 includes the ISO week date system, a numbering system for weeks – each week begins on a Monday and is associated with the year that contains that week's Thursday (so that if a year starts in a long weekend Friday–Sunday, week number one of the year will start after that). For example, week 1 of 2004 (2004W01) ran from Monday, 29 December 2003 to Sunday, 4 January 2004, because its Thursday was 1 January 2004, whereas week 1 of 2005 (2005W01) ran from Monday, 3 January 2005 to Sunday, 9 January 2005, because its Thursday was 6 January 2005 and so the first Thursday of 2005. The highest week number in a year is either 52 or 53 (it was 53 in the year 2004). Schematically, this ISO convention translates as follows:

text:
Dates in January
Effect

M
T
W
T
F
S
S
Week number
Week assigned to

1
2
3
4
5
6
7
1
New year

1
2
3
4
5
6
1
New year

1
2
3
4
5
1
New year

1
2
3
4
1
New year

1
2
3
53
Previous year

1
2
53 when leap year,
52 when normal year
Previous year

1
52
Previous year

text: In some countries, though, the numbering system is different from the ISO standard. At least six numberings are in use:[38][39][dubious – discuss]

text:
System
First day of week
First week of year contains
Can also be last week of previous year
Used by/in

ISO-8601
Monday
4 January
1st Thursday
4–7 days of year
yes
EU and most of other European countries, most of Asia and Oceania

(Islamic)
Saturday
1 January
1st Friday
1–7 days of year
yes
Much of the Middle East

(North American)
Sunday
1 January
1st Saturday
1–7 days of year
yes
Canada, United States, India, Japan, Taiwan, Hong Kong, Macau, Israel, South Africa, most of Latin America

text: The semiconductor package date code is often a 4 digit date code YYWW where the first two digits YY are the last 2 digits of the calendar year and the last two digits WW are the two-digit week number.[40][41]

text: The tire date code mandated by the US DOT is a 4 digit date code WWYY with two digits of the week number WW followed by the last two digits of the calendar year YY.[42]

text: "Weeks" in other calendars[edit]

text: The term "week" is sometimes expanded to refer to other time units comprising a few days. Such "weeks" of between four and ten days have been used historically in various places.[43] Intervals longer than 10 days are not usually termed "weeks" as they are closer in length to the fortnight or the month than to the seven-day week.

text: Pre-modern calendars[edit]

text: Calendars unrelated to the Chaldean, Hellenistic, Christian or Jewish traditions often have time cycles between the day and the month of varying lengths, sometimes also called "weeks".

text: An eight-day week was used in Ancient Rome and possibly in the pre-Christian Celtic calendar. Traces of a nine-day week are found in Baltic languages and in Welsh. The ancient Chinese calendar had a ten-day week, as did the ancient Egyptian calendar (and, incidentally, the French Republican Calendar, dividing its 30-day months into thirds).

text: A six-day week is found in the Akan Calendar. Several cultures used a five-day week, including the 10th century Icelandic calendar, the Javanese calendar, and the traditional cycle of market days in Korea.[citation needed] The Igbo have a "market week" of four days. Evidence of a "three-day week" has been derived from the names of the days of the week in Guipuscoan Basque.[44]

text: The Aztecs divided a ritual cycle of 260 days, known as Tonalpohualli, into 20 weeks of 13 days known in Spanish as Trecena. They also divided the solar year into 18 periods of 20 days and five nameless days known as Nemontemi, creating a "20-day month" divided into four "five-day weeks".[45] The Maya divided a 260-day ritual cycle known Tzolk'in into 20 weeks of 13 days known as Trecena. The Maya also divided the year, Haab', into 18 periods of 20 days, Uinal and five nameless days known as Wayeb'.

text: The Balinese Pawukon is a 210-day calendar consisting of 10 different simultaneously running weeks of 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 days, of which the weeks of 4, 8 and 9 days are interrupted to fit into the 210-day cycle.

text: Modern calendar reforms[edit]

text: A 10-day week, called décade, was used in France for nine and a half years from October 1793 to April 1802; furthermore, the Paris Commune adopted the Revolutionary Calendar for 18 days in 1871.

text: The Bahá'í calendar features a 19-day period which some classify as a month and others classify as a week.[46]

text: The International Fixed Calendar (also known as the "Eastman plan") fixed every date always on the same weekday. This plan kept a 7-day week while defining a year of 13 months with 28 days each. It was the official calendar of the Eastman Kodak Company for decades.

text: Between 1929 and 1931, the USSR changed from the seven-day week to a five-day week. There were 72 weeks and an additional five national holidays inserted within three of them, totaling a year of 365 days.[citation needed] In 1931, after its brief experiment with a five-day week, the Soviet Union changed to a six-day week. Every sixth day (6th, 12th, 18th, 24th and 30th) of the Gregorian Calendar was a state rest day. The five additional national holidays in the earlier five-day week remained and did not fall on the state rest day. But, as January, March, May, July, August, October and December have 31 days, the week after the state rest day of the 30th was seven days long (31st–7th). This extra day was a working day for most or an extra holiday for others. Also as February is only 28 or 29 days depending on whether it is a leap year or not, the first of March was also made a state rest day, although not every enterprise conformed to this. To clarify, the week after the state rest day, 24/25 February to 1 March, was only five or six days long, depending on whether it was a leap year or not. The week after that, 2 to 6 March, was only five days long.[citation needed] The calendar was abandoned 26 June 1940 and the seven-day week reintroduced the next day.[citation needed]


document_title: Richard Benjamin Harrison

question_text: what did the grandpa on pawn stars die of

text: Richard Benjamin Harrison

text: Early life[edit]

text: Richard Benjamin Harrison Jr.[8][9] was born in Danville, Virginia, on March 4, 1941,[10] and was of Irish descent.[11] Harrison's grandson, Corey, has mentioned his grandmother said they are related to Presidents  William Henry Harrison and Benjamin Harrison. Harrison indicated that he did not give much credence to this idea.[12][13]

text: When Harrison was one year old, his family moved to Lexington, North Carolina, where they lived at 115 Peacock Avenue, just off South Main Street.[1][10] Harrison attended Lexington High School, but left during his junior year.[14] Harrison's family was poor, and to make money, Harrison drove a school bus when he was 14, parking the bus at his house every night, and getting up early in the morning to pick up the schoolchildren, for which he was paid five or six dollars a week.[15]

text: Marriage and the Navy[edit]

text: When he was 17, Harrison attended a barn dance, where he met his future wife, Joanne Rhue, the daughter of Joseph Rhue,[16] a county judge, who later became one of the lead attorneys for Philip Morris in North Carolina.[15] They married in 1960.[16] Before they married, however, Harrison stole a car, and after he was arrested, was given a choice by the judge to go to prison or the military. Harrison chose the latter.[15] JoAnne became pregnant with their first child immediately after they married, and Sherry, their first child, was born with Down syndrome. They also had three sons, Joseph, Rick, and Chris. Harrison left the Navy in February 1962, but re-enlisted fourteen months later in order to obtain the health care benefits necessary to meet Sherry's medical expenses. She died when she was six years old.[15]

text: Harrison ultimately served in the U.S. Navy for 20 years,[1][15][17] including stints as a paymaster, and attaining the rank of petty officer first class. Harrison served on four ships, including his final five years on fleet tug ATF 100 USS Chowanoc,[18][19] from 1972 to 1976.[20]

text: In 1967 Harrison was transferred by the Navy to San Diego, California.[15] He continued to serve in the Navy, while JoAnne obtained her real estate license in 1970 and opened her own office in 1973. After Harrison was discharged from the Navy, he worked part-time in his wife's office. Declining real estate sales caused by interest rates as high as 18 percent cost Harrison $1,000,000 and the collapse of this business in 1981.[21]

text: Business career[edit]

text: In April 1981, Harrison and his wife, having only $5,000 left, moved with their three sons to Las Vegas, Nevada, where Harrison and his son Rick opened Gold & Silver Coin Shop in a 300 square foot shop at 1501 Las Vegas Boulevard. In 1986, he relocated the business to a larger building at 413 Fremont Street. In 1987, he obtained a license to buy and sell second-hand goods. The business's lease expired in 1988.[2]

text: In 1989, Rick opened what would become the World Famous Gold & Silver Pawn Shop at 713 Las Vegas Boulevard South, located less than two miles from the Las Vegas Strip.[2][3] The most common item brought into the store is jewelry.[22] As of July 2011, the store had 12,000 items in its inventory,[23] 5,000 of which are typically held on pawn.[24] Even when absent from the show, according to an episode of Pawn Stars, Harrison usually was the first to arrive at the shop in the morning,[25] and by 2010, had not had a sick day since 1994.[26]

text: From July 19, 2009 until his death, Harrison and his son Rick, along with his grandson Richard Corey "Big Hoss" Harrison[27] and Corey's childhood friend and employee Austin "Chumlee" Russell, starred in the reality television program Pawn Stars on the History Channel. Harrison was depicted as saying little and easily angered. Chumlee has stated that he is "old and cranky",[28] while Harrison himself indicates: "My role on the show is to be an old grump."[29] Within ten weeks of its debut, Pawn Stars was the highest-rated program on the History Channel,[30] and second highest-rated reality show program behind Jersey Shore.[31] In that same period, the average number of customers in the Gold & Silver Pawn Shop increased from 70 to 700 per day.[30] By February 2012, between 3,000 and 5,000 people visited the store each day.[32]

text: In 2014 Harrison's net worth was estimated to be $5 million USD.[33][unreliable source?]

text: Awards and recognition[edit]

text: In March 2010, Harrison, his son, grandson and Austin "Chumlee" Russell were awarded the key to the city of Las Vegas by Mayor Oscar Goodman.[34]

text: Harrison and the other stars of Pawn Stars served as grand marshals for the History 300 NASCAR race at the Charlotte Motor Speedway on May 26, 2012.[35]

text: On May 29, 2012, Harrison was awarded a key to the city of Lexington, his hometown, by Lexington Mayor Clark Newell, in the Lexington City Council Chamber, and the day was also officially "Richard Harrison's Day".[36][37][38]

text: On July 17, 2012, the Clark County Commission declared that day to be "Pawn Stars/Gold & Silver Pawn Day". At the Commission meeting, Harrison donated $1000 to the Clark County Museum, and lent the U.S. Senate floor chair used by Senator Patrick McCarran (sold to the Gold and Silver in the Pawn Stars episode "Take a Seat") to the museum as part of a display on Senator McCarran.[39]

text: Harrison and his son Rick were nominated for the 2012 Time 100 list.[40]

text: Other appearances[edit]

text: On December 5, 2011, Harrison made a special appearance at the American Country Awards 2011, giving a speech onstage.[41]

text: On February 25, 2012, he was a guest star at a Celebrity Bingo Bow Wow charity event, which was held at the Silverton Casino Lodge.[42]

text: Legal issues[edit]

text: Daniel Callahan[edit]

text: In May 2012, Daniel Callahan filed a lawsuit in the District Court in Las Vegas claiming that Harrison and his son Rick failed to provide "reasonable and necessary" security at their store, seeking around $20,000 for injuries he allegedly suffered from being "dragged out of the pawn shop and tossed onto the sidewalk" after an argument over a rifle he had brought. Harrison's grandson, Corey, defended them both, stating that they were never in direct contact with Callahan and "it was in our best interests to get him out of there."[43]

text: Interference with business practices[edit]

text: In October 2012, A&E Network and the History Channel, along with Harrison and the rest of the show's cast, were sued in Clark County District Court in Las Vegas for interference with business practices by Wayne F. Jefferies,[44] a Las Vegas promoter[45] and the Harrisons' manager, who represented them and "Chumlee" Russell in their television business dealings.[46] Jefferies, who managed and operated the Las Vegas world cuisine restaurant Seven in 2001,[47] and who, as an event promoter, put up to $75,000 in support of the 2005 and 2006 Las Vegas Red, White and Boom Independence Day event,[48][49] was instrumental in helping to launch the series.[50][51] Jefferies stated that after the show premiered, his influence in the show was increasingly reduced, and that he was ultimately fired and left without his promised share of fees and merchandising royalties from the series, purportedly due to network executives after a January 2012 report on TMZ that indicated that the Pawn Stars cast were taken aback by the History Channel's launch of the spinoff Cajun Pawn Stars, of which the cast had been unaware.[45][52]

text: Personal life and death[edit]

text: Harrison was particularly passionate about automobiles, showing an interest in all types of cars.[53] Cars he owned or expressed an interest in on the television series include his 1966 Imperial Crown, which took him fifteen years to convince the previous owner to sell,[54][55] and was subsequently restored by his son and grandson for his 50th wedding anniversary;[56] a 1957 Chevy 150 sedan given to him by the stars of two other History shows, American Restoration and American Pickers;[55] and the mid-1960s B&Z Electra-King electric car shown to them in Pawn Stars season 3 episode 14 ("Honest Abe"), which he suggested could be converted into a golf cart.[57]

text: Harrison died on June 25, 2018, after a battle with Parkinson's disease.[58][59] His funeral was held July 1, with his casket draped in an American flag on account of his service in the Navy. His son Rick eulogized him thus: "He was my hero and I was fortunate to get a very cool ‘Old Man’ as my dad. That I got to share him with so many others and they got to see what a great family man he was is something I am grateful to have experienced with him." Harrison was survived by wife JoAnne, three sons, 10 grandchildren and five great-grandchildren.[60] Harrison placed his son Rick in charge of his estate. Christopher Harrison, the youngest of Harrison's three sons, was intentionally omitted from his father’s will.[61]


document_title: Bed Bath & Beyond

question_text: when did bed bath and beyond first open

question_tokens: when did bed bath and beyond first open

text: Bed Bath & Beyond

text: History[edit]

text: This section needs expansion. You can help by adding to it. (October 2013)

text: In 1971, Warren Eisenberg and Leonard Feinstein opened a store in Springfield, New Jersey called Bed 'n Bath. By 1985, Eisenberg and Feinstein were operating 17 stores in the New York metropolitan area and California. Also in 1985, the first superstore was opened, as an attempt to remain competitive with Linens 'n Things, Pacific Linen, and Luxury Linens. In order to properly represent the size increase in its retail stores, the company changed its name to Bed Bath & Beyond.[6]

text: Competition[edit]

text: Bed Bath and Beyond has several major retail competitors, including Walmart, Target, and JCPenney, as well as several mid-sized competitors like Pier 1 Imports. Companies such as Crate & Barrel, IKEA, and the numerous Williams-Sonoma companies like Pottery Barn and West Elm are competitors as well.

text: Subsidiaries[edit]

text: Acquisitions[edit]

text:
Harmon Stores – acquired in March 2002, operates Face Values[7]
Christmas Tree Shops – acquired in June 2003 for $200 million[8]
Buy Buy Baby – acquired in March 2007 for $67 million[9]
Cost Plus, Inc. – acquired in May 2012 for $495 million, operates Cost Plus World Market and World Market[10][10][11]
Linen Holdings – acquired in June 2012 for $105 million[12]
Of a Kind – acquired in August 2015 for an undisclosed amount[13]
One Kings Lane – acquired in June 2016 for an undisclosed amount[14]
PersonalizationMall.com – acquired in November 2016 for $190 million.[15]

text: Other subsidiaries[edit]

text:
Bed Bath & Beyond Canada L.P.[16]
Bed Bath & Beyond Mexico – a joint venture with Home & More to operate four stores in Mexico under the name "Bed Bath & Beyond"[17]
Bed Bath & Beyond Invitations – an online wedding invitation venture

text: New Zealand chain[edit]

text: There is a New Zealand chain with the name "Bed Bath & Beyond", which has no corporate connection with the American company.[18]


document_title: Frye standard

question_text: when was the decision for frye v. united states issued

text: Frye standard

text: History[edit]

text: This standard comes from Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), a case discussing the admissibility of systolic blood pressure deception test as evidence. The Court in Frye held that expert testimony must be based on scientific methods that are sufficiently established and accepted.[2] The court wrote:

text: Just when a scientific principle or discovery crosses the line between the experimental and demonstrable stages is difficult to define. Somewhere in this twilight zone the evidential force of the principle must be recognized, and while the courts will go a long way in admitting experimental testimony deduced from a well-recognized scientific principle or discovery, the thing from which the deduction is made must be sufficiently established to have gained general acceptance in the particular field in which it belongs. (Emphasis added.)

text: In many but not all jurisdictions, the Frye standard has been superseded by the Daubert standard. States still following Frye include: California, Illinois, Maryland, Minnesota, New Jersey, New York, Pennsylvania, and Washington.[3]

text: Florida adheres to the Frye standard to the extent it is procedural in nature. In 2013, the Florida Legislature passed House Bill 7015, and Governor Rick Scott signed it into law. Florida Statutes Chapter 107 (2013) amends Florida’s evidence code to conform to Rule 702 of the Federal Rules of Evidence and the principles applicable in federal court under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), with respect to the admissibility of expert testimony. It was the legislature’s intent to overrule existing Florida Supreme Court precedent that previously rejected Daubert and retained the Frye standard. On February 16, 2017, the Florida Supreme Court declined to adopt the Legislature's "Daubert Amendment" to the extent such amendment was procedural, based on "grave concerns about the constitutionality of the amendment."[4]

text: Effective July 1, 2014, Kansas adopted Daubert and no longer follows the Frye standard.

text: Definition[edit]

text: To meet the Frye standard, scientific evidence presented to the court must be interpreted by the court as "generally accepted" by a meaningful segment of the associated scientific community. This applies to procedures, principles or techniques that may be presented in the proceedings of a court case.

text: In practical application of this standard, those who were proponents of a widely disputed scientific issue had to provide a number of experts to speak to the validity of the science behind the issue in question.

text: Novel techniques, placed under the scrutiny of this standard forced courts to examine papers, books and judicial precedents on the subject at hand to make determinations as to the reliability and "general acceptance."

text: Commentary[edit]

text: While Daubert has superseded Frye, the standard of Daubert is not substantially different. While the focus of the inquiry has changed, the result rarely does. Accordingly, the Daubert standard has been described as "Frye in drag."[5]

text: Difficulty in the application of this standard has produced questions about whether or not the standard is flexible enough to adapt to truly new and novel scientific issues, where "general" or "widespread" acceptance may not yet be garnered. On the other hand, whether new and novel allegedly scientific issues are matters of relevance to the court has been questioned.

text: As an alternative to this standard, the courts have generally adopted Rule 702 of the Federal Rules of Evidence, as the primary for expert testimony and scientific evidence.