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This stuff is ultimately going to kill college athletics.

with all these sovereign immunity arguments someday somebody will wonder if a Contract with a state institution is worth the paper its printed on. Nobody mentioned it but Leach completely struck out recently on his contractual claim in the Texas Supreme Court based on sovereign immunity. If a State wins the argument I think a private school should argue that they can't be held liable either because it is an illusory contract since the remedies are unenforceable. A victory by a state institution would raise questions about whether any of these conference penalty clauses are enforceable-of course each state probably has different sovereign immunity precedent

Stallion wrote:with all these sovereign immunity arguments someday somebody will wonder if a Contract with a state institution is worth the paper its printed on. Nobody mentioned it but Leach completely struck out recently on his contractual claim in the Texas Supreme Court based on sovereign immunity. If a State wins the argument I think a private school should argue that they can't be held liable either because it is an illusory contract since the remedies are unenforceable. A victory by a state institution would raise questions about whether any of these conference penalty clauses are enforceable-of course each state probably has different sovereign immunity precedent

What effect might all that have on the signing away of future TV rights should a team leave the conference, such as the members of the big 12 have done? Not worth the paper they are written on???

I hazard to guess-it is slightly different because an assignment of rights is not the same a debt that can reduced to a money judgment against the state.

Hello US Supreme Court.

This sort of state vs state conflict is custom made for the Supremes.

yay legal battles. how riveting.

Stallion wrote:I hazard to guess-it is slightly different because an assignment of rights is not the same a debt that can reduced to a money judgment against the state.

Is it not a contractural agreement between the members of the conference and the conference the same as owing money to the conference if you leave the conference such as the Maryland case? I'm just asking because I am not an attorney and know little about contractural law.

Stallion wrote:with all these sovereign immunity arguments someday somebody will wonder if a Contract with a state institution is worth the paper its printed on. Nobody mentioned it but Leach completely struck out recently on his contractual claim in the Texas Supreme Court based on sovereign immunity. If a State wins the argument I think a private school should argue that they can't be held liable either because it is an illusory contract since the remedies are unenforceable. A victory by a state institution would raise questions about whether any of these conference penalty clauses are enforceable-of course each state probably has different sovereign immunity precedent

We did on Wall Street