This is not right and just think about it. If the Florida legistature could pass a law that cancels a valid contract it entered into, then no one would contract with Florida. Even is this was right, various equitiable doctrines would prevent it from happening. Remember, in the GOR each signer represented that they had the power to sign and that there was nothing that would prevent the assignment of rights, then or in the future. And this would not help Clemson in any event. So they would be stuck. |
As has been debated here endlessly, the GOR by its terms is separate from the exit fee. The GOR was the sale until 2036 of the schools' media rights. There is no argument that the exit fee covers the GOR. There are not two sides to that point. On a deal or settlement, sure. I could see a deal where only FSU left, they flip their vote so Cal, Stanford, and SMU come in and the ACC gets 200-300 million. I think a bunch of the schools would do that deal today. But that requires no one else leaving. Otherwise the schools that will not have any place to go will not agree. And you need all of them to amend the GOR. |
Clemson is a public--not private--university. Don't need to think about it; just research the law for the particular state & jurisdiction. Also, please google sovereign immunity & read up a bit. Several law firms have readily available information on the internet. |
The real issue is whether or not there are at least two lawyers. |
| Big 10 should add Stanford, ND, Cal, Duke and UNC |
| Maybe UVA too |
Agree regarding Notre Dame and Stanford and UNC, but Duke & Cal have little sports media viewership value and Cal has serious financial issues in its athletics department. Georgia Tech has value due to Atlanta metro media market & fertile Georgia football recruiting grounds. |
Not happening |
Reasonable assessment. Nevertheless, I think that FSU will file with the ACC on Monday or Tuesday notifying the ACC that it is leaving the conference. (FSU didn't bring in JP Morgan Chase & Sixth Street for nothing.) FSU's notice is likely to lead to further movement by other teams switching conferences. If FSU does not file any notice of intent to depart the ACC, then Stanford's best hope may be with the Big Ten Conference--at least I hope so. Stanford has done just about everything within reason to generate an invitation from the Big Ten Conference. If FSU does file, then the ACC may reconsider Stanford, Cal, & SMU in my opinion. The ACC currently has 14 members plus Notre Dame. The 14 member schools in the ACC are: FSU Clemson U Miami UNC NC State Virginia Virginia Tech Georgia Tech Duke Wake Forest Louisville Syracuse Boston College U Pittsburgh The first seven schools listed above want out of the ACC. |
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SMU (Southern Methodist University) in Dallas, Texas is willing to forego 5 to 7 years of media payout money in an effort to get into a Power 4 Conference:
https://dmagazine.com/sports/2023/08/smu-mustangs-acc/ Another article summarizing ACC status regarding expansion: https://si.com/fannation/college/cfb-hq/ncaa-football/college-football-expansion-acc-votes-on-2-schools-per-reports |
Even the federal government can’t assert sovereign immunity to avoid liability for contracts for good and services. This doesn’t apply to things that are a matter of policy, e.g., Social Security, but if the government signs a contract to buy widgets (or broadcast services) they can’t weasel out based on “sovereign immunity.” |
You need a specific situation because there are so many variables in contracts and under the law. In order to deal with sovereign immunity regarding many contracts with the federal government, Congress has passed several pieces of legislation as well as provided administrative procedures to seek relief. The federal government and state governments must waive sovereign immunity in order to be sued. |
I did. It is unlikely that sovereign immunity applies in contract cases at all -- when the state decides to contract it waives any immunity it had. And it does not apply outside of the state. So even if it applied in Florida for FSU it will not apply in North Carolina. In joining the ACC each team agreed that all disputes would be heard in NC state courts and that NC law would apply. |
| If the B1G wanted Stanford, Stanford would already be admitted to the conference. |
Absolutely incorrect. The state must waive its sovereign immunity in order to be sued. Usually, a waiver is done by legislation, but a waiver could also occur by the state's failure to assert this affirmative defense. Please read this before spreading any further misinformation: https://naag.org/attorney-general-journal/state-sovereign-immunity/ |