Recent Comments

I agree. In fact I'd go so far as to say that - of the two teams in the championship game - Miami is the one whose blue print is most relevant to us.

Miami:

  1. Dumped a bunch of money into the program after being brokeass for 1.5 decades
  2. Hired a program builder
  3. Tapped into new donors
  4. Paid to get fantastic players

That's a model VT can follow.

Funny enough, UVA is attempting the Indiana model for the second year in a row. But Tony Elliott ain't Curt Cignetti

It's not with no penalties. He would have to "buy back" his NIL valuation and any harm received by Duke to make them "whole again." But yea, Miami was ready to give Mensah the check to pay those penalties so it would essentially be no penalties to the player.

Noncompete is interesting. Many endorsement contracts do in fact prevent an individual from signing an endorsement contract with competitor (or with a brand that would be detrimental to their image). That seems like that same concept could be implemented into NIL contracts that these players sign. So, it's not a noncompete clause per se (which is an employment contract term) but maintaining a brand image clause.

The denial of the TRO into the portal makes sense. The judge did put in a TRO on the NIL rights and ability to enroll in another school. In essence, this results in him being able to enter the portal but not able to sign with another NIL deal or attend another University. This is a huge win for Duke early.

If they granted the TRO on entry into the portal, then the whole case would have been moot as he wouldn't be able to transfer due to the portal window closing. And the entry of the portal does not adversely affect Duke with the TRO granted on the NIL rights.

This will be an interesting case as it will primarily be based on contract rights. Generally, you always have freedom to break a contract as long as you justly compensate the other party for breaking the contract. Furthermore, you cannot force a person to perform against their will (because there are laws against slavery). There are a couple of interesting issues here:

1) Would buying back his NIL rights (which Duke purchased at $4M) be enough to be considered just or can Duke argue that the harm of him leaving can result in greater amount of damages (e.g., due to loss of speculative ticket sales, media compensation, etc.).

2) With the portal now closed and no other QB valued at Mensah's value (and notably, each individual is considered to be unique with unique attributes and abilities) can Duke establish that there truly is irreparable harm here as no remedy can truly replace Mensah.

3) How does all the violations of the contract (which amount to tampering) get sorted out? Will the court provide some guidance on remedies for specific tampering violations that may provide some guidance.

4) There is also an issue on the one-sided enforcement clause. Duke has the ability to sue Mensah (which clearly they have here) but Mensah only had the ability to seek arbitration.

I'm definitely interested to see how this plays out. My hope is that this will make schools more cautious about how they "tamper." But notably, it's not like Miami is on trial here.

Which boat are yall on? Which ports? How old are kids?

I'm gonna piggyback off of hokietopher - we're heading to St. John in April for the first time. Would really love to know if there are any restaurants that TKP would recommend?

I'm putting together some hikes/beaches that I think we'll want to do (including Rams Head), but welcome any suggestions for those as well as any other tours/activities that folks really loved.

Ive never sailed DCL, but we regularly sail Royal Caribbean if you want any advice there.

Pages