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Marquette
Marquette

Open Practice

Date/Time: Oct 11, 2024 ???
TV: NA
Schedule for 2023-24
27-10

Author Topic: ACC stabilizes itself - will not be imploding any time soon...  (Read 6051 times)

T-Bone

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Re: ACC stabilizes itself - will not be imploding any time soon...
« Reply #25 on: April 23, 2013, 01:55:13 PM »
I think this, if contested, would be thrown out.  One could argue that the relationship between the school-conference is similar to an employee-business relationship.  Under right-to-work law/Taft-Hartley, this would seem to be an ambiguous situation. 
It also has a bit of being similar to a non-compete agreement, but somewhat more draconian in taking future profits from the "employee." 
If the right lawyer makes the connection school-conference/employee-business to the right judge, this could be negated.

It'll be interesting to see when the first team leaves one of these conferences. 
I'm like a turtle, sometimes I get run over by a semi.

GGGG

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Re: ACC stabilizes itself - will not be imploding any time soon...
« Reply #26 on: April 23, 2013, 01:58:00 PM »
I think this, if contested, would be thrown out.  One could argue that the relationship between the school-conference is similar to an employee-business relationship. 


One could argue that...if they want to be laughed out of court.

T-Bone

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Re: ACC stabilizes itself - will not be imploding any time soon...
« Reply #27 on: April 23, 2013, 02:13:55 PM »
One could argue that...if they want to be laughed out of court.

And.... Why not?  So, you can't see that could be a possibility?  Open your eyes to the litigious society we have.

Essentially, you have a union - conference.  You have a member of that union - the school.  It's a similar arrangement and one that has not been put on trial.  So what do you have?  
I'm like a turtle, sometimes I get run over by a semi.

GGGG

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Re: ACC stabilizes itself - will not be imploding any time soon...
« Reply #28 on: April 23, 2013, 02:20:18 PM »
And.... Why not?  So, you can't see that could be a possibility?  Open your eyes to the litigious society we have.

Essentially, you have a union - conference.  You have a member of that union - the school.  It's a similar arrangement and one that has not been put on trial.  So what do you have? 


Because employment law is very different than contract law.

T-Bone

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Re: ACC stabilizes itself - will not be imploding any time soon...
« Reply #29 on: April 23, 2013, 02:50:54 PM »

Because employment law is very different than contract law.

I don't disagree that in certain areas they are very different.  But there are a lot of similarities, enough that I think it's entirely possible that something along the employee/union/business relationship could be argued a valid parallel. 
We'll see when a school leaves one of these conferences. 
I'm like a turtle, sometimes I get run over by a semi.


GOO

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Re: ACC stabilizes itself - will not be imploding any time soon...
« Reply #31 on: April 23, 2013, 04:03:50 PM »
I think this, if contested, would be thrown out.  One could argue that the relationship between the school-conference is similar to an employee-business relationship.  Under right-to-work law/Taft-Hartley, this would seem to be an ambiguous situation. 
It also has a bit of being similar to a non-compete agreement, but somewhat more draconian in taking future profits from the "employee." 
If the right lawyer makes the connection school-conference/employee-business to the right judge, this could be negated.

It'll be interesting to see when the first team leaves one of these conferences. 

Isn't this more like a partnership business arrangement?  I'd much rather be on the side of trying to uphold this agreement as it was unanimously entered into. 

 

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