Everything posted by TwiceHorn
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The state of College Football - Bitch Thread
Yes. Liquidated damages expressly cannot be used as a penalty or punitively in most jurisdictions. They could be proper in these circumstances because a) the damages are hard to quantify in the first place and b) they could be a reasonable estimation of the damages. Penalty or punitive damages aren't usually available in breach of contract cases and are expressly excluded from "reasonable estimations" in the case of liquidated or agreed damages. I am just talking about breach of contract, though. Tortious interference can be used two ways, as an independent cause of action that might have more damages than a simple breach, or just as a way to make the interfering institution liable for the breach (so same damages, different party). Tortious interference can support punitive damages for fuckery. That's before we start creating statutory causes of action that attach extra consequences for fuckery. Note that such a statute would have to come from a legislature, most likely, rather than NCAA or CSC.
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The state of College Football - Bitch Thread
For sure. Although it's not strictly legal, there is a "moral" component to contracts. Breach them regularly or flagrantly, and you're a piece of shit; not a man of your word, etc. But, these contracts are pretty interesting in that the normal standard of damages would be the cost of acquiring an equivalent player, less what you had agreed to pay the breaching player, which is going to be nigh unto impossible to prove given that the value of players is so intangible and incapable of estimation. And that might be a fact supporting specific performance (unique goods or services), meaning holding a player to their contract. A reasonable fiction might be School 1 signs a player for X, then School 2 offers X+Y and player breaches with School 1 and signs with school 2. There could be a presumption that player's value is the higher of the two, X+Y, and therefore player/School 2 owes Y to School 1.
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2024 DB Kobe Black
He was starting to flash a little, But that doesn't mean anything.
- 2026 Fiesta Bowl - Miami vs. Ole Miss (CFP Semifinal #1)
- 2026 Fiesta Bowl - Miami vs. Ole Miss (CFP Semifinal #1)
- 2026 Fiesta Bowl - Miami vs. Ole Miss (CFP Semifinal #1)
- 2026 Fiesta Bowl - Miami vs. Ole Miss (CFP Semifinal #1)
- 2026 Fiesta Bowl - Miami vs. Ole Miss (CFP Semifinal #1)
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Things not going well in Venezuela
Man, Trump didn't do anything sophisticated. If some subtle good results, that's an almost pure accident. This is 100% "might makes right." While that aphorism is always true in the literal sense, we have always been at least a little bit wary of exercising our might for a variety of extremely valid reasons, all or most of which Trump ignores because he's a 6th grader, at best.
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Transfer Cycle 2025-2026 - Sunday, Bloody Sunday
Well, a certain individual or even group isn't really supposed to be "bankrolling" a player. What they are permitted to do is hire a player for some use of their NIL, which ostensibly is a quid pro quo transaction that obviates a need for thanks. And, the thanks may be evidence that it is not an NIL quid quo pro, but rather something gratuitous or pay for play. Or they can contribute to a collective, which just blurs the lines all over the place and there's no one really to write a "thank you" to, except perhaps the collective itself.
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Papers, please. Surly thread of deportation cruelty dominance
Good to see you, friendo. Perhaps not under these circumstances . . . .
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America's Foreign Policy & Other Shit Going On Around the World thread
He does have little minions here and their finding loopholes for him. Something, though, is slightly restraining him. When they became aware of have us a corpse, I thought he'd really suspend it. Insurrection Act seems a bridge too far also.
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America's Foreign Policy & Other Shit Going On Around the World thread
L'etat c'est moi
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Transfer Cycle 2025-2026 - Sunday, Bloody Sunday
I'm gonna guess that Cignetti probably wanted nothing to do with Alabama. It seems IU was a calculated choice to step up to a relatively low pressure P4 school but with potential for "adequate financing." His post Alabama career seems quite calculated.
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ICE activity/raids
Broadview, Ill. police and Chicago police gave lots of testimony in the Chicago guard deployment case that a) the situation was under control without federal agents or guard b) federal agents and guard often exacerbated any situation and c) that ICE agents were often the first aggressors in multiple situations. After video evidence, they were the most convincing that ICE was lying its collective ass off.
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Papers, please. Surly thread of deportation cruelty dominance
It is rather interesting that local police, here and in Chicago, at least, seem to be about as anti-ICE as the citizenry. I guess they've always resented federal intervention.
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Transfer Cycle 2025-2026 - Sunday, Bloody Sunday
It's rather fascinating that Cignetti went from a fairly key component of the SabanReich to . . . IUP and a string of smaller schools.
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Transfer Cycle 2025-2026 - Sunday, Bloody Sunday
Yeah, he actually graduated from Darien High. He did this mythical "graduate year" at a prep school to increase his appeal to D1 programs. This is an actual thing, but I think you mostly see it in the northeast. So, he may not be all that snooty.
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Things Not Going Well in Venezuela, 2.0
What the fuck kind of wack ass shirt is that Kuntman wearing?
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Papers, please. Surly thread of deportation cruelty dominance
She was also turning pretty hard right the whole time. He didn't have to do much to get out of the way.
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The state of College Football - Bitch Thread
Well, it seems like they're self-helping to specific performance. People generally are permitted to breach contracts and suffer the consequences.
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The state of College Football - Bitch Thread
A couple of observations. Most states did attempt to impose some sort of guardrails with their NIL legislation. Two problems with it though, no clear enforcement mechanism and the lack of uniformity between states. Most federal legislation is an unnecessary one-size-fits solution to problems that probably should be left to the states and is passed as a form of pandering. This is not one of those cases. The new College Sports Commission has only one thing to recommend it and that is that it isn't the NCAA. It's going to have all of the problems that the NCAA has unless it receives some sort of de facto antitrust exemption as a result of being part of a court-ordered settlement. Frankly, I like the idea of the NIL clearinghouse checking NIL deals to make sure they have some bare connection to actual NIL. The reason I like that is that I think UT is going to have an easier time making "realistic" NIL deals than say Texas Tech.
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Trump’s America
It is an autonomous territory of Denmark. Sounds kind of like Puerto Rico to the US.
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Surly kids who can't get into UT
Well, UA isn't as large as UT, but I kind of had mixed feelings about high school friends and acquaintances at UT. 50+ of my high school class went to UT. I never hardly saw anyone I didn't want to see. Half of em flunked out inside a year anyway.
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My 2026 Health Insurance Premium Increase
I believe the issue is that ACA plans are at least partially state administered and funded and, for the most part, coverage stops at state borders.