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Keef

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Posts posted by Keef

  1. 10 minutes ago, BehoId, The Underminer! said:

    Your skepticism is what judges are saying too.  You can’t really be asking me to throw out millions of votes because they were done by a method that was agreed was okay beforehand. 

    Exactly.  You advised these citizens that it was okay to vote this way and now you're trying to throw out their vote because you don't like the result.  I can't imagine the remedy would be to disenfranchise all of these mail in voters who voted in a way you told them was okay (oh, and it is the middle of a pandemic). 

    I truly have no idea what the remedy could be - do make the potentially effected people vote in person?  Do we even know who those people are?  Could you organize this "re-vote" before the inauguration?  Does any of these actually matter since Biden has enough electoral votes even without PA?  

  2. CDC did an interview with Chip Brown over the summer.  Brown asked him what he looks for when he hires corches, and CDC said his single biggest requirement is that the person has built and maintained a program twice.  He said he didn't want a corch who had a few successful years at one place and that's it.  I thought that was a really interesting answer because (a) that definitely didn't describe Herman and (b) maybe means he won't be enthralled with a guy like Billy Napier.

    • Hook 'Em 3
  3. Do the Surly litigators think there is any real merit to the PA constitutional argument regarding the mail in ballots?  Of course it is utterly laughable that republicans are seeking to declare a law that they voted for unconstitutional, but if there is something to it, that could present quite the cluster.  What sort of remedy would the court be likely to grant?  I can't see them throwing out all of the ballots and calling it a day - I have no idea what sort of remedy would work here.

  4. 7 minutes ago, atomheartbevo said:
    1. That elector is risking his or her life
    2. This is Mitch's and GOP's nightmare scenario, because it ensures that Democrats will run a train on the Senate in 2022, and Mitch and Co. better pray to whatever deity they believe in that not too many more olds die between now and then.  And when the Dems run a train on the Senate, guess who gets impeached and removed in 2023?
    3. And there's the little thing about GA's Senate race(s) that could still play out.

    Mitch and the GOP's best bet is to hold the Senate, have Biden take office, provide resistance to Biden and the Dems' platform/agenda (but not so much resistance that it costs them the Senate in 2022), and then use opposition to Biden to fund-raise and try and retake the House in 2022.

    If Trump tries to peel off a faithless elector, life will go in the shitter for Mitch, and not the kind of shitter that sees his hand being cursed from trying on Marvel Gaunt's ring.

    I agree with the general premise of this, but re: #2, what in the 2020 senate election gives you hope that they'll be shamed into good behavior?  Look at how they just handled Merrick Garland/ACB!  All things considered (Trump being a moron, COVID goes nuts, tons of unemployment, etc.), they had a banner election year in the senate and house.  If there's raw power to be had, they'll go for it.  

    • Like 1
  5. On 10/16/2020 at 7:36 PM, someguy said:

     

     

    Texas Tribune has the executed version of his original employment contract.  I tried but couldn't find a copy of the extension, but the original contract language should still be helpful.  https://static.texastribune.org/media/files/6848d600da55db1efc9d299a0d4f9d76/Herman_contract.pdf

     

    C. Specific Duties and Responsibilities. In addition to the general duties and responsibilities set out above, the duties and responsibilities assigned to Coach in connection with the Program are set forth below. Coach’s job duties and responsibilities may be reviewed and revised from time to time by the Men’s Athletics Director, provided such duties are reasonable and consistent with duties typical of an intercollegiate head football coach who coaches at an NCAA Division I program. The list of specific duties and responsibilities supplements, and is not exclusive of, other general duties and responsibilities provided for elsewhere in this Agreement. The specific responsibilities of the position include, but are not limited to, the following:

      Reveal hidden contents

    (1) Coach will be responsible for customary coaching decisions including, without limitation, the systems and strategies used on the field (both in practice and actual game play), conduct of practice and training, selection of team members, position, assignment of players, and all other matters relating to the preparation, practice for, and playing of games.

    (2) Coach will comply with the academic policies established by the University, the Big 12, and the NCAA. Coach shall maintain an environment in which the pursuit of higher education is a priority as reflected by class attendance, the NCAA academic progress rates (APR), and the NCAA and federal graduation rates.

    (3) Coach will ensure that he and his staff and assistant coaches recruit student-athletes who are likely to meet the University and NCAA’s academic requirements.

    (4) Coach will work to integrate the student-athletes and team into the whole spectrum of academic life so as to complement the University and its mission.

    (5) Coach will oversee all aspects of prospective student-athlete recruiting, including recruiting contacts, evaluations, official and unofficial visits, telephone calls and other communications, and any travel-related activities of prospective student athletes and the Program’s coaching staff.

    (6) Coach agrees to cooperate in the scheduling of games for the Program and agrees that the authority for and final decisions on such scheduling are with the Men’s Athletics Director, in consideration of the overall needs of University Athletics.

    (7) Coach shall maintain and enforce conduct (both on and off the field), and disciplinary rules and sanctions, fairly and uniformly for all student-athletes in the Program so as to ensure academic and moral integrity while encouraging excellence.

    (8) Coach shall adhere to the University’s Athletics department policies and procedures.

    (9) Coach has authority and responsibility to make decisions as to the hiring, continued employment, job titles, compensation, and discharge of assistant coaches and all other personnel employed exclusively for the Program. All such decisions will be subject to the prior approval of the Men’s Athletics Director and in accordance with University policies and procedures.

    (10) Coach agrees to conduct annual performance evaluations for all assistant coaches and other employees who report to Coach to ensure that such assistant coaches and other employees meet performance expectations and comply at all times with all Governing Athletics Rules and University Rules.

    (11) The employees referred to directly above in (9) and (10) will report directly to and be supervised by Coach.

    (12) LLC shall cause Coach to cooperate fully with the University in promoting the Program, the Longhorn Foundation, all other fundraising, outreach, and related activities of the University as directed by the Men’s Athletics Director. This includes, but is not limited to: (a) attendance and participation at meetings, events, and media outlets of the University, the Longhorn Network, and other University-affiliated organizations; (b) endorsement of products and performance of promotional services; and (c) personal appearances, in each case as directed by the Men’s Athletics Director, all of which shall be subject to the terms and conditions set forth in the Professional Services and License Agreement between University and LLC.

    (13) For the period that Coach is the Head Football Coach at the University, LLC will cause Coach to assist in the production of and to appear on any radio or television show that features the Program, including, but not limited to, any weekly radio and television shows, as directed by the Men’s Athletics Director, subject to the terms and conditions set forth in the Professional Services and License Agreement between University and LLC.

    (14) Coach will work with the University and use reasonable best efforts to raise funds to help fund the Program. During the Term of this Agreement, LLC shall allow Coach’s name, likeness, and biographical sketch to be used by the University for fundraising and for any other reasonable purpose that supports the Program or the University, subject to the terms and conditions set forth in the Professional Services and License Agreement between University and LLC.

    (15) Coach will be required to perform such services in connection with University sports camps and clinics as may be assigned by the Men’s Athletics Director. Coach may not participate in sports camps or clinics that are not approved by the Men’s Athletics Director. Coach understands that assistant coaches on his staff also will be required to perform services in connection with University sports camps and clinics and that they also may not participate in sports camps and clinics that are not approved by the Men’s Athletics Director.

    (16) Coach recognizes that his statements about the University and its administrators are often publicized and he agrees to use his best efforts to keep positive and constructive in tone any public comments he makes about University policies or actions taken by senior administrators.

    (17) The University enters into agreements with various manufacturers and distributors to provide athletic equipment, supplies, and accessories (“Products”) for the University’s Intercollegiate Athletics departments and programs. In accordance with the terms of such agreements, and subject to the terms and conditions set forth in the Professional Services and License Agreement between University and LLC, LLC will cause Coach to participate in promotional activities and will sublicense exclusively the use of Coach’s name, image, and likeness for commercial exploitation by University to endorse those Products that are provided for use in the Program. Coach, the assistant coaches, student-athletes, and other personnel of the Program will be required to use the EXECUTION VERSION 5 Products in practice, games, and at public appearances in accordance with the terms of any such agreements.

    (18) Coach will be a Campus Security Authority (“CSA”) as defined by the Clery Act. As a CSA, Coach will comply with University policies on the reporting of crime statistics and related information to the official designated by the University for the purposes of Clery Act reporting. (19) In compliance with Title IX of the Education Amendments of 1972, Coach will be a Responsible Employee as defined by University policies on Sexual Harassment and Sexual Misconduct. As a Responsible Employee, Coach will report incidents of sexual misconduct (including sexual harassment and sexual violence) and other inappropriate sexual conduct to the University’s Title IX Coordinator or other appropriate designee as required by University policy. (20) Coach shall also perform such other duties and responsibilities that are consistent with his position as may be assigned from time-to-time by the Men’s Athletics D

     

    i have to say, that is a very University friendly contract.  Wow Tom.

  6. 10 minutes ago, Bill Lumbergh said:

    I'm not a lawyer, but it seems like if Tom ignored direct orders from cdc on how the team was to engage regarding the eot, AND as a direct result of that decision the AD was losing $ from donors, that's a more material issue.

    The "I told you to have your team stay for the song and you ignored me and I don't like it" argument is much more eye-roll inducing than the "I told you to have your team stay for the song and you ignored me and as a direct result a bmd is threatening to pull a substantial donation" argument.

    I don't think his contract is in the public domain, but termination for "cause" definitions (assuming Tom had halfway decent representation) are generally drafted pretty narrowly if the employee has any leverage at all.  Tom had a ton of leverage.  Plus, I don't think anyone wants a public spat over whether the termination is for "cause" or not.

    • Hook 'Em 2
  7. Isn't Tom owed a ton of guaranteed money?  He's not going anywhere, even if the rest of the season is a massive disappointment.  Reading between the lines on the Jake Smith and Brennan Eagles reporting and Super K saying a few days ago he expects us to lose 3-4 recruits based on negative recruiting coming from current players, it is crystal clear that some kind of blowup happened and there are real issues going on behind the scenes.  This team needs to win and use the bye week to get their shit together.

  8. On 10/7/2019 at 11:00 PM, DDD Dad said:

    Does this get SCOTUS review?  How does a Roberts court with a conservative majority address this?  

    No idea.  But the notion that those self-serving DOJ memos saying that a sitting President can't be indicted for a crime are absurd.  They are arguably binding on a DOJ employee (which I think Mueller was?), but I don't think courts will ascribe them any weight.

  9. 3 minutes ago, SwanderedTalent said:

    What would our lawyers have done differently? You're asking them to anticipate and contractually negate the possibility of one kind of pretty unethical behavior-- I get it, they're lawyers, how could they not?-- but I'm not sure this is a contingency they would have seen as reasonable to expect.

    <--- not a lawyer, no idea

    You draft the definition of any future university employer to include any and all affiliated and related entities for purposes of the salary offset.  You also tightly define "salary".  This is common stuff -- disputes over employment agreement entitlements happen all the time and I suspect even moreso in college athletics given the coaching turnover. 

    Having never read the contract (aka have zero idea what I'm talking about in this circumstance) it's not unethical to exploit poor draftsmenship.  UT is a sophisticated party represented by high dollar attorneys and if there was a loophole there for his client to exploit, Charlie's lawyer did nothing wrong telling him how to do so.  If all this is true and we shot ourselves in the foot, I imagine this is why UT hasn't made a stink about this in the media.

  10. 1 hour ago, TKthunder2 said:

    From my buddy in FL, they think the second secret contract thing was the way USF was able to get Texas to pay for his salary.  Again, not sure how reliable this is but supposedly the Texas contract specified that money paid by the university (even if backloaded like it was) would be taken out of his pay by Texas with a lot of provisions to avoid us getting screwed over, but Strong and USF got around that by having the USF Foundation pay for the vast majority of his contract.

    I hope this story isn't true and UT hires better lawyers than that.  A modestly competent drafter would never make that mistake.  I also wonder if that scenario (employed by the University, paid by the Foundation) creates wage withholding or non-profit tax issues.

  11. 16 minutes ago, Chuckie Finster said:

    LOL dumbass just admitted that his earlier "I will not disclose executive conversations" was actually a "yes."

    I actually lean towards that being intentional. Tons of people don’t like Trump, even within his administration, and this is a man who did just threaten to resign. It’s a way to say yes without saying yes. He could have just as easily said he couldn’t confirm or deny, but if there was such a conversation, it’d be covered by executive privilege and he couldn’t discuss. This is a sophisticated dude who was most definitely prepped for that exact question.  

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