Grant of Rights article

[Chip]

If this article is pretty close to reality (you lawyers can tell me), between this and the Pinstripe Bowl, The Dude's head might actually explode. I hope that doesn't ruin the internet, I've grown fond of it.

http://outkickthecoverage.com/myth-of-the-big-12s-grant-of-rights.php

 

[Scooch]

Interesting piece, but there are so many assumptions in it. I'm skeptical of anything written by a lawyer who presumes to know how courts will rule. No one does. Especially when these things are often heard in state judicial systems that either very sympathetic or entirely hostile to the parties involved.

I'm of the opinion that GOR's, exit fees, and the like really don't ensure much of anything. Hell, we have schools like Boise State and TCU paying millions to conferences that they've never played a game in to get out of future membership!

Basically, schools are going to go where they want to go, if invited and it makes financial sense.

 

[MaxwellCuse]

So the Almighty GOR isn't?

I had heard the same from a lawyer friend, but his specialty isn't contract law.

 

[Chip]

Interesting piece, but there are so many assumptions in it. I'm skeptical of anything written by a lawyer who presumes to know how courts will rule. No one does. Especially when these things are often heard in state judicial systems that either very sympathetic or entirely hostile to the parties involved.

I'm of the opinion that GOR's, exit fees, and the like really don't ensure much of anything. Hell, we have schools like Boise State and TCU paying millions to conferences that they've never played a game in to get out of future membership!

Basically, schools are going to go where they want to go, if invited and it makes financial sense.

Yeah, wasn't really sure how I felt about that article, but interesting to read people taking it on. From my simplistic point of view, the thought that Texas or Oklahoma signed up for anything that is going to keep them locked into the Big 12 for ten years is laughable.

 

[HtownOrange]

The writer's premise is correct and the courts use the same basic doctrines to resolve contract disputes. The U.S., particularly New York's 2nd Circuit, is highly developed in contract law. So much so that most of the country uses the same or extremely similar laws for contracts. British law is comparable. Most of the world uses British or U.S. laws to resolve international trade (contract) disputes, even when arguing in foreign jurisdictions (i.e. New York law applied though the hearings are in the Hague). I say this to point out that contract law is stable and predictable, which explains why most lawyers agree the GOR really amounts to nothing more than a starting point for negotiations. It is highly unlikely that the GOR is enforced as is by the courts.

Though it is true that courts have great latitude (thus you cannot guarantee an outcome), one principal is that courts be consistent with established law. Obviously, if the GOR was upheld in trial court, an appeal would be made in short order.

I agree with Scooch's opinion that state courts can get more emotional about issues. However, if Texas, or Oklahoma, were to breach, they would seek to file first in their own states for that emotional factor.

 

[arbitragegls]

If this article is pretty close to reality (you lawyers can tell me), between this and the Pinstripe Bowl, The Dude's head might actually explode. I hope that doesn't ruin the internet, I've grown fond of it.

http://outkickthecoverage.com/myth-of-the-big-12s-grant-of-rights.php

Basically this is correct and legally logical...the fallacy that most seem to inpute to the GOR is that it is one-sided. Team leaves conference, conference keeps the media dollars. Well, first that is true as so far no TV contract has been reduced because of teams leaving...MORE Importantly, would the Big 12 (hell who knows what that conference would do) televise a Oklahoma game against Washington if Oklahoma was not in the Big 12. Legally I believe that Oklahoma would have recourse to obtain dollars for use of their game such that the Big 12 would not want to market a team not in its conference. Additionally, depending on Tier level of game, in this case Oklahoma could be paid for being a visiting team to Washington...and its tier 2 or tier 3 home games remain with Oklahoma regardless of GOR.
Bottom line, GOR is no better or worse than an exit fee--particularly an exit fee that is part of a conferences by-laws where all universities accepted the bylaws as the measure or standard of the conference to be followed. Contracts are made to be broken...

 

[HtownOrange]

Basically this is correct and legally logical...the fallacy that most seem to inpute to the GOR is that it is one-sided. Team leaves conference, conference keeps the media dollars. Well, first that is true as so far no TV contract has been reduced because of teams leaving...MORE Importantly, would the Big 12 (hell who knows what that conference would do) televise a Oklahoma game against Washington if Oklahoma was not in the Big 12. Legally I believe that Oklahoma would have recourse to obtain dollars for use of their game such that the Big 12 would not want to market a team not in its conference. Additionally, depending on Tier level of game, in this case Oklahoma could be paid for being a visiting team to Washington...and its tier 2 or tier 3 home games remain with Oklahoma regardless of GOR.
Bottom line, GOR is no better or worse than an exit fee--particularly an exit fee that is part of a conferences by-laws where all universities accepted the bylaws as the measure or standard of the conference to be followed. Contracts are made to be broken...

Yeah, the article and my response both left out potential counterclaims and cross claims. Talk about a sticky mess, most judges will look to force a settlement before tackling the issue of the validity of the GOR.

Additionally, there is one obvious 800lb gorilla that gets overlooked. If Texas +3 go to the PAC and one or more others get invited elsewhere, there are only 5 teams left, not enough for a conference, or a dissolution in reality, thus, no more GOR. A few schools will lose out, but they will get some negotiated compensation.