
David McKenzie
@mckenzielaw
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Intellectual Property Law | First Amendment | Duke Alum | UNC Dad | Clemson Native | Survivor | https://t.co/JCAbOHluiI | Semper Fidelis | #RunWithTheMarines | @McKenzieLaw
Raleigh-Durham-Chapel Hill, NC
Joined August 2009
And by this I mean that FSU and Clemson can raise all their obnoxious sovereign immunity arguments to undo this very deal. You know, all their State/King "can do no wrong" idiotic arguments that have no bearing on a contract that grown adults signed and took millions under.
This is, by far, the most bewildering aspect of this Settlement Agreement. It highlights both the ACC’s stupidity and Clemson and FSU’s superior bargaining leverage: the ACC didn't get a waiver of sovereign immunity. So, let's all go back to square one. I am sure that.
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Go Tigers. Clemson sure won on this one. I say this as a Clemson native-- DWD '92.
Updated story here on the Clemson-ACC settlement, including some thoughts from @mckenzielaw, who says this agreement essentially does away with the ACC grant of rights and "converts ACC membership from a binding obligation to an annual economic decision"
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That fundamentally misunderstands both the law and the issue. First, these aren't private contracts-- they're compensation arrangements funded directly or indirectly by taxpayer money through public universities. Second, existing public records law already protects genuine.
This is big. We’re seeing a huge trend of public records requests by media and other parties to obtain details around specific athlete’s #NIL deals, and language like this is essential to protect athlete privacy.
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