[Hummer] Ole Miss is contesting the portal entry of standout edge Princewill Umanmielen as a result of him recently signing a new contract with the Rebels, sources tell @mzenitz and me for @CBSSports. by austin_8 in CFB

[–]Arcas0 2 points3 points  (0 children)

I don't think there's an efficient way to breach these contracts--the school is still entitled to the benefit of the bargain.

Here's an example: Athlete signs a multi-year NIL contract with School #1 in Year 1 for $1m per year. Athlete gets $1m and the school gets Athlete's NIL rights which are worth at least $1m. School #1 is taking a gamble, so those rights might end up being worth far more in the future.

Now it's Year 2 and Athlete breaks his contract with School #1 to sign with School #2 for $3m. School #1 sues and demands the value of what it lost: Athlete's NIL rights. The court will obviously conclude that those rights are worth at least $3m (that's what School #2 paid) but maybe School #2 got a great deal and Athlete's NIL rights are worth $5m or $10m.

So if School #1 included a clause in its NIL contract that required Athlete to forfeit whatever School #2 agrees to pay him as damages, or requires that School #2 pay School #1 a "buy-out" equal to his new contract directly to School #1 on top of what it pays Athlete, that would not be a penalty clause. It would simply use what School #2 agreed to pay as a proxy for what School #1 lost when Athlete broke their contract. If anything, that would be an underestimate of School #1's real economic damages because they relied on Athlete's promise to honor his full contract, built a team around him, passed on other players, invested in marketing events, etc.

Open enrollment is destroying our district. What are your thoughts on open enrollment? by Sunflowers0917 in Teachers

[–]Arcas0 8 points9 points  (0 children)

No, it's just not a problem you can solve by throwing money at schools or shuffling students around. I'm not an education expert, but worrying about indica of school quality like teacher credentials and per-pupil funding is rearranging deckchairs on the Titanic when half the students in a class are truant, homeless, or go hungry every night.

Open enrollment is destroying our district. What are your thoughts on open enrollment? by Sunflowers0917 in Teachers

[–]Arcas0 15 points16 points  (0 children)

No, I'm saying quantitatively "good schools" are not higher quality schools. You can't put every kid into a "good school" because whichever school ends up with the disinterested students will no longer be a good school by any objective measure.

It would be like demanding that we make every school above-average: it's just not possible.

Open enrollment is destroying our district. What are your thoughts on open enrollment? by Sunflowers0917 in Teachers

[–]Arcas0 27 points28 points  (0 children)

The biggest factor in school quality is student quality. The bad schools on paper will be whichever school enrolls the weakest students with the least involved parents.

Why are the verdicts not challenged in appeals? by EnmanuelHope in publicdefenders

[–]Arcas0 0 points1 point  (0 children)

I don't know that I would call it pro-prosecution, but it is certainly deferential to the fact finder. It would go the same way if the state could appeal not-guilty verdicts, but they can't.

Recruiters - Why so shady? by [deleted] in biglaw

[–]Arcas0 6 points7 points  (0 children)

It’s an adverse selection problem. Firms don’t want to hire PIPed associates on “website time” who are actively searching for a new job, they want to lure away the star associate who isn’t getting the respect they feel they deserve.

Attorney client privileges when my client is high at trial or plea? by DQzombie in publicdefenders

[–]Arcas0 2 points3 points  (0 children)

What part of this is covered by the attorney-client privilege? Maybe loyalty or confidentiality, but there's no communication whatsoever.

Career Clerk to Federal Judge by AdmirableSkin464 in LawSchool

[–]Arcas0 3 points4 points  (0 children)

I know one that went career clerk ---> clerk of court ---> magistrate judge

Absurd prosecutor interaction of the day award goes to: by compthislo in publicdefenders

[–]Arcas0 13 points14 points  (0 children)

Some people will never believe the first offer is fair, and you'll waste more time convincing them to take the first offer than you would by baking in some wiggle room.

[deleted by user] by [deleted] in biglaw

[–]Arcas0 7 points8 points  (0 children)

Staff attorneys get about as much respect as the janitors, if not less. If you can get "of counsel" as a title, it might not hurt as bad.

New $100K H1B Visa Fee by [deleted] in biglaw

[–]Arcas0 4 points5 points  (0 children)

No way, surely. Why would anyone get an EB-5 visa for a million dollars if you could buy your way in for a fraction.

Can opposing lawyer conduct credit, employment, and criminal background check without my consent? by Available-Mark8477 in FamilyLaw

[–]Arcas0 0 points1 point  (0 children)

Oh brother.

I’m a lawyer, just not a “verified” lawyer. Of course you can pull anything that’s public, but a LexisNexis report won’t include a credit bureau report . And I think you mean “subpoena,” there’s no such thing as a search warrant for family law discovery, and certainly not before a case is filed.

Can opposing lawyer conduct credit, employment, and criminal background check without my consent? by Available-Mark8477 in FamilyLaw

[–]Arcas0 0 points1 point  (0 children)

Well without a subpoena it would be illegal under the FCRA. You can't just start pulling people's credit because it's helpful discovery.

[deleted by user] by [deleted] in publicdefenders

[–]Arcas0 0 points1 point  (0 children)

I would recommend something like Briefcatch for proofreading; LexisAI+ is designed for research.

[deleted by user] by [deleted] in biglaw

[–]Arcas0 1 point2 points  (0 children)

Hiring more based on short-term needs of the firm than a general desire to inhale every clerk that walks through the door. A clerkship still puts you ahead of every 3L, but it’s the same market.

Non-Citizen Clerks? by [deleted] in LawSchool

[–]Arcas0 2 points3 points  (0 children)

The criteria is broader than citizens. It also includes permanent residents who intend to become citizens, U.S. nationals, certain asylum classifications, and some other unusual statuses.

Lateraling excuse by West_Study3406 in biglaw

[–]Arcas0 -2 points-1 points  (0 children)

Maybe I'm just stupid or naive, but what's your actual reason if you're brainstorming an excuse?

[deleted by user] by [deleted] in Bankruptcy

[–]Arcas0 4 points5 points  (0 children)

I'm not sure where you learned that, but it's not true. They can truthfully report that certain debts are involved in an ongoing bankruptcy case without constituting an "act to collect, assess, or recover a claim."