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Miami Emerges As Favorite For Duke Transfer QB Darian Mensah

Trinton Breeze
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JackMcClinton89 said:
I am still not sure this mess is worth it. We could have snapped up Raiola within the window for like $2ish million and had a good shot at 9 wins next year. Now we are universally hated, and likely going to be paying a ton for a slight upgrade at QB.
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Im not even sure this is true. Oregon appeared to have the jump on him from the get go
 
If Mensah loses today or the judge pushes it off to Feb, this is what AI predicts will happen.

If the deadline passes, expect Mensah to immediately sue Duke for millions in lost NFL earnings and tortious interference.
 
dolemite79 said:
They brought out the big guns cause they aint messin around
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When I heard their counter argument on the video with D$ & Sallah, it hit me like what I imagine heroin hit Jared Leto in Requiem for a Dream
 
TheOriginalCane said:
Absolutely correct with this post.

Here is the mistake that David McKenzie (and many sports commentators) are making...over and over and over again.

They do not see the BIG PICTURE of what the NCAA has moved to (open transfer rules) and they hyper-focus on specific clauses in specific NIL agreements as if some school or some conference has finally cracked the nuclear code on how to prevent a kid from transferring after signing an NIL deal.

Spoiler alert: they can't.

Not only can these schools no longer enslave student-athletes and OWN THEM (and/or their NIL rights), but they also can't exceed the simplest and most basic NCAA rules and rights.

50,000 university lawyers and 500,000 typing monkeys have been trying to craft the perfect trap for two years now, the most amazingly written set of limitations and penalties and clauses that will prevent a student-athlete from transferring (or else cause him/her grievous finanacial penalties).

But they can't. They can't prevent the transfer.

You can't buy loyalty. You can demand it, you can inspire it, but you can't purchase it, not when a student-athlete has the right to move on for a wide variety of reasons...or simple whims...or spite...

Instead, we have to hear windbags like David McKenzie telling us how "the Duke contract does all kinds of things that the Wisconsin contract didn't do...it's ironclad...airtight...uptight...outtasite...it's automatic...it's systematic...it's hydromatic...". While David McKenzie may be a competent attorney, he doesn't realize that he is on a fool's errand, searching for the (non-existent) holy grail of anti-transfer contractual language, to prevent a student-athlete from doing the very thing that he/she has every right to do.

Transfer.

And having said that, I have NO PROBLEMS with schools seeking recoupment of money they have already paid for "value" they will never receive. There are only two choices here. Either (a) recognize that every deal is, essentially, a one-year deal (while doing everything a coach can do to keep his players happy and motivated), or (b) acknowledge that every year PAST the first year is still written in erasable ink (while drafting repayment-recoupment-clawback clauses accordingly).

I respect the right of attorneys like David McKenzie (and better attorneys) to analyze these NIL clauses in a vacuum. They may be perfectly valid contractual clauses in a wide variety of non-NIL settings.

But as it relates to the ability of student-athletes to enter the Portal and transfer to a new school, these clauses cannot and should not be allowed to stand, take precedence over the NCAA rules, or cause substantial economic harm to 18 and 19 and 20 year old student-athletes that these schools are purporting to want to educate.
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Doesn’t this Duke contract state that NCAA regs supersede the contract? If that’s true, doesn’t that kill their case?
 
dycane said:
Not really. Starts at the firm, becomes a career clerk for 18 years, then goes back to the firm.
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uh you misread her bio, she was the law clerk for a US district Court Judge. That's a prestigious position. She wasnt just some low level clerk at the law firm.
 
NorthernVirginiaCane said:
Durham isn't Mayberry. The local courts are not inbred cannibals. Most of those guys are UNC fans anyways. Everyone hates Duke.
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It's not Mayberry at all. It's the Research Triangle. Big schools and high tech companies.
 
dolemite79 said:
uh you misread her bio, she was the law clerk for a US district Court Judge. That's a prestigious position. She wasnt just some low level clerk at the law firm.
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No, I didn’t.
 
dolemite79 said:
uh you misread her bio, she was the law clerk for a US district Court Judge. That's a prestigious position. She wasnt just some low level clerk at the law firm.
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Yeah.

"Clerking" for a federal court judge is not like the movie "Clerks"...
 
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