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LawTalkingGuy
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| Number of Posts: | 106 |
| Registered on: | 3/19/2025 |
| Online Status: | Not Online |
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re: SCOTUS will hear Birthright Citizenship case
Posted by LawTalkingGuy on 12/7/25 at 8:48 am to SlowFlowPro
quote:
Illegals" didn't exist as a concept when the 14A was drafted.
We had open borders. The real restrictive immigration laws that created the concept of "illegals" didn't occur for decades.
This is the real issue to me. When the 14th was ratified, it clearly granted citizenship to anyone born on US soil, other than Indian reservations. The children of immigrants were intentionally included.
Decades later, immigration laws were enacted, and we began to see a new class of resident, the "illegal immigrant". The question, of course is whether the 14th grants citizenship to the children of this new class of resident?
Like it or not, I think it has to. Congress cannot change the meaning of the Constitution by passing new laws.
Prior to the immigration laws being enacted, if a Mexican couple wandered across the border and took up residence in the US, then the 14th Amendment granted citizenship to their children. So there shouldn't be any way for Congress to deny citizenship to the children of immigrants by passing immigration laws
re: Bessent says administration can replicate tariffs if they lose at the Supreme Court
Posted by LawTalkingGuy on 12/4/25 at 12:31 pm to BTROleMisser
quote:
Here's a crazy reality... You can't pass anything in Congress without some Democrat votes. AND the Senate is controlled by GOPe/uniparty/RINO never-Trumpers
Well, are tarrifs the answer or not? Use a little leadership and deal making to convince Dems and Never Trumpers to go along. Maybe Compromise here and there. That is how our government used to function. We have data points right now to judge whether these tarrifs are useful.
If tarrifs are some critical necessity, then nuke the filibuster to get them.
If Congress won't go along, then maybe our Country doesn't want these tarrifs. And that would be something to consider
Honestly, I think Trump should be doing both. Seek legislation, but also use existing legislation to do what he reasonably can.
But dont use the inefficiency of Congress to bypass the Constitution. Congressional inefficiency is a feature, not a bug.
re: Bessent says administration can replicate tariffs if they lose at the Supreme Court
Posted by LawTalkingGuy on 12/3/25 at 11:02 am to bigjoe1
Here's a crazy idea: Just get your GOP majority Congress to pass the tarrifs, along with granting you the authority to adjust the Congressional tarrifs based on negotiations with foreign countries. Exactly what Our Constitution intended.
re: Trump announces autopen pardons are “null & void”
Posted by LawTalkingGuy on 12/3/25 at 10:58 am to hawgfaninc
He can arrest people, I guess, but they can still choose to use their pardon as a defense. Then a judge will decide if they are valid.
re: What would stop a school with huge donors from having a 100,000,000 dollar NIL fund?
Posted by LawTalkingGuy on 11/20/25 at 2:26 pm to Alatgr
quote:
It’s gonna be cool when they impose a salary cap so we will basically just be watching the NFL in different uniforms.
We essentially are there. This revenue sharing nonsense is a salary cap, they just don't call it that because they refuse to admit it is pay for play.
The NIL Clearinghouse is supposed to prevent NIL deals from secretly being pay for play deals, which is the same thing the pro leagues do.
The difference in college, though, is these Collectives. They are basically allowing a fan club to pay athletes NIL money to endorse the fan club. Those are clearly pay for play deals, except that the athletes have to actually participate in marketing to get the money.
re: The Athletic posts an article on the history of Lane Kiffin's job changes
Posted by LawTalkingGuy on 11/20/25 at 2:20 pm to atxfan
He got on Pat Hayden's last nerve.
They finished 2012 with a 7-6 record aftercstarting the seadon ranked #1 in both polls. They then opened the 2013 PAC season with ugly losses to Washington State and Arizona State. He was not allowed on the team bus after the ASU loss, but I'm not sure anyone ever explained why firing him became so urgent.
They finished 2012 with a 7-6 record aftercstarting the seadon ranked #1 in both polls. They then opened the 2013 PAC season with ugly losses to Washington State and Arizona State. He was not allowed on the team bus after the ASU loss, but I'm not sure anyone ever explained why firing him became so urgent.
re: What would stop a school with huge donors from having a 100,000,000 dollar NIL fund?
Posted by LawTalkingGuy on 11/20/25 at 2:06 pm to Cell of Awareness
quote:
They do not want Congress to start thinking about legislation,
"Start" thinking? The SCORE act is already working its way through committee. It essentially codifies the House settlement, and gives anti trust protection to the schools and conferences as long as they follow the rules.
I don't know if its a good idea to codify this system before we know if it works....but the anti trust exemption is a good thing.
re: Find it hard to believe OM can pay 30-40MM in NIL
Posted by LawTalkingGuy on 11/20/25 at 1:55 pm to Billy Mays
quote:
Ole Miss had a $10-15M roster last year when there was no rev share.
And failed to make the playoffs
re: Is Sexton manipulating a deal to ger Kiffin to Alabama?
Posted by LawTalkingGuy on 11/20/25 at 1:50 pm to TigerGrad03
quote:
Sexton wants a client at all major football programs. He wouldn’t shite on his relationships at OM, LSU, and UF.
He already has.
And the big money guys in Tuscaloosa don't want Kiffin.
re: What would stop a school with huge donors from having a 100,000,000 dollar NIL fund?
Posted by LawTalkingGuy on 11/20/25 at 1:49 pm to extremelsu
quote:
NIL fund is kind of gone. Rev share now
Third party NIL is still the primary force. The Collectives were given the right to keep paying players to advertise for the Collectives. So, they can pay an athlete to, say, sign autographs at an alumni fund raiser, even though the funds are being raised for the Collective.
The limitation is the contracts have to be fair market value. I don't know what FMV for an autograph signing like above would be, but it probably isn't $500K. To spend the money on these athletes they have to organize a TON of marketing scenarios.
re: What would stop a school with huge donors from having a 100,000,000 dollar NIL fund?
Posted by LawTalkingGuy on 11/20/25 at 1:44 pm to 03 West CoChamps
quote:
0 chance this holds up in court when challenged.
Its already been approved by a court. Its the result of a settlement of a class action lawsuit over restrictions on NIL payments.
The athletes opt in to the settlement agreement in order to get paid, and in doing so they waive any anti trust claims they may have relating to NIL payments.
Its not likely to be challenged until some attorney convinces a hot shot Freshman athlete to opt out of the settlement and bring a lawsuit.
Even then, if he is successful, he will just be paving the way for future athletes...the ones who have already opted in will be stuck.
re: Does LSU/OM/UF current rosters play into Lane’s decision?
Posted by LawTalkingGuy on 11/20/25 at 9:19 am to Demonbengal
quote:
Doubtful. With nil/portal you can bring in an all new roster. If it’s Kiffin he’s probably bringing on of his QB’s with him
This is what people seem to overlook. He can bring just about anyone he wants from UM with him.
re: Kiffin is under an extended contract already to OM.
Posted by LawTalkingGuy on 11/18/25 at 10:29 am to Crappieman
I've never read Kiffin's contract, but thevwaybI understand his automatic extension is that it doesn't kick in until Jan.1. He earned it with his seventh victory, but its not effective until Jan. 1, and either party can cancel the extension with notice.
Not really relevant, anyway. His buyout remains the same, and they need a whole new contract in order to give him a raise.
Not really relevant, anyway. His buyout remains the same, and they need a whole new contract in order to give him a raise.
re: Early Termination Clause Question for the Legal Minds of the TD.
Posted by LawTalkingGuy on 11/18/25 at 9:33 am to Crappieman
If a coach, or university, wants to terminate a contract early, they can. If there is no provision for early termination then one party may be in breach of the contract. Breach of contract might sound bad, but legally anyone can choose to breach a contract.
If you do breach a contract, though, you have to make the other party financially whole. And the question becomes what is a fair value to pay when one party breaches an employment contract like this via early termination.
And that's where the buyout clauses come in. They are actually liquidated damages clauses. The parties are agreeing that the damages for early termination are hard to measure, and so they go ahead and state what each party has to pay.
You can't force someone to work for you if they don't want to. If a coaching contract has no buyout or early termination provision, the coach can still walk out and go coach somewhere else. But the school would then have to sue them and prove how they are financially damaged.
Some contracts can require specific performance, forcing the breaching party to go ahead and comply, but employment contracts like this would not fall into that category.
Now, a school could try to slip in a non-compete clause, attempting to prevent a coach from working at a rival school for a year....but I don't think it would be enforceable, and no coach would sign it anyway.
If you do breach a contract, though, you have to make the other party financially whole. And the question becomes what is a fair value to pay when one party breaches an employment contract like this via early termination.
And that's where the buyout clauses come in. They are actually liquidated damages clauses. The parties are agreeing that the damages for early termination are hard to measure, and so they go ahead and state what each party has to pay.
You can't force someone to work for you if they don't want to. If a coaching contract has no buyout or early termination provision, the coach can still walk out and go coach somewhere else. But the school would then have to sue them and prove how they are financially damaged.
Some contracts can require specific performance, forcing the breaching party to go ahead and comply, but employment contracts like this would not fall into that category.
Now, a school could try to slip in a non-compete clause, attempting to prevent a coach from working at a rival school for a year....but I don't think it would be enforceable, and no coach would sign it anyway.
re: Germany to reintroduce military conscription today…
Posted by LawTalkingGuy on 11/13/25 at 12:08 pm to RollTide1987
WTH is "voluntary conscription"? Seems oxymoronic.
re: No SCOTUS Ruling on Tariffs Until Next Year?
Posted by LawTalkingGuy on 11/12/25 at 9:13 am to ChatGPT of LA
[quote]if I were Trump, I'd get it shoved thru congress now, so all his tariffs stay in placedetails.
He should have been doing this since "Liberation Day" announce the tariffs while simultaneously getting Congress to make them statutory. The bill could even allow POTUS the power to raise and lower tariffs based on negotiations with other countries.
He should have been doing this since "Liberation Day" announce the tariffs while simultaneously getting Congress to make them statutory. The bill could even allow POTUS the power to raise and lower tariffs based on negotiations with other countries.
re: Check out this revisionist history propaganda in Netflix series Death by Lightning
Posted by LawTalkingGuy on 11/10/25 at 11:27 am to Sassafrasology
I think its an entertaining series, although I have no idea how historically accurate it might be. He'll, the only thing I knew about James Garfield was that he loved lasagna and hated Mondays.
It may be fictional, but I don't think its "propoganda" because there isn't really a political message at all....other than New York politics being corrupt AF in the 19th century.
It may be fictional, but I don't think its "propoganda" because there isn't really a political message at all....other than New York politics being corrupt AF in the 19th century.
re: Socialism has to be stamped out
Posted by LawTalkingGuy on 11/9/25 at 2:36 pm to DyeHardDylan
Maybe we start at the top, and not have the government take an ownership interest in large corporations, or give large subsidies to businesses that are not profitable on their own?
re: Trump is not happy about SCOTUS and tariffs
Posted by LawTalkingGuy on 11/9/25 at 2:02 pm to CDawson
quote:
Wonder why no other lawsuits were filed against any other Presidents when tariffs were imposed.
Weird, right?
It might be weird, but there have been 100s of lawsuits filed against past presidents relating to tariffs. They just aren't interesting enough to warrant much historical study.
Plus, there is not usually such a broad swath of tariffs that affect so many people at once. Nobody really cares if a zipper importer is paying a little extra for zippers he imports from Viet Nam.
re: Trump is not happy about SCOTUS and tariffs
Posted by LawTalkingGuy on 11/9/25 at 1:03 pm to IMSA_Fan
quote:
I feel like IEEPA got really wonky when Congress got stripped of the legislative veto in 1983 which was the key to checking executive overreach
I'm pretty much a non-delegation guy, but all of these delegation statutes are now weird. Congress can delegate its power, but the only way to UNdelegate it is to pass a new statute, which has to be signed by POTUS.
If the issue became so.politically hot that you gotvs supermajority of Congress to agree, then they could override a veto, or even threaten impeachment, but that just seems unlikely in today's environment.
re: Trump is not happy about SCOTUS and tariffs
Posted by LawTalkingGuy on 11/9/25 at 12:35 pm to TigerRealtor
quote:
If he wants to embargo trade with the whole world, he has the power, but it’s his political funeral. He does not have the power to tax though
POTUS doesn't have the power to embargo, either, unless Congress delegates that power to him.
That's really what this whole case is about: exactly what power was delegated to POTUS via IEEPA. All of this talk about taxing power vs. Regulation of trade is just a minor issue in interpreting the statute.
ALL of the power at issue here belongs to Congress, and the question is how much was delegated under IEEPA.
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