BRCE

August 16th, 2011 at 9:41 AM ^

Since when does the SEC care about having a wholesome rep?

I don't buy it. I think A&M are a bunch of bitter, delusional losers who want to get away from UT at any cost and are convinced people actually want them.

superstringer

August 16th, 2011 at 11:23 AM ^

That article pretends to do a legal analysis, but its discussion of "tortious interference" has a MAJOR GAPING hole, so don't trust it.

Basically, tortious inference is a common-law civil liability claim where a third party (C) can be liable for encouraging one party (A) to breach its contract with a second party (B) -- B would sue C for tort damaages.  BUT, to be liable -- and this is the hole in that article -- C's conduct must be "wrongful" (it's stated in a number of different words in various states) -- meaning, C must do something immoral, illegal, and/or separately tortious (e.g. fraudulent), etc.

The law ALLOWS third parties to present better business offers.  C going to A and saying, hey I can cut you a better deal, even after you pay off B.  That is entirely permissible, and in fact, sort of encouraged.  It's called capitalism.  Market economics.  The law allows parties to breach contracts, you just have to pay off breach damages.  If it's better economically for A&M to join the SEC even after paying breach damages to the BigXII, then, the law allows that.  The SEC does nothing "wrongful" by trying to present a better deal to A&M.

So while I do think the SEC is trying to protect itself from lawsuits, there's nothing stopping the SEC from making an offer to A&M.  It would merely be unseemly, perhaps, but not illegal or tortious.

Brodie

August 16th, 2011 at 4:22 PM ^

Here's what happened:

 

Texas A&M approached the SEC

The SEC did their research and determined they'd be liable if they poached A&M while they were in the Big 12

The SEC voted not to extend an invite, but Silve's comments on the vote contained at leat 100 instances of the words "at this time" and "right now"

A&M votes to leave the Big 12, placing all liability on them

Now the move can proceed

Brodie

August 16th, 2011 at 4:59 PM ^

They might even just stop at 13

But ask yourself... if you truly believed that 16 team conferences were the future (and it seems like most ADs do), why would you stop at 14? A&M leaving is going to create a domino effect, it will be even worse if the SEC poaches an ACC team. There will be so much up for grabs, you're asking ADs and Commissioners to just stop instead of going all the way and trying to carve out the biggest pie slice for themselves.

justingoblue

August 16th, 2011 at 1:42 PM ^

I don't think the SEC gives a damn about academics, the new market is okay and all, but there have to be viability issues after Beamer is gone. I also don't think there's any way in hell that FSU and Miami are brought into the SEC, even though I disagree about the money they would bring in. Nobody disputes the financial viability ND brings to the table even though the BTN is all over Indiana already.

neoavatara

August 16th, 2011 at 9:13 AM ^

The problem is, who are the other dance partners?  Apparently each SEC team is blocking their instate rival, for example Florida blocking Florida State.

Noahdb

August 16th, 2011 at 9:20 AM ^

Rumor has it that they are looking to expand into the VA/DC television markets. That means that a school like UMd or VPI would be the next selection.

Belisarius

August 16th, 2011 at 9:26 AM ^

They wouldn't take Maryland. It would be Virginia Tech, which should be of some concern because if the Big Ten is forced to expand, Tech would be the most promising target, in terms of all around suitability.

Belisarius

August 16th, 2011 at 9:50 AM ^

There would be problems. Virginia twisted UVA's arm to make them accept Tech into the ACC. On the other hand, the Texas gov. isn't ok with A&M leaving. There is a balance of power issue here. The state can only go so far in dictating who stays and goes, although I have no notion how happy Tech is in there current situation. The good news for us is, we'd probably take UVA if it means getting Tech, and that would give us the "Virginia Footprint" for sure.

Wolverine In Exile

August 16th, 2011 at 10:53 AM ^

Heard a number of Texas politicos on Rivals radion Sirius yesterday talking with Mike Leach during his show and the basic stance down there is that the whole "Texas legislature won't let Texas A&M leave" meme is a bunch of hooey since most TAMU alums are Ok with this, Houston would likely be invited to fill that void in the Big 12, and if the Big 12 really wants to reconsitute, they could invite more of the Texas schools currently in Conf USA (SMU, UTEP, Rice) to beef up the Big12 numbers wise without UTexas losing a dime. The only real political lever the Tex Leg has is restricting TAMU access to the oil field land grant fund that is already disproportionately weighted toward UTexas, and that, to most of the polticos that called in, would be political suicide for any legislator that tried to introduce that.

Belisarius

August 16th, 2011 at 11:02 AM ^

Well, based on their actions, I'd say A&M doesn't think the legislature can stop them. I also agree that Texas (Imean, the Big 12) should invite more than one team. I think they should aim for three, if they can get the right three. You are right, since they don't really share revenue it isn't much skin off Texas' nose, but it still needs to have value to the brand.

While Houston is a possibility, I don't think they benefit from adding Rice or SMU back into the fold. I doubt TCU would be in the mix. If I were Beebe I'd try to get Houston, which would come in a heartbeat, BYU (whi I suspect would cross over) and Boise State, which would be...more problematic. Builds for the future.

That's all just..."if I were god" stuff.

Brodie

August 16th, 2011 at 5:03 PM ^

Yep, and in that scenario they probably go after NC State (the only NC school where basketball isn't a bigger deal than football and probably not as tied to the other ACC schools in state as VT is to UVA), Mizzou and another Texas school, probably Texas Tech.

If they can only land one of those, it would probably be Tech and they'd probably stop there.

Belisarius

August 16th, 2011 at 9:23 AM ^

Stranger and stranger...Aside from the, SEC playing innocent theory, which I suppose is sound, one might also conclude two other possibilities: 1.) A&M is simply showing that they REEEAALLLLYYY don't want to stay with Texas or 2.) They want to leave and ARE leaving and they'll figure out where they land once they're gone. There is a nice ESPN write up on how the students at A&M are really getting behind the move.

France719

August 16th, 2011 at 9:33 AM ^

The whole SEC statement from this weekend was for two reasons: 1) Legally, they could get in trouble if they extended an invitation before A&M applied, and 2) It was a way to 'pump the brakes' so to speak, in that since everything broke last week, things have gotten incredibly hectic.  It gives A&M time to get their stuff in order, and if it hasn't already happened, it gives the SEC time to secure a 14th team.  

If the regents have approved the president to explore and act on any potential conference changes, that should tell you all you need to know.  A university would not pubcilally acknowledge that unless they had an agreement in place beforehand.  I am not foolish enough to think there isn't still a chance everything could fall through, but I would be damned surprised if this didn't happen at this point.

 

As for the B10, I don't know if this has been posted already, but there was a rumor that OU, OkSt., and two other B12 teams (speculated to be Kansas and K St.) approached the B10 and were told no for academic reasons.  I suspect financially that move also doesn't work out for the B10, so no surprise that they were turned down.  

Now this next bit is mostly pure speculation, but I suspect the B10 is talking behind the scenes to the big fish: Texas and ND.  I suspect ND is starting to realize that they could be left out to dry if they don't join a conference once the dominoes start to fall.  The logical choice is the B10.  I know a lot of people are saying that if Texas is to leave the B12, that the PAC 12 is probably the destination, but I can't help but think that if Texas wanted to be in the PAC, they would have been last year.  Again, I feel like the Big 10 is the logical choice.  The financial windfall both athletically and academically would be huge.  You can also bet that the B10 is selling the idea of adding both those teams to both Texas and ND.  Adding those two could be enough to get the BTN on every basic cable package in the nation, and that equates to huge $$$.  

Again, these are just my thoughts on the whole thing.  I realize there are lot of things that could hold up adding those two teams (the LHN chief among them), but those things could be worked out if the parties are truly interested.  I don't know if the B10 would go beyond 14, though I suspect they would if the right candidates are there (say Oklahoma and Maryland/Syracuse/Mizzou?).  Either way, I'm sure the next few weeks will be very exciting beyond the usual buildup to kickoff.

lhglrkwg

August 16th, 2011 at 10:25 AM ^

I still think that texas is a snobby, not-that-attractive, rich girl who thinks everyone should listen to them and like them. I think that if texas wants to join the big ten, they need to be a team player and all indications are that they don't care about anyone but themselves. i dont want them

Brodie

August 16th, 2011 at 5:06 PM ^

Texas would never agree to full revenue sharing

Unless the Pac-12 or us are willing to let them basically run the show by themselves, they'll probably end up in the Notre Dame situation... independent in football, in C-USA for other sports. Becuase C-USA would be fine with the Longhorn Network and getting none of that.

RowoneEndzone

August 16th, 2011 at 9:36 AM ^

The only good thing that could come of 16 team conferences is if 2 of the big 6 die. That way a playoff can be easily set up. Conference Championship, Regional Championship, National Champs. No more bitching. But I would like everyone to stay at 12 but that is very unlikely.

France719

August 16th, 2011 at 10:08 AM ^

If you locked all teams not in those conferences out, you would get sued.  For that reason, it makes me wonder if the formation of 4 super conferences would be a prelude to those conferences breaking away from the NCAA to form their own league.  That eliminates all legal issues (I believe).

IF the super conferences happen, my ideal scenario for a playoff would be that each conference has 4 divisions, then there is a mini playoff within the conference between the 4 division winners, then the conference winners play each other for the championship.

MGoKalamazoo

August 16th, 2011 at 9:39 AM ^

This is a garbage rehashing from Dennis Dodd, aka the worst writer on the internet. Sources have led to nothing in the last week. A&M is in the Big 12 for the long haul. Just like last year there will be minimal, if any, significant movement

Noahdb

August 16th, 2011 at 9:58 AM ^

They wouldn't take Maryland. It would be Virginia Tech

The Virginia legislature put enormous pressure on UVa to refuse to vote for any ACC expansion that didn't include VPI. One would think that pressure would be shifted to VPI should they choose to bolt.

Maryland, on the other hand, has a long standing gripe with the ACC. They believe that it's the Big Four (NCSU, UNC, WFU, and Dook) and everyone else. They'd split in a heartbeat.

Belisarius

August 16th, 2011 at 10:15 AM ^

Yes, the point is not whether Maryland would want to go, on which I have no notion, it's that the SEC would not want Maryland. Whereas the Big Ten looks at a laundry list of desires in a school which is virtually impossible to entirely fulfill, the SEC wants three things: 1.)  Football, 2.) Money 3.) FOOOOTTTBBBALLLLLL!!!

Maryland isn't an SEC football program, and it isn't a huge brand name which would make them the money they want. It would be a new market area, but it doesn't bring the kind of package the SEC wants. Maryland doesn't have an A&M rabid following, and it's fans are more pumped up over basketball than football. It's just not a good fit.