Just because something has no precedence doesn't mean it can't happen
The power of judicial review had no precedence in the US until Chief Justice John Marshall made the decision that the Supreme Court should have the power of judicial review in Marbury v. Madison (1803).
WRT my contractual example, there was no renegotiation per se. Once the contracting officer (CO) found out that the part doing the work on the contract was no longer going to be with SAIC, the CO asked if Leidos wanted to continue the work. Since Leidos said 'yes,' the CO requested Leidos provide official documentation showing it was now an independent company with its own Tax ID and DUNS. Once the CO received those documents, the proposed modification was prepared, both parties signed it, and the CO executed the modification changing the novation agreement.
As far as what the schools and even the ACC want, they may want the contract to be modified. However, what is there to modify if the former ACC schools in this new league is no longer affiliated with the ACC? As I said before, there will be lawsuits from the NCAA, conferences, and various schools (maybe even VT). Their main point in the lawsuits won't be about the schools breaking any GOR agreement. Although it may be included to try to help drag out the lawsuit as long as possible. Their main points will be the sudden loss of revenue and this new league (or whatever you want to call it) is a violation of antitrust laws. The loss in revenue is no different than what the former Big East schools sued BC, Miami, and Syracuse for in court after they announced they were leaving the Big East for the ACC. The lawyers will focus on that and treat the GOR as an afterthought (if it is even mentioned).
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In response to this post by mrcaniac)
Posted: 05/22/2019 at 10:07PM