calumnus said:sycasey said:calumnus said:sycasey said:Here's what I think:philly1121 said:Find statement where I said that was a done deal. Find it and post it. I never said the decision was made already.wifeisafurd said:You keep moving goal posts. You said the Regents had made a decision already. Then you said they had no authority. Then you said there was a regulatory taking. Then you said they won't because they are afraid of being sued. Then you said the Regents didn't act on a contact is clearly acted upon. Then you said ....blah, blah, blah since anyone reading this should cut you no credibility at some point.philly1121 said:I didn't know this was LA Law or Law and Order. I have said all along that the Regents will not stop UCLA from leaving. Now if you want to parse it out and say, "yeah you're right, but they could stop them if they wanted to". Ok, yeah, I have to concede that point. But can you all quit being brain dead and accept the reality of this??berserkeley said:This argument started because you made the claim that the Regents could not legally block UCLA's move to the Big Ten and you used the regulatory taking legal theory. The criticism directed that comment was directed entirely at your legal analysis.philly1121 said:You give far more weight to what the Regents can and cannot do. Approve or not approve. I really don't see it that way. UCLA sued UA. UCLA agreed on a settlement. The Regents approved/stamped it.wifeisafurd said:Bottom line is you continue to not know what you are talking about:philly1121 said:Hey that's great. I guess you one-upped me on being in the know and your sources. But guess what hot shot, we're not talking about the university. We're talking about its athletic department. So I guess, the Regents can determine whether a UC goes with Adidas, Nike or UnderArmor. Or what concessions are served at sporting evens. Ticket prices, the dreaded NIL. Yes, the Regents really care about that.wifeisafurd said:Well the Associate AD at UCLA is telling UCLA alums something very different, not to mention what I have heard directly and personally from one Pac President, one Pac Chancellor, 3 athletics directors, the CEO of the USC Board of Trustees (your "USC.source" may want to look at the organization chart before he shoots him mouth off), and one person on this board that has talked with an important politician who actually is ex officio member of the Board of Regents The Board of Regents has made no decision yet and at this moment is fact finding and yet to even debate a final resolution of UCLA's fate.philly1121 said:wifeisafurd said:source?LTbear said:wifeisafurd said:
(its not a 100% given UCLA goes to the B1G)
Yes it is.
The Regents will not stop UCLA from leaving. They have no legal authority to do so. To try and do so amounts to a regulatory "taking". A source I know at USC and another in the CA legislature are telling me that the Regents will levy and "exit fee" to UCLA for leaving. What that amount is is not known but - there's no stopping them.
The comment about UC doing a regulatory taking and the Board's lack. of authority may have been one of the dumbest set of remarks I ever heard on this board on so many levels. A taking is when a regulatory decisions take private property. This may come as an absolute shock to you. but UCLA is a state entity, which negates the entire concept of regulatory taking. In fact, UCLA is a subdivision of the University of California and if the Regents so desired, it has the legal authority to simply revoke UCLA's charter and make it have no separate authority from the University of California. Nice attempt to BS us all with a load of BS..
Here's a spoiler alert for the delusional - UCLA is leaving. The Regents will not stop it. You can talk with your next door neighbor who might be Michael Drake. Or maybe you go golfing with Gene Block. I don't know. It doesn't matter. My argument is simply contractual. For the Regents to affect a decision as to a school departing an athletic conference, it would step into litigation. Would UCLA have protested our stadium renovation if they knew the financing deal might ultimately force them to have to cover costs for us as the price for them leaving the P12? Because, ultimately, this is probably what is going to happen - an exit fee.
Honestly, what you and others who think the Regents can stop this after "fact finding" and "debate" - is wishful thinking. Do the Regents want to get sued by Nike for blocking the move. Because the move would generate more visibility and revenue for Nike. Certainly they would have a say, right? How about the Rose Bowl? Concessions? Ticket sales? And of course, the greater and more noble argument that to block this move would likely mean the end or reduction of Olympic sports at UCLA. Hmm...I wonder if the Regents really want to take that on.
The arguments presented on this board for wanting to block UCLA's move is wishful thinking. Nothing more. Moreover the arguments I've seen on this board for Cal's inclusion into the Big 10 are also too hopeful. The narrative you are presenting is factual only in the context that you're dropping names and titles and they are telling you "we continue to investigate".
Bottom line is this. Everyone wishes we were more successful and thought of leaving first. But, we didn't. Chalk it up to poor or unfocused management. Who knows. But - everyone is mad because our lesser "sister school" is strengthening their position at the supposed expense of us. We are being left behind. And for us to say, "well then they need to cover our stadium costs because their departure will negatively impact the UC system" - its actually quite pathetic.
We'll see what happens. It seems like the Big 10 is now cooling to the idea of further expansion for now. Until then - UCLA goes. USC too. Anything less is wishful thinking.
Let's count the ways you are legally wrong, and clueless:
"But guess what hot shot, we're not talking about the university. We're talking about its athletic department. So I guess, the Regents can determine whether a UC goes with Adidas, Nike or UnderArmor. Or what concessions are served at sporting evens. Ticket prices, the dreaded NIL. Yes, the Regents really care about that. "
First, the UCLA athleltic department is part of UCLA and UCLA is pubic entity, which is subdivision of UC, which is an independent entity that is a subdivision of the State. In case you have not followed that complexity, that means the UCLA athletic department has 3 levels of bosses on top off it, which it must obey. The second disconnect is Adidas, Nike and UA have contracts that are WAIT FOR IT, APPROVED BY THE BOARD OF REGENTS, SO FOR EXAMPLE, IT WAS THE BOARD OR REGENTS THAT SUED UA ON BEHALF OF UCLA and had to approve the settlement with UA. Third, NIL in this state actually is regulated by the State of California, not UCLA. UCLA and all colleges must comply and report to the Sate all NIL in accordance with SB 206.
"Here's a spoiler alert for the delusional - UCLA is leaving. The Regents will not stop it. You can talk with your next door neighbor who might be Michael Drake. Or maybe you go golfing with Gene Block. I don't know. It doesn't matter. My argument is simply contractual. For the Regents to affect a decision as to a school departing an athletic conference, it would step into litigation. Would UCLA have protested our stadium renovation if they knew the financing deal might ultimately force them to have to cover costs for us as the price for them leaving the P12? Because, ultimately, this is probably what is going to happen - an exit fee."
First this seems like an attempt to move the goal posts. Recall you said that the Regents had decided that UCLA was leaving and paying some sort of compensation. You just make that up, since it factually is not true. Second, there seems to be some sort of implicit acknowledgment that the Regents had done no such thing, but you have determined that really doesn't matter because UCLA signed a contract and the Regents is afraid of litigation. This concept continues your prior lack of understanding of how state and local government works. Yes, UCLA signed a contract with the B1G. Here is an earth shattering concept found in th Government Code and State Constitution, that the State can declare any contract made by a subdivision void or act in way that makes it illegal to enforce. Go back a look at who controls who controls who discussed above. Does the contracting party have recourse if the State or Regents acts in such a way? Yes, if the Regents or State approved the contact like in the case of Nike and other sponsors. Did that happen with the B1G? No. So your argument about contractual litigation and your spoiler alert are simply bullcrap. As for what the Regents is thinking about fairness I guess, the folks at Cal don't exactly see it that way you do.
Then it gets moronic:
"Honestly, what you and others who think the Regents can stop this after "fact finding" and "debate" - is wishful thinking. Do the Regents want to get sued by Nike for blocking the move. Because the move would generate more visibility and revenue for Nike. Certainly they would have a say, right? How about the Rose Bowl? Concessions? Ticket sales? And of course, the greater and more noble argument that to block this move would likely mean the end or reduction of Olympic sports at UCLA. Hmm...I wonder if the Regents really want to take that on. "
Wait, now the Regents is going to be sued by ....Nike? What contract or obligation does the Regents have with Nike regarding UCLA joining the B1G. ? Ignoring for the movement that the State has the right to make UCLA disappear, no less impair their actually existing contracts. How does the Board of Regents even been able to get into a contract with Nike about participation by UCLA in the B1G when UCLA didn't tell the Regents it was moving conferences? The early comments about regulatory taking are not the dumbest thing ever posted, this is. And then comes the Rose Bowl. The Pac 12 has a contract with the Rose Bowl that its 12 existing teams will go to the Rose Bowl if selected. Do I need to go further on this one? The Rose Bowl wants to have UCLA or USC face an eastern opponent, but the best selling scenario is UCLA vs USC. Clearly the contract will have to get revised when USC moves, but if UCLA has to stay in the Pac, the Rose Bowl is going to be estatic. Figure how many tickets get sold if its USC vs UCLA face off in the Rose Bowl game. The reduction of team sports is an argument not a legal matter- what happens if the Regents just takes a bunch of money away from UCLA and gives it to Cal. I know, UCLA will take it away from the football program so it can be less competitive, in order to save non-revenue sports at UCLA. This is called sarcasm - not gonna happen.
The arguments presented on this board for wanting to block UCLA's move is wishful thinking. Nothing more. Moreover the arguments I've seen on this board for Cal's inclusion into the Big 10 are also too hopeful. The narrative you are presenting is factual only in the context that you're dropping names and titles and they are telling you "we continue to investigate".
Bottom line is this. Everyone wishes we were more successful and thought of leaving first. But, we didn't. Chalk it up to poor or unfocused management. Who knows. But - everyone is mad because our lesser "sister school" is strengthening their position at the supposed expense of us. We are being left behind. And for us to say, "well then they need to cover our stadium costs because their departure will negatively impact the UC system" - its actually quite pathetic.
I'm going to let everyone else comment on this stuff since I don't find it even rises to the level of warranting a response.
And I think you're still thinking about college football the old way. And as far as the Rose Bowl. Excuse me? The best matchup for the Rose Bowl is USC UCLA? Really? If UCLA stays put, the best match up for the Rose Bowl is USC UCLA?? Really??? You've lost the plot on that one.
Reduction of team sports. Excuse me but - isn't that one of UCLA's PRIME arguments? They are $100 million in debt and, in the face of a catastrophic budget deficit, they will have to reduce Olympic sports? Yeah, it may not be a legal argument (yet), but it is nevertheless one of the MAIN reasons UCLA decided to leave.
Lastly, I never said the exit fee had already happened. I said it was likely going to happen as the price for UCLA to leave. I appreciate you quoting the Cal Code for me. Quite nice. Some final thoughts...
I think I quoted the actual policy many months ago but, basically, it is UC policy that allows chancellors of UC campuses to enact their own contracts and inter conference athletic agreements. If memory serves, an LA Times article indicated that this had only happened twice in the last 50 years - where the Regents or a UC President has dictated or been asked by the Regents to nullify or modify a contractual decision made by a UC chancellor. In short, it never happens. And in our current case, it would set a very dangerous precedent. If they were to step in and stop the deal, then basically everything could be appealed to the Regents - from naming a building, to a loan agreement or...drum roll...a contract. Moreover, in theory, the Big 10 could sue the UC Regents for wrecking their new media deal which is predicated on UCLA's entry into the Big 10. Which is why, based on who I've talked with, they are leaning towards an exit fee. But this is also tenuous.
Can the Regents force UCLA to pay this?
Can the Regents reject or deny a legal business transaction made by UCLA?
I think the answers to both of these is no. But UCLA may relent and pay a fee that would likely go to us. Then again, what would all the other UC campuses say? Aren't they entitled to the money also? Which brings it back to us. As I see it, the only issue on the table for the Regents is how this affects Cal. How much revenue will Cal lose with UCLA's exit. And this is why, in my opinion, we are so desperate to be picked by the Big 10 because we all know that UCLAs exit cannot be stopped. The policy changes that were recommended at the Regents meeting in San Diego last month would modify the chancellor's authority. But it is based on future UC campus transactions. Again, it is all contractual
As others have said, there is a different between "will not" and "legally cannot." Look at what you said in response to the reduction of sports. You outright dismissed the reply it's not a legal argument. But that's literally the only thing being debated. Whether the law prevent the Regents from acting.
You continue to present arguments as to why the Regents will choose not to act, but then conclude by saying they cannot act. Stop conflating the words "can" and "will;" they do not mean the same thing.
The fact is that they won't. The 1991 policy change from the UC Regents allowed UC Chancellors broad discretion in who those campuses that they are in charge of to enter into contracts ON THEIR OWN. They don't need the Regents or the UC President's permission to do that. And that's the loophole! Don't you get it?
Any policy change that is debated is for future instances. Its not going to be retroactive. So, yes Perry Mason, the UC Regents can try and stop UCLA from leaving. But they won't. There. You feel better?
It is not clear right now what the Regents will do. My guess (yes, guess) is they will hold this over the B1G's and UCLA's head until a decision is made on Cal, or they conditionally approve UCLA, and reserve the right to a make decisions impacting UCLA's. budget based on what happens to Cal. But none of the leverage you suggest exists actually does exist - you don't understand the relevant law, contacts or governmental relationships. The only real leverage I see is there are more votes in Southern California than in Northern California.
I can move the goalposts all I want. The fact is you have nothing but a hope that the Regents will block UCLA's move because that's really all you have - hope. Nothing factual. Nothing specific in terms of anything legal that would permit the Regents to block UCLA's move. Is this what you and this board are reduced to?
Don't think I get it? Fine. Keep on pushing the Berkeley mentality of "hopefully the Regents will help us because we can't survive without UCLA". Great argument pal.
What i find equally pathetic is that its the Pac 12 that is leading the charge of trying to keep everything together. Its not the Regents. And its not US. You're all smoke bro.
I think Cal has a better than 50% chance of getting an invite to the B1G if and when they decide to expand further to the West Coast. That doesn't mean it's a done deal, just that we're more likely than not to get it.
Part of the reason I think that is that there is clearly a political issue with the UC Regents and the B1G inviting UCLA and not Cal. That doesn't mean they are going to block the move (again, I also think that's unlikely), but it does mean pressure from them could convince UCLA and the rest of the B1G to support adding Cal (and Stanford) to the conference as well, just to make all the trouble go away. That's not a definite thing, just that the issue with the Regents is a factor in Cal's favor re: B1G expansion.
But rather than framing this as "the Regents can/should block UCLA" I'd much rather the Regents simply be putting pressure on UCLA's chancellor and the B1G (university presidents) to also include Cal to get "their full blessing."
They'd have to use "we might block you" as the pressure point, but I think the latter is the more likely action.
"We might block you" is the nuclear option. "We will be pissed and not as generous and cooperative in other areas" is the more realistic threat. It costs nothing for UCLA to be lobbying for us. We need to be team UC on this one.
They made a shrewd, calculated move - something I highly doubt our admin would have taken under similar circumstances. It wasn't Team UC when they made this decision and I think they could care less about being Team UC now. Whatever it is - a slap on the wrist, an exit fee - they will gladly pay and move on. There is really no credible threat the Regents can offer up. Moreso, having the Regents try to put pressure on B1G will just further cement our program as one looking for handouts and not really deserving an invite. I don't think we should piss off the B1G via pressuring - it will just hurt our cause.
At this point I have come to realize that Cal made its own bed through decades of mismanagement and now the roosters have come to roost. If by chance the B1G is looking for scraps, we might get lucky with an invite a few years down the road but by then UCLA would be light years ahead of us in terms of facilities, etc that we will be doomed to bottom feeder status for additional decades. No matter how you slice this story, it sadly does not bode well for Cal football. I am going to try and enjoy this year to the fullest.