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Andrew Giuliani’s Golf Team Lawsuit: Open Thread

Andrew Giuliani Duke University Duke golf team lawsuit.jpgWe might have a more formal write-up about this later, perhaps from sports law blogger Marc Edelman or Duke alum Kashmir Hill.

For now, however, here’s an open thread for discussion of Andrew Giuliani’s lawsuit against Duke University, over being kicked off the golf team.

P.S. We’d take a stab at tackling this ourselves, despite a manifest lack of expertise in golf or Duke, but we’re preoccupied right now with matters relating to our move back to New York (happening tomorrow).

Andrew Giuliani v. Duke University: Complaint (PDF) [Popehat]
A Stumble On The Fairway Of Life [Popehat]
Andrew Giuliani files lawsuit against Duke [New York Newsday]
Giuliani’s son sues Duke over golf dismissal [AP]
Fore! Andrew Giuliani Swings Away, Sues Duke Golf Team [WSJ Law Blog]

Comments

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1 Posted by guest | Permalink Thursday, July 24, 2008 5:22 PM

First?

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2 Posted by guest | Permalink Thursday, July 24, 2008 5:24 PM

What an (ass)hole in one....

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3 Posted by guest | Permalink Thursday, July 24, 2008 5:26 PM

If he wants to be a pro golfer he should spend all his time on the links.

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4 Posted by guest | Permalink Thursday, July 24, 2008 5:26 PM

From the article It seems that he is a pretty terrible golfer, so this is simply the case of a spoiled kid being upset that something has been taken away from him for the first time in his life.

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5 Posted by guest | Permalink Thursday, July 24, 2008 5:27 PM

Suggestion: You may want to consider/examine who his lawyer is: Robert Ekstrand, the same guy who represented some of the lacrosse players. I suspect KC Johnson will end up doing it better, but I would like to see if you can bring anything else to the table.

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6 Posted by guest | Permalink Thursday, July 24, 2008 5:27 PM

It would have been so entertaining to have the Giulianis as our First Family. I'm sorry he didn't win the Republican primary.

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7 Posted by guest | Permalink Thursday, July 24, 2008 5:28 PM

Shame on Duke (once again). The crazy left wing faculty discriminating against someone because he has a famous Republican father. That makes it a TTT in my book.

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8 Posted by guest | Permalink Thursday, July 24, 2008 5:28 PM

Whining is the standard reaction of a Dookie to disappointed entitlement. What's the news here? If Cuomo can play, he has a career. If he can't, he doesn't. Professional golfers aren't drafted from college teams. From the story, the kid seems as likeable as his father. No wonder the new coach tried to get rid of him.

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9 Posted by guest | Permalink Thursday, July 24, 2008 5:28 PM

Duke = TTT

(someone had to say it)

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10 Posted by guest | Permalink Thursday, July 24, 2008 5:30 PM

Cuomo's off the team too?

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11 Posted by guest | Permalink Thursday, July 24, 2008 5:31 PM

Apparently, Giuliani threw an apple at another kid's face who was also on the Duke golf team. The apple caused some damage to the kid's face. O.D. is a class guy and has always been fair to everyone on the team. As evidenced by the fact that Giuliani is not back on the team, his ex-teammates don't really like him at all. Not to mention the fact that he's not good enough to be on the starting five. From an inside source, Giuliani was a "virus" on the team.

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12 Posted by guest | Permalink Thursday, July 24, 2008 5:31 PM

Winning the republican primary would not have increased his chances of getting to the White House this year.

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13 Posted by guest | Permalink Thursday, July 24, 2008 5:34 PM

Golf is only for sissies without athletic talent, and is not a real sport.

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14 Posted by guest | Permalink Thursday, July 24, 2008 5:37 PM

You would think that Duke Athletics would think carefully and make sure that they had a good reason before bouncing a high profile kid from the program.... On the other hand this is from the people who brought you the preemptive firing the Duke lacrosse coach and suspension of the three players.

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15 Posted by guest | Permalink Thursday, July 24, 2008 5:39 PM

He is kinda cute, in an entitled d-bag sorta way.

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16 Posted by guest | Permalink Thursday, July 24, 2008 5:39 PM

remember that snl sketch where chris farley played giuliani's son? Classic.

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17 Posted by guest | Permalink Thursday, July 24, 2008 5:42 PM

We don't get to throw people we don't like off teams for no reason. If they're annoying you just to social ostracize them. Did middle school teach you people nothing?

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18 Posted by guest | Permalink Thursday, July 24, 2008 5:45 PM

Since when one must be kiced off of a team "for cause". Absolutely ridiculous. If I were Duke, I would destroy his reputation and humiliate him.

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19 Posted by guest | Permalink Thursday, July 24, 2008 5:46 PM

This kid couldn't make the cut on a gay porn team, let alone a golf team. Give him das boot.

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20 Posted by guest | Permalink Thursday, July 24, 2008 5:47 PM

WTF is this "Contract" he keeps referring to? He went to Duke for the chance to play golf. He fucked up his chance. They didn't take his eligibility - he can go play golf anywhere else in the damn world at any college he pleases.

He doesn't have a contract claim. And what's more, any reliance he had isn't justified. And it sounds like he wants equitable relief even though his hands are dirty.

Typical douchebag.

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21 Posted by guest | Permalink Thursday, July 24, 2008 5:50 PM

Ready the claims on page 6 & 7. Hilarious! They are the Plaintiff's statement of facts but they make him look like a special needs (i.e. mentally retarded) child.

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22 Posted by guest | Permalink Thursday, July 24, 2008 5:50 PM

Well said, 12.

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23 Posted by guest | Permalink Thursday, July 24, 2008 5:52 PM

He looks like a young Colin Montgomerie -- pale, dorkish and laughably out of shape. What size bra does he wear? I bet his man tits are the reason he's averaging 75. Which, by the way, won't get him anywhere near the PGA tour.

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24 Posted by guest | Permalink Thursday, July 24, 2008 5:56 PM

Yes, kicking him off the team has ruined any chance he may have had to make the PGA Tour. Just like when Tiger Woods quit Stanford. Notplaying college golf really hampered his career. If Tubby can't practice at Duke's course, I guess he can't practice anywhere.

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25 Posted by guest | Permalink Thursday, July 24, 2008 6:00 PM

man, if I'd only known you could sue for being kicked off a sports team like its a right, I'd had my high school coach's careers in my hand.

What nonsense. teh judge should throw this out. obviously, litigation tactics did not pass from father to son.

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26 Posted by guest | Permalink Thursday, July 24, 2008 6:01 PM

Can someone who had to walk on to the golf team (i.e., was not good enough for a scholarship) even make a colorable claim that his opportunity to become a professional golfer has been illegally hindered?

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27 Posted by guest | Permalink Thursday, July 24, 2008 6:01 PM

where is Mike Nifong when you need him?

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28 Posted by guest | Permalink Thursday, July 24, 2008 6:02 PM

The highlight of my 3 years at Duke Law was playing that sweet course right on campus. At least my 3rd year was useful for lowering my handicap. Just a shame it cost me 40k!

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29 Posted by guest | Permalink Thursday, July 24, 2008 6:05 PM

So far as I know, there's no requirement that any scholarship athlete be kept on. Each year, a fresh commitment is made to give a scholarship.

Often times when a new coach comes to the school, there is some fat that is trimmed. Giuliani is going to get his ass handed to him here...

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30 Posted by guest | Permalink Thursday, July 24, 2008 6:07 PM

He wasn't even on scholarship!

What a moron...

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31 Posted by guest | Permalink Thursday, July 24, 2008 6:07 PM

29: He didn't even get a scholarship. He walked on. Hence the weak argument that he paid $200,000 as consideration to get the opportunity to be on the golf team, and that the coach broke a contract by cutting him.

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32 Posted by guest | Permalink Thursday, July 24, 2008 6:10 PM

If duke golf is like their swim team, no one is on scholarship. That doesnt mean they arent good

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33 Posted by guest | Permalink Thursday, July 24, 2008 6:10 PM

Pudgy Puke alleges in his complaint that the "contract" required Pudgy Puke -- make that his parents -- to pay Duke 200,000? So I guess if Pudgy Puke had decided to transfer, Duke could have sued him? The lawyer who filed this farce is pure TTT.

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34 Posted by guest | Permalink Thursday, July 24, 2008 6:15 PM

Jade Ray: Great lawsuit if true. (Little poor girl humiliated and kicked by teacher.)

Andrew Giuliani: Pathetic waste of pleading paper. (Rich kid gets cut from golf team. No invidious discrimination. Alleges nonexistent Pro Golf “career" harmed.)

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35 Posted by guest | Permalink Thursday, July 24, 2008 6:16 PM

Pudgy Puke also alleges that being kicked off the team has injured his rep in his chosen profession. Too bad he's not a professional golfer, and thus has no profession at all. Also, last time I checked, pro golfers win tournaments by shooting the lowest score, regardless of their reputations. Of course, averaging 75 won't win Pudgy Puke any pro tournaments, even on the Hooter Tour. (Though Pudgy Puke's man tits might qualify him to serve pitchers and wings to the golfers after the tournament.)

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36 Posted by guest | Permalink Thursday, July 24, 2008 6:19 PM

How does one find the filings for something like this?

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37 Posted by guest | Permalink Thursday, July 24, 2008 6:19 PM

Suggestion: Golf lessons.

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38 Posted by guest | Permalink Thursday, July 24, 2008 6:22 PM

A listing of everything submitted with the complaint:

Attachments:
# 1 Exhibit 1. O.D. Vincent's Waiver Agreement,
# 2 Exhibit 2. Michael Quagliano Email to Andrew Giuliani,
# 3 Exhibit 3. Parking Notice,
# 4 Exhibit 4. Ryan Ressa Email to Pro Shop Staff,
# 5 Exhibit 5. Duke University Student-Athlete Handbook,
# 6 Exhibit 6. Athletic Department Policy Manual,
# 7 Exhibit 7. Bulletin of Duke University and Financial Information (2007-2008),
# 8 Exhibit 8. NCAA Division I Manual

Oddly, I don't see "Contract for Golf Team Membership" listed there... wouldn't the contract, in an alleged breach of contract case, be important?

Oh - right. There isn't one.

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39 Posted by guest | Permalink Thursday, July 24, 2008 6:33 PM

Para 70 of the Complaint "The only University document that is consistent with O.D. Vincent’s scheme is the library’s copy of William Goulding’s
The Lord of the Flies."

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40 Posted by guest | Permalink Thursday, July 24, 2008 6:39 PM

#32 - good point. Being 12th out of 14, however, does mean he's not good.

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41 Posted by guest | Permalink Thursday, July 24, 2008 6:42 PM

Definitely a case of BITCHASSNESS

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42 Posted by guest | Permalink Thursday, July 24, 2008 6:51 PM

If Andrew Giuliani is not on Duke's golf team, the terrorists have won.

9/11

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43 Posted by guest | Permalink Thursday, July 24, 2008 6:52 PM

This would never happen at UVA.

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44 Posted by guest | Permalink Thursday, July 24, 2008 6:54 PM

You have to admit, the suit seems rather weak. It is just serving to keep the kid's name in the papers tat much longer. It is obviously too late to mend the fences, but it seems like Giuliani's purposes would have been better served by trying to make nice with the coach and have his training privileges re-instated. Oh, well. I doubt the case makes it to a jury. It seems to have Summary Judgment written all over it.

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45 Posted by guest | Permalink Thursday, July 24, 2008 7:10 PM

That fat ass was a walk-on. From having played sports in D-1, a walk-on has zero rights and is lucky to even be part of the group. Personally, I hated walk-ons because they were not as good, got in the way, and were lame to hang out with.

Had he been on scholarship, he still would have no pull. Scholis are renewed annually and there is no promise you get to keep it.

Why doesn't he transfer to Jenny Craig state (Santa Clara) or hang out a subway with Jared.

F rich kids. Pro golfer my ass. A 75 does not win the local community course shootout.

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46 Posted by guest | Permalink Thursday, July 24, 2008 7:15 PM

I wish i could score a 75

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47 Posted by guest | Permalink Thursday, July 24, 2008 7:21 PM

Call Duke's bio lab, this may be proof that douchebaggery is genetic.

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48 Posted by guest | Permalink Thursday, July 24, 2008 7:41 PM

Who is Stefanie A. Sparks? The summer associate on the case?

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49 Posted by guest | Permalink Thursday, July 24, 2008 7:58 PM

45 = FRAT STUD TURNED D1 SUPERSTAR

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50 Posted by guest | Permalink Thursday, July 24, 2008 8:03 PM

I think the reason AU's reputation is so poor is related to three things: (1) according to U.S. News and World Report, AU is the lowest ranking law school on the east coast; (2) according to the ABA's Standing Committee on Law School Accredidation, as of February 2008, AU's accrediation has been suspended; and (3) according to most commenters on this site, no AU student would accept a slot at AU if he/she also was accepted to GULC, GW, Catholic, Maryland, Baltimore, GMU, UDC, Howard, or any other area-school.

Sincerely,
Concerned AU alumni

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51 Posted by guest | Permalink Thursday, July 24, 2008 8:05 PM

If you're Duke's lawyer, you might want to practice the following:

"Defendant would like to move for costs, Your Honor. Sanctions, too."

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52 Posted by guest | Permalink Thursday, July 24, 2008 8:19 PM

51--

Why are you talking about Duke? I thought we were knocking on AU?!?

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53 Posted by guest | Permalink Thursday, July 24, 2008 8:23 PM

Agree with 45 - this jerk can't play golf. He didn't even get a scholarship and not all scholarship kids make it. The idea that he could be a pro golfer is ludicrous. The breach of contract claim is a piece of crap. It argues, in effect, that anyone who matriculates at Duke is entitled to be on any sports team he expected to be on when he came to Duke. No wonder the complaint is so long. It has nothing to say and has to hide that fact. Giuliani is going to pay through the nose for all of this, first tuition and now lawyer's fees, and if he doesn't pass his courses he'll still have nothing to show for it - not even a degree. He may not like his father, but he certainly is like his father.

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54 Posted by guest | Permalink Thursday, July 24, 2008 9:13 PM

What does duke have to do with AU law school being TTT?

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55 Posted by guest | Permalink Thursday, July 24, 2008 10:08 PM

From the stepdad to the filing attorney, this makes me SO ashamed to be a lawyer. What a bunch of douches.

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56 Posted by guest | Permalink Thursday, July 24, 2008 10:29 PM

The lawyer and his wife are both Duke Law alums. Awesome alumni base there.

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57 Posted by guest | Permalink Thursday, July 24, 2008 10:39 PM

typical legacy admit

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58 Posted by guest | Permalink Thursday, July 24, 2008 10:49 PM

Disappointed that no one's pointed this out yet:

Guys in my high school used to get kicked off the golf team and sue the coach all the time, it was no big deal.

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59 Posted by guest | Permalink Thursday, July 24, 2008 11:07 PM

53 has a good point: I'm 5-9, white, and 190 lbs. I demand to play point guard for Coach Krzdfadfkweqdski!!!!

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60 Posted by guest | Permalink Thursday, July 24, 2008 11:44 PM

I guess that $200K would have better been shelled out for GOLF LESSONS. If your goal is to play pro golf, and not to do something socially redeeming, hire Butch Harmon instead of pay tuition.

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61 Posted by guest | Permalink Friday, July 25, 2008 12:40 AM

1. If you're not starting as a freshman, you're not going to the PGA.

2. Duke undergrad is not TTT. Duke is by far more fun than an ivy and you easily can get a job at Goldman.

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62 Posted by guest | Permalink Friday, July 25, 2008 12:57 AM

Who among us hasn't parlayed his father's reputation into favorable admissions treatment at an elite university, only to discover once there that he wasn't up to snuff, and so then sued the school for revealing this fact to him and the world?

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63 Posted by guest | Permalink Friday, July 25, 2008 6:48 AM

McAffee suit dismissed against WH

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64 Posted by guest | Permalink Friday, July 25, 2008 7:34 AM

That's not exactly what happened 62. All Duke revealed to the world was that the kid has the same narcissistic, authoritarian personality as his father. I doubt anyone was shocked by that. If you read the WSJ blog posts on this story, in fact, you will see how everyone already knew. Duke also told the kid that major parts of the rest of the world don't put up with that bullshit. That seems to be the only news event in all of this.

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65 Posted by guest | Permalink Friday, July 25, 2008 8:07 AM

They might be doing him a big favor -- maybe he can grow up to be a decent man if he learns something from this.

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66 Posted by guest | Permalink Friday, July 25, 2008 8:20 AM

He looks like Ron Howard during his "Happy Days" years, no?

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67 Posted by guest | Permalink Friday, July 25, 2008 9:34 AM

fROM PARAGRAPH 19:

"on February 3, 2008 Andrew leaned on his driver and it broke . . .'

Gee, I wonder why?! Colin Montgomery indeed!

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68 Posted by guest | Permalink Friday, July 25, 2008 9:45 AM

Poster #48

If you had read K.C. Johnson's excellent book on Duke lacrosse, you would have know who SA Sparks was.

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69 Posted by guest | Permalink Friday, July 25, 2008 9:54 AM

He could probably still make AU's golf team, only because AU sucks so hard at everything.

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70 Posted by guest | Permalink Friday, July 25, 2008 10:18 AM

It is wrongful for the University’s lawyers to shut down an Athletic Director’s investigation of a student grievance, to conduct a sham investigation, to prevent a student from meeting with his Athletic Director, to insist that a student pursue a “grievance procedure,” and then to vitiate that procedure by publishing false and misleading findings and concluions based on their “investigation.”

Concluions? Don't people proofread before they file?

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71 Posted by guest | Permalink Friday, July 25, 2008 11:07 AM

My Dad's mayor!!! Oooh yeeahh! I love my mayor!!!

I love you daaad, i loove you

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72 Posted by guest | Permalink Friday, July 25, 2008 11:38 AM

This is the same child who wasn't disciplined in 1994 when he mimicked dad's inauguration speech. Are we surprised that he has a strong sense of entitlement?

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73 Posted by guest | Permalink Friday, July 25, 2008 12:43 PM

This is a joke. That kid needs an ass beating - maybe that will knock a little sense into him. Here's a free lesson: if you act like an ass on a college sports team (and you aren't an amazing talent that brings in massive revenue) then you are subject to being shit on.

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74 Posted by guest | Permalink Friday, July 25, 2008 12:43 PM

This is a joke. That kid needs an ass beating - maybe that will knock a little sense into him. Here's a free lesson: if you act like an ass on a college sports team (and you aren't an amazing talent that brings in massive revenue) then you are subject to being shit on.

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75 Posted by guest | Permalink Friday, July 25, 2008 3:56 PM

I think the Dookies could use some girth on their fabulous football team. Remember, they sued to have Louisville removed from their schedule. Hmmm, a precedent? Dookie don't get way, sue!

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76 Posted by guest | Permalink Friday, July 25, 2008 3:57 PM

I think the Dookies could use some girth on their fabulous football team. Remember, they sued to have Louisville removed from their schedule. Hmmm, a precedent? Dookie don't get way, sue!

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77 Posted by guest | Permalink Friday, July 25, 2008 4:45 PM

I think the Dookies could use some girth on their fabulous football team. Remember, they sued to have Louisville removed from their schedule. Hmmm, a precedent? Dookie don't get way, sue!

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78 Posted by guest | Permalink Saturday, July 26, 2008 8:42 AM

So by this reasoning, could Duke have sued Andrew for the remainder of his tuition and the cost of recruiting an alternate player if Andrew had dropped out of college? I'm not sure that a court would really want to impose these kinds of obligations on college atheletes simply because they joined the team...

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79 Posted by guest | Permalink Monday, July 28, 2008 10:02 AM

@75 / 76 / 77 - Actually, Louisville sued Duke.

You're an idiot.

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80 Posted by guest | Permalink Thursday, September 11, 2008 12:36 PM

what a giant pussy

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