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November 9, 2009 - The Coaching Carousel in Big-Time Intercollegiate Athletics: Economic Implications and Legal Considerations

Richard Karcher, professor at the Florida Coastal School of Law, has published an article, "The Coaching Carousel in Big-Time Intercollegiate Athletics: Economic Implications and Legal Considerations," in the Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 20, No. 1.

According to the article abstract, "this paper takes an extensive look at the economics of college coaches’ contracts and uses it as justification and support for universities to look closer at all of their legal options, rights and remedies, including the use and validity of liquidated damages clauses given the unquantifiable nature of the damages incurred by the school as a result of the loss of a head coach. It also addresses the difficulties of suing for damages in the absence of a liquidated damages clause and discusses the viability of the negative injunction to prevent a coach from working for another institution. This paper concludes by addressing some practical considerations for schools in seeking injunctive relief. The purpose of this paper is not to criticize how much money coaches make, but to encourage tax-exempt academic institutions, which owe a moral and ethical duty to their student bodies, their student-athletes and society at large, to exercise fiscal responsibility and restraint in firing, hiring and retaining coaches."