Law Religion Culture Review

Exploring the intersections of law, religion and culture. Copyright by Richard J. Radcliffe. All rights reserved.

Thursday, June 26, 2008

Institutional Modesty.

At 6-45 over the past six seasons, Duke's football program is about as bad as its basketball team is good.

Duke recently won a lawsuit by losing.

The background: Duke and Louisville entered into a contract for the two schools to meet in four football contests. After a 40-3 blowout loss in 2002, Duke canceled the series, and Louisville sued.

The ruling: Franklin Circuit Court Phillip J. Shepherd agreed with Duke that any Division I opponent would be an improvement over the woebegone Blue Devils. “At oral argument, Duke (with a candor perhaps more attributable to good legal strategy than to institutional modesty) persuasively asserted that this is a threshold that could not be any lower," the judge ruled. "Duke’s argument on this point cannot be reasonably disputed by Louisville." Case dismissed.