Go Team!

Via Volokh, an argument that's not going to make the Duke Football Booster's Club very happy:

A Franklin, Ky., Circuit Court judge sided with a devilishly clever argument and ruled in favor of Duke University yesterday in a breach of contract lawsuit brought forth by the University of Louisville.

Judge Phillip J. Shepherd agreed with Duke’s lawyers — the football team is so bad that any replacement would do.

U of L sued Duke for $450,000 — or a series with another Atlantic Coast Conference opponent — after the Blue Devils backed out of a four-game football contract with three dates remaining.

The contract called for a penalty of $150,000 per game if a date with a 'team of similar stature' could not be arranged.

Duke’s lawyers argued the Blue Devils, which have a record of 6-45 over the past five seasons, were so bad that any team would be a suitable replacement.

Sometimes, in the legal battle, you've got to take one for the team. Or vice versa!