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	<title>Comments on: Ask The Insiders Wednesday #31</title>
	<atom:link href="http://www.thenascarinsiders.com/2009/07/07/ask-the-insiders-wednesday-31/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.thenascarinsiders.com/2009/07/07/ask-the-insiders-wednesday-31/</link>
	<description>A blog by insiders for outsiders</description>
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		<title>By: marc</title>
		<link>http://www.thenascarinsiders.com/2009/07/07/ask-the-insiders-wednesday-31/comment-page-1/#comment-10120</link>
		<dc:creator>marc</dc:creator>
		<pubDate>Wed, 08 Jul 2009 20:46:21 +0000</pubDate>
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		<description>It has always amazed me with all the calls for open access to The Mythical Rulebook some enterprising soul, or would he/she be called a &quot;traitor&quot; by the Daytona Suits, scan the damn thing and put it online via a pdf file.

I suspect once word got around the sites hit counter would rise faster than the national debt, and NASCAR&#039;s &quot;police force&quot; would swoop in and perp walk the allegedly guilty party.</description>
		<content:encoded><![CDATA[<p>It has always amazed me with all the calls for open access to The Mythical Rulebook some enterprising soul, or would he/she be called a &#8220;traitor&#8221; by the Daytona Suits, scan the damn thing and put it online via a pdf file.</p>
<p>I suspect once word got around the sites hit counter would rise faster than the national debt, and NASCAR&#8217;s &#8220;police force&#8221; would swoop in and perp walk the allegedly guilty party.</p>
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		<title>By: marc</title>
		<link>http://www.thenascarinsiders.com/2009/07/07/ask-the-insiders-wednesday-31/comment-page-1/#comment-10118</link>
		<dc:creator>marc</dc:creator>
		<pubDate>Wed, 08 Jul 2009 20:32:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenascarinsiders.com/?p=1770#comment-10118</guid>
		<description>RE, NASCAR&#039;s lost lawsuits.

The only one I recall was the Francis Ferko anti-trust case that resulted in Texas gaining a second race date.

The common misconception in that case was NASCAR lost, actually it was settled out of court, due to some violation of anti-trust law.

Actually it was reveled NASCAR had previously promised a race date to Ferko and the anti-trust portion of the case was never heard.</description>
		<content:encoded><![CDATA[<p>RE, NASCAR&#8217;s lost lawsuits.</p>
<p>The only one I recall was the Francis Ferko anti-trust case that resulted in Texas gaining a second race date.</p>
<p>The common misconception in that case was NASCAR lost, actually it was settled out of court, due to some violation of anti-trust law.</p>
<p>Actually it was reveled NASCAR had previously promised a race date to Ferko and the anti-trust portion of the case was never heard.</p>
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		<title>By: JPN001</title>
		<link>http://www.thenascarinsiders.com/2009/07/07/ask-the-insiders-wednesday-31/comment-page-1/#comment-10113</link>
		<dc:creator>JPN001</dc:creator>
		<pubDate>Wed, 08 Jul 2009 18:58:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenascarinsiders.com/?p=1770#comment-10113</guid>
		<description>Just a quick comment re: contractual relationship between NASCAR and drivers/teams.  Journo states that drivers do not have a contract with NASCAR.  While it is true that drivers contract with individual teams to drive particular vehicles, it is not true that drivers do not have a contractual relationship with NASCAR.  Holding a valid NASCAR license is legally binding agreement (which we lawyers call a contractual relationship), and contract law (and perhaps even employment law in limited instances) governs that agreement.  

The existence of a legally binding agreement is why NASCAR can make and enforce rules; it is also why Mayfield can challenge NASCAR’s testing policy.  Could NASCAR promulgate a rule requiring specific drivers to drive in specific races with the penalty of losing their license if they did not race? Yes, they could do so because a NASCAR license is an adhesion type contract, which means one party sets the terms and the other party or parties must accept those terms if they wish to be a party to the agreement.  Would NASCAR make such a rule? Well, NASCAR has shown a willingness to unilaterally promulgate rather draconian rules, but it would have to tread carefully.  Courts have the power to nullify contract terms in an adhesion contract if the court determines that that the disputed term is unconscionable (such as a drug policy that allows the person who tests positive very little recourse to show that the test was inaccurate).</description>
		<content:encoded><![CDATA[<p>Just a quick comment re: contractual relationship between NASCAR and drivers/teams.  Journo states that drivers do not have a contract with NASCAR.  While it is true that drivers contract with individual teams to drive particular vehicles, it is not true that drivers do not have a contractual relationship with NASCAR.  Holding a valid NASCAR license is legally binding agreement (which we lawyers call a contractual relationship), and contract law (and perhaps even employment law in limited instances) governs that agreement.  </p>
<p>The existence of a legally binding agreement is why NASCAR can make and enforce rules; it is also why Mayfield can challenge NASCAR’s testing policy.  Could NASCAR promulgate a rule requiring specific drivers to drive in specific races with the penalty of losing their license if they did not race? Yes, they could do so because a NASCAR license is an adhesion type contract, which means one party sets the terms and the other party or parties must accept those terms if they wish to be a party to the agreement.  Would NASCAR make such a rule? Well, NASCAR has shown a willingness to unilaterally promulgate rather draconian rules, but it would have to tread carefully.  Courts have the power to nullify contract terms in an adhesion contract if the court determines that that the disputed term is unconscionable (such as a drug policy that allows the person who tests positive very little recourse to show that the test was inaccurate).</p>
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		<title>By: Measure</title>
		<link>http://www.thenascarinsiders.com/2009/07/07/ask-the-insiders-wednesday-31/comment-page-1/#comment-10107</link>
		<dc:creator>Measure</dc:creator>
		<pubDate>Wed, 08 Jul 2009 17:01:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenascarinsiders.com/?p=1770#comment-10107</guid>
		<description>Re: #13 

A good resource for what is known publicly about official NASCAR rules is wikipedia:

http://en.wikipedia.org/wiki/NASCAR_rules_and_regulations</description>
		<content:encoded><![CDATA[<p>Re: #13 </p>
<p>A good resource for what is known publicly about official NASCAR rules is wikipedia:</p>
<p><a href="http://en.wikipedia.org/wiki/NASCAR_rules_and_regulations" rel="nofollow">http://en.wikipedia.org/wiki/NASCAR_rules_and_regulations</a></p>
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		<title>By: Neon</title>
		<link>http://www.thenascarinsiders.com/2009/07/07/ask-the-insiders-wednesday-31/comment-page-1/#comment-10097</link>
		<dc:creator>Neon</dc:creator>
		<pubDate>Wed, 08 Jul 2009 12:57:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.thenascarinsiders.com/?p=1770#comment-10097</guid>
		<description>RE KIM #6 &quot;wave around&quot;: It was bad enough that NASCAR instituted the Lucky Dog rule for one car, now they have created a litter of Lucky Puppies.</description>
		<content:encoded><![CDATA[<p>RE KIM #6 &#8220;wave around&#8221;: It was bad enough that NASCAR instituted the Lucky Dog rule for one car, now they have created a litter of Lucky Puppies.</p>
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