Hooray for North Dakota (the little guy) for standing up to the NCAA...
http://msn.foxsports.com/cbk/story/6036390?FSO1&ATT=HMA
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Hooray for North Dakota (the little guy) for standing up to the NCAA...
http://msn.foxsports.com/cbk/story/6036390?FSO1&ATT=HMA
It looks like they filed the suit in a great venue. There are five possible judges. All five received their degrees from the University of North Dakota. Four of the five have very conservative records on the bench. The fifth looks to be on the liberal side of moderate. Her name is Debbie Klevin. I'm putting her name here to keep from having to look it up again later.Originally Posted by StrayDawg
Of course, this is being tried to the appellate courts, so the first decision won't mean a lot. I'm sure the NCAA will try to move it to federal court if there is a Clinton appointee on the bench. I haven't thought it through enough to know if there will be a federal question that would allow them to move it, but these cases usually do. It will be fun to watch this.
I cannot find a site that allows us to look at the pleadings. If anybody comes across a copy of the complaint, I would like you to refer me to that site. It would be an interesting read.
Go Fighting Sioux.
"A number of Indian tribes and students want the University of North Dakota to drop the nickname and logo. One official with the Standing Rock Sioux Tribe wrote a letter supporting the university, but another opposed the nickname."
This part is what aggrivated me. Each side has to get their token indian. Perhaps the opposing voice used a moniker such as Chief IamsaSioux, fightingsiouxfood, or feihC akotaDhtroN.
Sooner,
Here's a link to the complaint. I haven't had time to read it, but let us know what you think.
If they try to go the politically correct route, they are probably sunk.
http://voluntarytrade.org/downloads/7T01_Complaint.pdf
Thanks Stray:
That is a lot to chew on. The attorney did try to fashion the complaint to only include state law. He did ask for monetary damages, which would exceed $75,000, which means the case can be removed to federal court on the basis of diversity of citizenship, assuming the case could have been brought in federal court by the plaintiff had ND elected to do so. One thing I don't know right of the top of my head because I have not had to look at this since law school over 20 years ago is whether a suit where a state entity is a party can be filed in federal court. Something tells me that it cannot. I have never represented a state agency and I do not like going to federal court, so when I sue one, I file it in state court.
If this stays in state court, I like ND's chances all the way to the top court in ND. Who knows whether the US Supremes would even hear the case from there.
The NCAA is going to be spending a lot of money on attorneys in this one. I guess they figure this is a wise use of their money.
I'm glad to see them pursue this because it seems like the NCAA is overstepping it's boundries by forcing schools to change mascots.
Regardless of the outcome, I have a feeling that the NCAA will harrass them the same way they did Jerry Tarkanian.
Thanks for posting this Stray. The NCAA can't even figure out a playoff system for 1A football so they decide to flex their muscle with this PC garbage and push a few small schools around. I hate that ulm folded so easily. I think I am going to e-mail NDU and offer whatever encouragement and support I can.
This stuff is so garbage. I remember the NCAA deemed it okay for UNC-Pembroke to keep their Indian name because they had 15% Native American enrollment. If an Indian name is offensive, it is offensive. Just because you have a few Native Americans giong to school there doesnt make it right. I wont write what I wrote last time about Grambling because one of the PC crowd said it was inappropriate although I did censor the word, so i wll put it like this. Just because LA Tech has a bunch of white people at the university doesnt mean it would be okay to call us the Honkeys. This is basically what the NCAA is saying. Grambling couldnt call itself the honkeys because they dont have a prominent white student body, but Tech could because they do. The logic here is terrible.
The major NCAA committees (especially the one that pushed through this garbage) are made up largely of left-wing university presidents who wouldn't survive working in the real world. I wouldn't want the job of trying to enforce the junk that these kooks dream up.
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