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  • Re: ND legislature and Sioux name

    Even in ND to NoDakers, JackJD's comment about watching this like a car wreck still applies. Fascinating and horrible seem to be words of the day. Anyway, here are some quotes from settlement related documents. They should generate a chuckle.

    Order of Judgment for Dismissal
    IT IS HEREBY ORDERED that:
    1. Each of the claims set forth against defendant are dismissed with prejudice on the terms set forth in the Settlement Agreement, incorporated herein by reference.
    Settlement Agreement
    NOW, THEREFORE, in consideration of the agreements, releases and dismissal hereinafter described, the parties agree as follows:
    1. Plaintiff hereby voluntarily settles, resolves and releases all claims asserted, or which could have been asserted, against any party or individual in the above-captioned matter, and in doing so will stipulate to dismissal of the above-captioned lawsuit with prejudice. Such dismissal shall be filed with the appropriate Court within three (3) days of the date of this Agreement is fully executed. By such dismissal and by this Agreement, UND, with the intention of binding itself and its administrators, employees and legal representatives, forever releases and discharges the NCAA and all insurers, officers, directors, employees, legal representatives, and all other persons from all claims, causes of action, and demands of every kind, including attorneys fees, arising out of, resulting from or in any matter pertaining to the Policy, except as expressly researved in Section 3 below, which have been, or could have been, asserted by plaintiff as of the date of this Agreement.

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    • Re: ND legislature and Sioux name

      Originally posted by Hammersmith View Post
      Even in ND to NoDakers, JackJD's comment about watching this like a car wreck still applies. Fascinating and horrible seem to be words of the day. Anyway, here are some quotes from settlement related documents. They should generate a chuckle.

      Order of Judgment for Dismissal


      Settlement Agreement
      And then my head exploded.
      "The most rewarding things you do in life, are often the ones that look like they cannot be done.” Arnold Palmer

      Don't sweat the petty things, and don't pet the sweaty things.

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      • Re: ND legislature and Sioux name

        Originally posted by goon View Post
        besides what sturgis said, any other proof to back that up? Or is that stereo typing?
        Yes and yes

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        • Re: ND legislature and Sioux name

          Originally posted by Hammersmith View Post
          UND, with the intention of binding itself and its administrators, employees and legal representatives, forever releases and discharges the NCAA
          Another question.

          Does the North Dakota AG constitute an 'administrator, employee or legal representative' of UND?

          Because the settlement appears to be binding only on those parties....

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          • Re: ND legislature and Sioux name

            Originally posted by zooropa View Post
            Another question.

            Does the North Dakota AG constitute an 'administrator, employee or legal representative' of UND?

            Because the settlement appears to be binding only on those parties....
            I don't think so. Generally a school will have their own legal representation. The AG would be a state employee not a UND employee. The only way I think it would apply would be if the attorney general had been some type of a legal representative in the past in which then someone else in the office would have to do the work or they would hire an outside firm to do the litigation.

            Thats just speculation though.

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            • Re: ND legislature and Sioux name

              Originally posted by Yote53 View Post
              To JackJD, the named parties in the original settlement was UND and the NDSBoHE. Would it make a difference if a new lawsuit was brought against the NCAA by the State of North Dakota? Meaning can the State be considered a different party than UND and the BOE and therefore have grounds to sue the NCAA?

              The way I see it is UND is in an impossible position. Even if UND and the BOE wanted to retire the nickname and logo they cannot do so without breaking state law. They have to have some sort of recourse, don't they.
              I don't know...the difference in parties may be an avenue for attack but it seems to me there's still a problem with issue preclusion...good question. It does seem like UND is between the old rock and hard place. This story will continue to be an interesting one.

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              • Re: ND legislature and Sioux name

                Originally posted by zooropa View Post
                Another question.

                Does the North Dakota AG constitute an 'administrator, employee or legal representative' of UND?

                Because the settlement appears to be binding only on those parties....
                The plaintiff of the case was listed as "State of North Dakota, by and through the North Dakota State Board of Higher Education, and the University of North Dakota". I would assume that has an impact.

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                • Re: ND legislature and Sioux name

                  Seems the politicians made their move, "unencumbered by the thought process."
                  You know that you're over the hill when your mind makes a promise that your body can't fill. - L. George

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                  • Re: ND legislature and Sioux name

                    The pot continues to boil.

                    Here's an opinion piece in today's Grand Forks Herald written by Merle St. Claire, Chairman of the Turtle Mountain (ND) Chippewa who states his case for the name / logo not being used: LINK

                    And then there's this opinion stated today by Matt Von Pinnon in the Fargo Forum, advocating the "what the heck, the sanctions aren't so bad..big deal, let it happen" point of view: LINK

                    Herald columnist Mike Jacobs opines in today's Herald (it appears the column was first run on April 23 but there are link to both days) on how the sanctions will (adversely) affect UND athletics: LINK

                    Here's an editorial from the Herald published April 23 which is a little wishy-washy but seems to come down on the side of giving a warning to name-supporters about bad things to come: LINK

                    Von Pinnon's opinion makes some sense: if UND is bound by the settlement with the NCAA, so is the NCAA and the sanctions are known -- probably could be argued that additional sanctions could not be imposed by the NCAA and the ones now described in the settlement are survivable.

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                    • Re: ND legislature and Sioux name

                      Here is a letter to the editor from a Native American.

                      http://www.inforum.com/event/article...group/Opinion/

                      Sweet and to the point.

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                      • Re: ND legislature and Sioux name

                        Some ND legislators have petitioned the ND Attorney General for his opinion on the validity of the name-save legislation:

                        LINK

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                        • Re: ND legislature and Sioux name

                          ...and, in today's news: ND State Board of Higher Ed tells UND to stop in the process of dropping the nickname...'state law is presumptively correct...'

                          LINK

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                          • Re: ND legislature and Sioux name

                            Here we go again. A Dr. Bruce Beard and a native of Reynolds North Dakota and now residing in California gives his take on the logo issue. He seems to think the 10 most smartest lawyers in ND should challenge this illegal law and and have it declared unconstitional.

                            http://www.inforum.com/event/article...group/Opinion/

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                            • Re: ND legislature and Sioux name

                              Originally posted by Nidaros View Post
                              Here we go again. A Dr. Bruce Beard and a native of Reynolds North Dakota and now residing in California gives his take on the logo issue. He seems to think the 10 most smartest lawyers in ND should challenge this illegal law and and have it declared unconstitional.

                              http://www.inforum.com/event/article...group/Opinion/

                              I think this is a scary precedent for all ND universities. It seems like allowing this legislation to stand, it could open the door to other legislation. For instance what would stop the ND legislature from dictating hiring/firing of professors?
                              LET'S TAKE A TRIP TO BIRDLAND! http://www.youtube.com/watch?v=68-6O2mJhMw

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                              • Re: ND legislature and Sioux name

                                Originally posted by 2002jack View Post
                                I think this is a scary precedent for all ND universities. It seems like allowing this legislation to stand, it could open the door to other legislation. For instance what would stop the ND legislature from dictating hiring/firing of professors?
                                What would stop the ND legislature from zeroing out the funding for the universities?

                                If universities are state-supported, then they have to accept whatever rules the state (i.e. the people, or their elected representatives) chooses to lay upon them. Him that gots the gold makes the rules. The only recourse the university would have is directly to the voters themselves (at which time the aphorism "democracy is two wolves and a sheep voting on what to have for supper" comes to mind--well, my mind, anyway).

                                Seems to me that all parties in the situation have worked themselves into no-surrender-no-retreat positions without serious consideration for the actual core mission of the university--a core mission which, you know, if you think about it, probably does not include support for a hockey team.
                                "I think we'll be OK"

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