ND legislature and Sioux name

[JackJD]

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

[JackJD]

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

[Nidaros]

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.

[JackJD]

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.

[Prairiehaas]

Re: ND legislature and Sioux name

Seems the politicians made their move, "unencumbered by the thought process."

[Hammersmith]

Re: ND legislature and Sioux name

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.

[JackJD]

Re: ND legislature and Sioux name

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.

[joeboo22]

Re: ND legislature and Sioux name

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.

[zooropa]

Re: ND legislature and Sioux name

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....

[JackJD]

Re: ND legislature and Sioux name

besides what sturgis said, any other proof to back that up? Or is that stereo typing?

Yes and yes

[goon]

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


Settlement Agreement

And then my head exploded.

[Hammersmith]

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.

[goon]

Re: ND legislature and Sioux name

Just my off-beat sense of humor. Certainly all the news networks can be criticised. It just seems to me Fox newsreaders are a little more likely to say a constitutional law is unconstitutional (okay, English majors, isn't that a non-sequitur?)

besides what sturgis said, any other proof to back that up? Or is that stereo typing?

[Nidaros]

Re: ND legislature and Sioux name

Here's the text of the law:


http://www.legis.nd.gov/assembly/62-...ex/bi1263.html

It seems interesting that the AG is not required to file a lawsuit--so I wonder if the AG will just flat refuse to do so, which leads to my question:

Who has standing to challenge the constitutionality of this law?

Looks like its up to Bisonville to do something? Will they?

[zooropa]

Re: ND legislature and Sioux name

Now, contrary to conventional wisdom, courts do not go looking for reasons to call legislative acts unconstitutional. Courts will strive to reconcile the actions of the elected legislature with the constitution.

Here's the text of the law:

The intercollegiate athletic teams sponsored by the university of North Dakota shall be known as the university of North Dakota fighting Sioux. Neither the university of North Dakota nor the state board of higher education may take any action to discontinue the use of the fighting Sioux nickname or the fighting Sioux logo in use on January 1, 2011. Any actions taken by the state board of higher education and the university of North Dakota before the effective date of this Act to discontinue the use of the fighting Sioux nickname and logo are preempted by this Act. If the national collegiate athletic association takes any action to penalize the university of North Dakota for using the fighting Sioux nickname or logo, the attorney general shall consider filing a federal antitrust claim against that association.

http://www.legis.nd.gov/assembly/62-...ex/bi1263.html

It seems interesting that the AG is not required to file a lawsuit--so I wonder if the AG will just flat refuse to do so, which leads to my question:

Who has standing to challenge the constitutionality of this law?