Breaking down the Lawsuit
The past few nights while working on the night shift, I have been picking through some of the paper work that makes up the lawsuit, UND vs NCAA. I figured, why not? I am sick and tired of listening to the Democrats bragging about their win on November 7th. All I can say is whoopee. The Democrats will be a minority party in two years if they try to enact their ridiculous policies they have been talking about the last few nights.
But, I digress, like I mentioned I have been picking through some of the paper work on UND’s lawsuit against the NCAA, there is mountains and mountains of paper work and I have been watching the lawyers talk about some of the different things they have seen I the law suit. Let me tell you these lawyer gurus have a whole different language, its kind of like when the office tech guys try to explain something to you about computers and you wonder what language they just spoke to you in. The more they talk the more they confuse the common folk, however, that is why we need good lawyers to weed through the legal mumble jumble and make the right decisions for this lawsuit. I would imagine this why they get paid the big dollars. For that I am thankful for. I know I have a lot of confidence in the UND legal team to take the necessary step to insure our Fighting Sioux logo is protected and not put on the scrap heap of history.
I know I am really glad this thing is finally going to court. Enough is enough. It’s time to put this issue to bed, and beat the NCAA in court. One person mentioned why it wasn’t moved to Federal Court. I honestly think that the reason the NCAA’s didn’t try to move the case to federal court is that may their case isn’t that good. Maybe the NCAA is afraid to take it to the Federal Court. Time will tell.
Mounds of Paper Work
In looking at the mounds of paper work that make up this lawsuit. I did find something that I found interesting. On page 19 in the foot notes its states talks about how UND has the approval of one name sake tribe and of course the disapproval of a few others. However they granted CMU the right to keep their name after 5 Michigan Chippewa tribes opposed the CMU name. That my friends is blatant hypocrisy by the NCAA, its little facts like this that is going to bury the NCAA and cost them millions of dollars.
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For the reason set forth in its opening memorandum, the Spirit Lake Tribe Resolution No. A05-01-041, which is still in effect, satisfies the Executive Committee’s equirement that only on '"name sake' tribe consent to UND's use of the Sioux name and imagery. The NCAA attempts to distinguish UND's situation from CMU's by stating that it "received no Resolutions or other official statements in opposition from Chippewa Tribes in connection with use of the name by CMU" (emphasis added) while not denying that it has been on actual notice that in fact five other Chippewa Tribes in Michigan actually do oppose CMU's use of the name, which UND pointed out to the NCAA in its Nov. 4th 2005 memo. (Def. NACD's Mem. Opp"n to Pl.'s Mot. for Prelim. Inj. at 41-42). The NCAA's disparate treatment of CMU and UND constitutes bad faith.
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Finally, I think this is very a good point that needs to be exposed more, and in the end may prove to be a very compelling argument that used against the NCAA in court. It is also probably just one many things that the UND legal team will use to prove that the NCAA is not applying this policy evenly and honestly. Also it has been stated earlier that the University of Utah has not held up its end of the deal to keep the nickname Utes. I am sure there is more to follow.
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