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ScottM

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Everything posted by ScottM

  1. ScottM

    Dru trial

    There is no parole under the federal system. Life, does indeed, mean life in most cases, unless the sentence is overturned or the President pardons the convict. Besides, I can't imagine he'd do too well in general population Leavenworth or Atlanta, so his "life" might be shorter than going through the appellate process accompanying a death sentence.
  2. And if you fully understood the quote, or the Federalist Society Federalist Society, you would understand that Congress writes laws, courts enforce them. Courts do not, or should not, "make" their own rules up as they go along, e,g., one's "right of privacy". It certainly is within the purview of Congress to investigate the actions of a tax exempt association that may have deviated from its charter, especially where interstate commerce is involved. Moreover, it is naive to suggest that the mere fact the State has sued the NC$$ should somehow preclude Congress from determining whether the actions of a national organization bear scrutiny and/or sanction.
  3. What does whether one is "conservative" or "liberal" or whatever label you subscribe to have to do with anything? Congress has hearings and investigations on a litany of issues, and most never result in any new bills, laws or Constitutional amendments. If anything, they shed light on possibly shady practices or inform people about issues that may concern them. If you're really bored, watch CSPAN when Congress is in session and you'll see these hearings in action, or inaction. As far as my political leanings, read the sig line, and figure it out for yourself.
  4. Good point. However, I also know that associations are also incorporated or chartered in a given jurisdiction for regulatory and tax purposes, so diversity *may* not be an issue. Then again, I haven't seen fit to wander down the hall and bother our litigation department about those musty rules I forgot after I took the Bar. I wonder if the NC$$ is more concerned about losing in a federal court, or the 8th Circuit, and creating a federal precedent. If the NC$$ lost in GF County, they might have the impetus to settle before the case was published or went to the ND Supreme Court. As well, few other courts will view a local judgment as having much authority in their state(s). Once it hits the federal courts, even if unpublished, it can be used for authority in a number of other courts and contexts, and the horse has left the barn. Therefore, the State will need to brush up on its enforcement of judgments rules, if the NC$$ loses and elects not to appeal to the ND Supremes.
  5. I would think her name is offensive to some people. I think she should change "Dakota" to "Beige" ... something that won't upset too many people, and would create a nice boring feeling ... and not cause a poor UND prof to spit up his chai onto his Birkenstocks.
  6. Sue the bastard. I'd also suggest the same for anybody whose account was hacked. "ID Theft", which hacking can be, is a criminal offense, at the state and federal levels, even if the do-nothing 'tards in the UND or GF police department won't investigate, I'm sure the FBI or AG would.
  7. No, actually "Panzer got screwed", as I believe Blais put it. As to Wooger, I think the guy's a trip as a "color guy". Anybody who takes his off the cuff comments too seriously really needs to buy their boxers in the next size up.
  8. I'm still amused the Defense relies on "Dr" Stephanie's untested, non-peer reviewed "research", as the well the APA's position statement, rather than on valid research. I think removal makes sense, but the court will still have to apply a conflicts of law analysis to determine whether NoDak or Indiana law will govern. I'm surprised this wasn't covered in the contract(s) between UND and the NC$$. I wrote a Law Review Note on this years ago, but am damned if I can remember what I wrote ...
  9. I'm not sure if he was trying to be funny, or he's a complete, no-talent assclown ...
  10. Can't say I'm impressed by Defendant's brief, or the firms used. It seems to be a rehash of the NC$$ PR machine. However, it will probably defeat a Motion for Summary Judgment, but I am not so sure about defeating the TRO request.
  11. Somehow, I think you arrived on this Board with your agenda already in hand.
  12. Good grief, LaPointe/GK must feel really great as the Stupid's editorial staff gazes up in admiration as he hangs from his own cross, again. Damn winkte ...
  13. Interesting. I wonder if one of the gutless wonders NoDak sent to DC would interested in joining in. Yeah, Earl, I'm looking at you ...
  14. OMFG, another thin-skinned zealot.
  15. Good for him. At least he's "put his money where his mouth is", or taking it away. Which goes against the grain perpetuated by those hypocritical faculty and staff members who blather about how "bad" UND is for using its name/logo, and yet continue to draw their paychecks.
  16. You've obviously never spent any time reading their other issues, have you?
  17. ScottM

    NDSU Football

    No, I would disagree. I think "Money" is the first step to a D1 hockey team, the rest follows.
  18. ScottM

    NDSU Football

    As much as I dislike 'SU, and am probably one of the worst offenders on this board for sticking my thumb into their eyes, I was tickled they nearly beat Mason's Maroon Morons on Saturday. Watching him hem and haw over his team's "performance" was precious. With any luck, OSU will keep their scoring below 50 pts. Anyway, congrats to the 'SU partisans.
  19. At least from what I've been able to find in the past, most of the NC$$ schools with their name/logos on checks seem to be the bigger D1 places like Notre Dame, Florida, UCLA, etc. It probably has alot to do with the NC$$ holding the licenses for the name/logos of its member schools, including FSU. If there's enough demand, the Alumni Association may be able to work a deal with a check company.
  20. I would guess, based on their overall populations, Fargo and Bismarck probably have the strongest UND alumni bases in the state.
  21. Here's something related to the NC$$. The Wall Street Journal
  22. Hell of a way for a career to end. Anyway, best of luck to Greg in the other facets of his hockey career.
  23. As another poster alluded, I feel better about catching Wisco now, than when they've had a few games under their belt. If we can tighten up defensively, and avoid dumb penalties, we should be okay. I think a split is within reach at this point in the season.
  24. To achieve this, Oberstrumfurher Brand and his lackeys would have had to admit that schools have a bona fide financial stake in their names and logos, whether acceptable, hostile, abusive or just plain weird. Moreover, I think, beyond the merely financial impact of a judgment in favor of UND, even if the damages were $1, the NC$$ faces the specter of a precedent which could undermine its authority to negotiate TV deals, endorsements, etc. or other matters related to schools' teams. Schools would have the ability, and perhaps the right, to drive their own economics through their athletic departments. If UND wins, it will effectively be a "Declaration of Independence" from the ad hoc controls of a group of myopic, disengaged academics who fail to understand the "Athletic" part of their organization's name. At the very least, it would force the NC$$ to abide by its own rules.
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