jloos

I'm pretty sure the recoil on a 12 gauge would kill him. Where the heck can you even find a 28 gauge? At least he isn't deer hunting.

I find it very strange that there is no "conflicts clause" in the bylaws. Typically large organizations put a clause in their contracts stating that any conflict has to be litigated under X state's laws. I wrote a Conflicts paper, but I found the subject so boring I also forgot everything I wrote. Based on the credibility of the affidavits and exhibits, the NCAA has done a very poor job. However, they know UND has a very high burden of proof for getting the prelim injunction.

This brief is solely against the preliminary injunction, which are very rarely granted. For a preview of the NCAA's future argument they included this footnote: I still think they will try and move the case to Federal Court. Either way it appears they will try and use Indiana law rather than ND law. I am suprised the NCAA relied so heavily on the letters of zealots and t-shirts made 20 years ago. IMO this will hurt them more than help them.

And a UND Law Grad. Wickham Corwin Attorney at Law Conmy Feste, Ltd. 200 Wells Fargo Center 406 Main Ave. P.O. Box 2686 Fargo, ND 58108-2686 wcorwin@conmylaw.com Start letter: [WordPerfect] [Word] Map: Go to map for this address Download to: [PDA] [PDA with photo] [Contacts] Law School: University of North Dakota Admitted in N.D.: 9/22/1976 701-293-9911 Fax: 701-293-3133 Bar I.D.: 03293 Website: http://www.conmylaw.com [This is a link to a nongoverment site.]

Nice rip on Vanek. Although if he keeps up the pace he's on in the NHL this year, he may get some strong consideration for the Selke. His stats are 11 7 7 14 +11. The +11 was leading the NHL last I saw. It looks like he has matured into a pretty good two way player. At least in the first 11 games this season. Thanks as always for the recap PCM.

There is no national team. They pick the best players and form two teams to play in a tourny against SSM and some other elite prep teams (Team ILL, Boston Jr. Bruins and the like). It is still a big honor to be selected to one of the two teams.

UND's lawsuit is solely based on the contract between UND and the NCAA. A Judgment in North Dakota is legally enforceable in every state under the US Constitution (full faith and credit clause) - Art IV I think. If UND prevails in the lawsuit, they will receive damages for the NCAA's breach and an injunction preventing them from their sanctions. Jurisdiction follows UND wherever it goes in the US. The only way the feds would get involved is if the ND ruling were inconsistent with federal law. The problem with this suit is that it is only a temporary solution. The NCAA can amend their bylaws if they receive an unfavorable ruling. I think that has already been discussed. I have no idea how difficult it would be for them to do this, but they would have to make it an across the board rule. So if there is no Sioux, there will be no Seminoles, Fighting Irish or any other human moniker/mascot. This is the way I see things anyway. I am far from an expert in this type of law. If UND wants to divorce the NCAA - I'm the man to call Sicatoka - That will be $500, the bill is in the mail.

The Federal Courts cannot not touch the NDSC's decisions unless there is a federal question. If the Federal Courts get involved it will be right away. UND was very careful to file the suit under ND law. I am sure the NCAA's lawyers are looking for a way to get it bumped to Federal Court. The more I look at the Complaint and Brief supporting the temp. injunction, the more I doubt this will get moved to Federal Court. The folks at the AG's office did a very good job. I hope the people on this board living in ND remember this in a couple of weeks at the polls. Wayne Stenehjem and his staff have done a great job so far.

Jahnke is one tough dude. He is the one who was shot on the bench about 15 years ago. Here is his bio from the NDSC: He is a tough military guy, but from my experiences with him, he is very fair and very nice guy. He will base his opinion solely on the law and will not be swayed by politics.

I think an interesting stat with Marto is that he leads the team in shots. To me this shows he has adjusted well and is likely getting a lot of pp time. Also interesting is Tyler Jundt, who played for Williston HS last year. He appears to be paired with LaPoint, at least on the pp. I did not see much of him since he played for Williston, but it is very impressive that he adjusted to the USHL so quickly. I would think he is the first ever legitimate D1 hockey recruit out of Williston.

Sioux fans would not have standing to sue the NCAA. You could make an argument for third party beneficiary, but a fan would not have close enough ties to the contract to do so. You must show exactly how you were personally injured. The 20 days is 20 calender days from the day of service. We (at least I) have not seen what day the NCAA was formally served. I would assume it was pretty close to the 6th. The injunction requested was brought under N.D.R.Ct. 3.2 and the NCAA has 10 days to request a hearing or submit a brief. However, this is 10 business days. Generally in ND anything under 11 days is business days and over 11 days is calender days. They do things like this to make lawyers look smart and keep us in business.

Hockey hair looks like: About the only hockey mullett I have seen is this: Although it is one of the ugliest mulletts I have ever seen. Where is DaveK on this thread? Mulletts and 80's music and no Davek

What has nine arms and sucks?

All of the students were rockin at the Fargo Dome with Journey and Def Leppard two of the biggest bands in the country.... in 1985.

From the USHL press release: Very impressive numbers, especially for the USHL. I figured I had to post this since I just ripped on the staff of Lincoln for the way they are treating Eric Galt

Follmer to USHL; Galt joins fold The North Iowa Outlaws have promoted defenseman Kyle Follmer to the USHL. Follmer, the twin of Outlaws forward Nick Follmer, was traded to Lincoln for Eric Galt and future considerations. While with North Iowa, Kyle scored a goal and tallied an assist in two games. He saw his first action with Lincoln last weekend and had two assist. Not a very classy move by Lincoln. Trading Galt to the NAHL after one game effectively prevents him from playing for another USHL team this season. If they didn't want him, they should have cut him early on so he could try and get on another team. He was +2 with a penalty and a SOG in the one game he played for Lincoln.

Shanley is looking to develop talent, not bring it in. They had some impressive youth teams last year and if they can keep these kids together, they should have a pretty good high school team in the next 3 or so years. I am suprised John Erickson has time to coach the team. He is a very good guy and has been very involved in hockey for a long time.

It looks like he was cut, which is suprising to me. Guys like Robbie Bina show you do not need to be over 6' 200lbs to play defense. There are still a lot of ND players in the USHL. I believe Jund from Williston and Dittus from Minot are both at Green Bay. Selk and Willert from Minot are both playing in the USHL. Weisgarber from Fargo and Mario L. and Marto from GF are both playing. There is a lot of high end talent in the 87-88 age group from ND. Hopefully some of these kids will get UND's attention (besides Marto obviously).

Interesting that they tried to sue in State. The NCAA will try and move this to federal court right away. I pretty much slept through civil procedure, but I believe the NCAA should be able to move it to federal court as they are being sued by the state of ND in ND state court - although that may only be the case where a state sues another state. It appears they are trying to keep this in state court by not making any constitutional claims. My opinion is that it will take several months to determine who has jurisdiction. Hmm the brief supporting the temporary injuction is full of federal questions. This is not making sense to me. I do not understand why they didn't simply file this in federal court.

If I remember right, Manitoba has a pretty good goalie. I'll say 5-1 Sioux. I believe Manitoba starts playing games in mid-september, so they have probably already played 3-4 games, so they will probably start out looking more organized.

Death row is like its own jail inside a jail. The death row inmates are never in contact with any other inmates. Actually most death rows are the least violent and have the least inmate problems. All of the inmates are on their best behavior hoping to get spared. The average federal execution takes 4-5 years. I do not think this one will take much longer than average. When you factor out those that give up their appeals, the number is probably closer to 6 years. Rodriguez's case appears to have been well defended and I doubt the appeals process will take longer than normal.

In 2002, my wife and I watched the championship game at the X -this is was the only time I have ever been seriously harassed for wearing a Sioux jersey. After the game, we decide to have a milkshake at Annie's. Needless to say that was one of the worse ideas I have ever had. We ended up having to leave our car and walk to my office (on University, not far from Dinkeytown). I ended up having to take a squad car home. Thank God I had the sense to leave my Sioux jersey in the car. I figured our car would be destroyed, but luckily it was untouched. This happened again in 2003, due in large part to the cops getting blamed for the 2002 riot. Instead of focusing on the rioters, the twin city media and even more so, the U of M media took the spin that the cops were out of control and were overly physical. The media and the local government in Minneapolis is so wacky, all that was reported was the police beating up these poor college kids. This is a large part of why I left the cities and will never live there again. It is amazing the city is still in tact with the idiots that keep getting elected to the city commission. It is sad when the most competent city leaders are the ones arrested by the FBI for taking bribes from various unions.

Article I always thought the feds would have the shortest time, as they cannot appeal in both state and fed court. It looks like they have the second-shortest time - 4.1 years. However, I think this factors in those that waive appeals (e.g. Tim McVeigh). If Rodriguez gets death, it will likely be around 5 years before he is executed.

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