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NoiseInsideMyHead

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Posts posted by NoiseInsideMyHead

  1. What you want, an article?  People can only relay what the actual coaching staff has told them.  

     

    Context is critical here.  The word "continuously" implies that it is ongoing.  OP says it as if it's gospel truth, but it's now been thrown out there at least twice without any substantiation whatsoever.  The only person who came to OP's defense in April said explicitly that it was "in the past."

     

    At what point(s) in the nickname controversy and/or transition process did the alleged use(s) occur?  Fair question.

  2. It is continuously used against UND on the recruiting trail. 

     

    Source? This is ridiculously inflammatory and so easy to say, but damn near impossible to prove.  In fact, a few months ago I called out someone else for making the same naked allegation on another thread and the only response put forth in defense was:

     

    Coaches have said so in the past.

  3. I'd like to see the Herald tackle that issue - based on the final 7 what did the high-powered agency bring to the table? Just another example of top-level executives being out of touch with their own community and constituents - I've experienced the mind-set too many times - "We have to pay big bucks and use someone from out of state if we want to get something really creative." Was there a RFP for this project? 

     

    We paid six figures in state tax dollars to come up with what we had before we started. There was no creative thinking brought to the table. 

     

    But was "creative thinking" what the consultant was hired for?  Seems to me that they were brought in not to come up with ideas but rather to facilitate a process.  That process included unfettered (and protracted) public input and except for an initial screening, all decisions have been made by a hand-picked group of stakeholders.  Nobody can complain about not having an opportunity to suggest as many creative names as they could think of.  You are free to criticize the consultant for failing to 'think creatively' during the first round of cuts, but at least the consultant's work product was laid out on the table for public inspection, and everything thereafter is solely on the committee.

     

    Lots of decision-making processes are messy, expensive, and pointless, but people seem to feel better about them by building them into something bigger than they need to be.  In fact, as a nation we're about to embark on another one…the 2016 presidential primaries.  How much money are the taxpayers and also-rans going to spend on this ridiculous, entirely-too-long political farce?

     

    Like all non-consultants, I hate consultants with a passion.  But I think the blame for your disappointment in the process may need to be placed elsewhere.

  4. People loved the Fighting Sioux name, but people wnet gaga over the new Brien designed logo when it came out in 2001.  There are people that are still pissed the only nickname and logo are never going to used again.  OK, how bout you get Brien to design a "Roughrider " logo that looks similar to the Sioux logo, but still different enough so it is unique on its own.  This will maybe help the die hard "Sioux forever" crowd to adjust to a logo that is similar to the old one while embracing the new name.  Just my thought!!

     

    Kind of begs the question whether separating the nickname and logo selection processes was a good idea.

  5. I see the words "new nickname". I'm not willing to overlook those as others may be. 

     

     

    Given the ND Attorney General signed that settlement agreement (and addendum) for the State, shouldn't we be able to ask him what he believes he signed? 

     

    The fact that there's a contract that says "new nickname" doesn't have jack squat to do with the fact that there is a policy that says no Native American nicknames.  A breach of contract (for which there is a legal remedy) is not a violation of the policy (for which there are sanctions).  Simple logic seems to escape the NCAA tinfoil hat types.

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  6. You seem to believe ...

     

    It's not my belief.  It's the facts.  The settlement agreement is a contract.  If one party to the contract feels aggrieved, there's really only one opportunity for redress.  And that's litigation.

     

    Also, the NCAA is a member-governed body.  Keep in mind that even the nickname policy had an out - get permission and you're golden.  Do you honestly believe that the NCAA is going to be able to convince its members to agree to a sweeping new policy when it is already on the record saying that nicknames are the sole province of the institutions?  And even if they did, it would certainly contain a grandfather clause.  Because that's the American way.  Associations are not immune to the rule of law.  An association is just as obliged to follow its own rules as you and I are the laws of the land.

     

    And once and for all, please wake up and realize that not even the NCAA is going to try and impose sanctions for a rule that isn't being violated.  That's called anarchy, and it is not going to happen.

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  7. I have a nice shortsleeve windbreaker top from CSU that is brand new with tags but never had CSU Rams logos embroidered on it. Kelly green. Luckily, I was able to order a Fighting Sioux logo on Ebay to put on it.

    My point?

    Without a nickname, this is your future, folks...

     

    The royalty rate on patches will be 99.9%  :)

  8. Yes there is: Back on the sanctions list. 

     

    Here we go again…no nickname = no violation = no sanctions.

     

    And by "damages," I am referring to the NCAA.  A breach of contract case requires the establishment of a contract, a breach, and harm.  The NCAA has not been harmed.  There is no economic incentive for the NCAA to bring the lawsuit.

    • Is the NCAA cutting us a break to allow the process to play out without them enforcing the settlement agreement contract?
    • How does the NCAA view the phrase "... to a new nickname and logo ..." with regard to no nickname?

     

    Even if we concede that there has been a breach of contract, there are no damages.  An order compelling UND to select a nickname seems remote.  More like nominal damages and a subtle jab at the NCAA in the entry of judgment to give it up.

     

    UND has a serious case of battered spouse syndrome when it comes to the NCAA.  Maybe that's the real reason CVIC opened up shop on campus.

     

    Are people afraid of the outcome…or the fight?

  9. By asking the NCAA anything, UND would be giving them power that they don't currently have.  If you're going to go the no nickname route, just do it.  That will put the ball squarely in the NCAA's court, at which time they can (1) do nothing, (2) sue for breach of contract (on dubious grounds), or (3) try to enact a new rule and figure out how to cram it down the membership's throats without a grandfather clause.  But for the sake of all that is holy, please don't act like you need their permission or consent.

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  10. I read Chewey's past opinions about how the Spirit Lake lawsuit was going to win in Federal court over the NCAA. I actually attended sessions in Judge Ralph Erickson's courtroom. I saw how the NCAA attorneys and how a Federal judge views these matters, first hand.

    Given that track record, I temper my belief in Chewey's opinions posted here.

    Fair enough, but keep in mind that what transpired in the courtroom between UND and the NCAA was active litigation of contested legal positions, various claims and defenses, posturing, etc. Once the parties entered into a voluntary settlement agreement, every bit of that went out the window. The only issues now are whether the contract was breached and if so, what are the damages. The NCAA cannot use the prior lawsuit or settlement to craft shadow sanctions against UND for violating non-existent associational rules. Period.
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