NoiseInsideMyHead
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Posts posted by NoiseInsideMyHead
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All they would need to do is wave the settlement agreement in Kelley's face and let him know that UND is in violation.
And then what? It's a contract. They would have to sue. They would then have to try and win, and prove damages. On what amounts to a token breach. They will be exposed as petty tyrants. A court is not likely to compel UND to do anything, and monetary damages will be nominal. As in, a dollar. On a good day.
This is not a frightening prospect. Why do so many people pee themselves when it comes to the NCAA?
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And I think that if UND has a breach of cotract, the NCAA would have an issue.
But the NCAA would also have to have something else…damages. An economic incentive to sue. This is where I cringe at the armchair lawyering.
What good could the NCAA possibly hope to achieve by trying to enforce this part of the settlement when it already got what it ultimately wanted? It's like sending in a high-priced SEAL team to blow up one last stupid bunker years after your defeated enemy has signed the surrender agreement and disbanded its army. Courts aren't keen on ordering extraordinary relief (which is why money damages are the norm), and ordering a public university to adopt a new nickname just to appease a perverse plaintiff is about as extraordinary as it gets.
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Thats not how I read it ... Open to the public, means open to the public. Unacceptable.
I don't think the last chapter has necessarily been written on that. There are going to be logistic challenges with a truly "public" vote that Kelley might not have fully appreciated. If conducted online, the University will have to employ technological safeguards against spamming, spoofing, and ballot-stuffing. Not impossible, but potentially very complicated and expensive. An in-person vote on campus will necessarily favor students, staff, and local residents. Ballots by mail can be directed to particular recipients, whereas a print-at-home and mail-in ballot might be more 'accessible' to a wider population.
It may be that vote integrity wins out over unfettered inclusion, despite the somewhat lofty intentions originally declared.
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See what NodakHoops wrote, that would be a legitimate option for Kelley. A smaller populus of voters who are interested and invested. You want your vote to be watered to by Bison fans, Gopher fans, and whomever else feels like voting because they can? C'mon Man!
Are people confusing the very open and public call for suggestions with the as-yet undefined "public" vote? I think that would be a mistake. At least until the parameters of the vote are announced.
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We have a president that's on record to put it to a "public vote". I say kick the can to the next pres...one qualified to handle the issue.
The criticisms of Kelley are fascinating. What were his options, really?
1. Public vote (however one defines 'public')
2. Small, hand-picked committee
3. Large, hand-picked committee
4. Presidential fiat
5. Inaction (a/k/a practically begging the ND legislature to step in where it is not welcome)
Am I missing any? Can anyone honestly make a compelling case for one over the others?
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There is disagreement about what exactly that means.
The disagreement generally stems from context and the circumstances under which the agreement was entered into. Was there an underlying assumption that it was going to be Sioux or something else (an A or B proposition)? Yes. Were the parties at that time even remotely contemplating that there could be no name (option C)? In my humble opinion, absolutely not.
One simply cannot construe that clause in a vacuum. Several of the terms and conditions have been rendered impossible or moot as events have unfolded, and the parties through their conduct and/or by formal amendment have basically nullified or negated a number of them.
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I don't understand how having no nickname is even a debate when the agreement we signed with the NCAA explicitly says that if we don't pick a new name we will return to the list of sanctioned schools.
For the 10 millionth time…UND cannot be on the naughty list because it does not have a hostile and abusive nickname. There is no NCAA rule or bylaw mandating that member schools have a nickname. Ergo, no NCAA punishment can be levied. There is an interpretation of the settlement agreement that obligates UND to select a new name, but there is by no means a consensus that the NCAA would or could enforce it.
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Do you think anyone who claimed to have sworn of generic North Dakota stuff, is going to go for a new name and logo?
Maybe, maybe not. But look at it this way, those who embrace the new name and logo will buy that stuff, and those who don't will then have to decide between buying generic and nothing at all. Either way, there is a huge potential up-side for licensing revenue that does not currently exist.
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Again, they have had plenty of Merchandising, Marketing, and Apparel sales over the past 2-3 year.
Any evidence to back that claim? What about the countless people on this board who have sworn off of "North Dakota" merchandise. I don't suspect they're going to race to the store with their wallets out absent change.
Besides, is anyone really moved by any of the generic "North Dakota" stuff?
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I saw on Twitter that UNO has 3 student buses making the trip out to Boston. For a state that tends to only support Cornhuskers football and Creighton basketball, that's pretty cool.
Where's that kind of support at the Clink? At the outdoor game? Fair weather, to say the least.
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The women's teams could be the lady labs!
After a good result, the headline could be "Lab Majora!"
Team has an off day? "Lab Minora".
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How do they know if u submit more than 2 names ?
By height.
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Thinking it will be either Giant Douche or Turd Sandwich.
Both of which would make great 4th quarter food specials at the Alerus.
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Seriously an assistant Principal at a pre school could have come up with a better process.
You want name submissions then
1. have the UND Alumni Foundation send out an email to their alumni list with a secure link for them to be able enter their submissions and also send out postcards to those who may not use the computer that often with directions on who they can email to receive the same link for them to submit their names
2. UND can send an email to current students and faculty with the same info.
That is it. Not that difficult. I don't care what Jethro from NDSU thinks would be a "funny" name.
Committee and Prez pick out 2 or 3 names, check with the marketing experts to make sure the name and logo will be marketable and follow the same process as above.
Democracy can be slow and messy. Anonymous balloting is the norm, and 'poll taxes' (i.e., any burden imposed on the free exercise of the right to vote) are strictly verboten. This is pretty much the only way UND could deliver on its oft-stated promise of inclusion and public input. Remember that there are plenty of ND taxpayers who feel that they have as much ownership and say over the state's flagship institution but who would be excluded from the relatively narrow class of eligible individuals you describe. Junk submissions (which may number in the hundreds or thousands, with many lacking in taste) are obviously seen as an acceptable cost of doing business.
The subsequent "vote" will likely be quite different in scope, and you may find that more to your liking.
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How can the NCAA mandate us have a nickname.
Oddly enough, the NCAA probably can't on the strength of its rules and bylaws alone, because no such rule or bylaw exists. However, UND entered into a settlement agreement whereby it undertook the affirmative obligation not only to dump Fighting Sioux but also - arguably - to replace it with a new nickname. Thus, you have the only NCAA member institution required to have a nickname.
The last legal chapter has not been written, for there is a question whether the NCAA would try to enforce that aspect of the settlement agreement and whether a court would go along with it. The NCAA really has not been damaged by what amounts to a token breach of contract, and courts generally do not like to force parties to take specific actions absent compelling circumstances. Being forced to adopt a nickname is rather extraordinary.
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Unfortunately not sure that the amount of crap they are going to have to wade through will be worth it for the chance of something new coming out of it.
Maybe the Committee members are starved for attention at home. Or maybe they really, REALLY like UND catering and all the cookies and punch they can consume.
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The colossal amount of idiotic and offensive stuff they are going to have to sort through is going to be mind blowing.
Committee members be all like
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So if I've been following the process properly, they're saying the committee will choose 3 from the names submitted and then there will be a public vote to decide which of those 3 is the name? If so, the public vote could/likely will be a complete mess.
Presumably, there will be safeguards against spamming, spoofing, and ballot stuffing. A "vote" is an entirely different animal from an open call for submissions.
Now, it is fairly up for debate whether the open call approach was the best choice, but that ship done sailed. Who knows what kind of gems they will find.
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The anonymous thing was not the way to go.
You mean, as opposed to a fill-in-the-blank online form where anyone could pretend to be anyone? Or were you thinking that individual submissions could be tied to a completely unreliable e-mail verification? Or perhaps requiring people to submit SSNs, credit card numbers, or DNA?
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Anybody else know this was coming?
I found this quote from the article to be…um, interesting:
Personally, Schmidt said, she drives 78 mph on the interstate and doesn’t think she’ll drive any faster.
“If you blow a tire or hit a deer at 80 mph that’s not a good thing,” she said.
Because those extra 2 mph really do make a difference.
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Biggest problem I have - other than the smug Omaha fans, of course - is that Trev Alberts is going to be canonized even though he under-handedly killed football and wrestling.
Screw-N-O.
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Taco sauce.
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4:59 left. TV timeout.
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13:00 and change left. Still 1-0 Omaha.
Submitted Nicknames
in UND Nickname
Posted
Are you serious? We have ridden this merry-go-round before. There is no "naughty list" for having no nickname, because there is no NCAA rule or bylaw being violated. The NCAA's sole remedy is to sue UND for a breach of contract. Period. End of story.