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319 members have voted

  1. 1. What name should replace "Fighting Sioux" after it's retired?

    • Aviators or Pilots
      12
    • Cavalry
      18
    • Nodaks
      11
    • Nokotas
      21
    • Norse, Nordics, Fighting Norsemen
      46
    • Outlaws
      13
    • Plainsmen
      4
    • Rangers
      6
    • Rough Riders
      79
    • Other
      109


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Posted

With all you law experts out there I cant believe we can't go back to the old flicker tails logo. What is as harmless as a rodent?

There is no way the ncaa won't let us go back to that logo so there is also no way we can't just use the ND logo

 

 

With all you law experts out there I cant believe we can't go back to the old flicker tails logo. What is as harmless as a rodent?

There is no way the ncaa won't let us go back to that logo so there is also no way we can't just use the ND logo

 

Correct.  The ND logo could become the primary logo, with variations of it used as well if desired.   the "ND" could be considered the new nickname as well as the logo.    As an example of something similar, Slippery Rock University uses the nickname/logo of the "rock".     They seem to get along just fine using part of their school's name, as their nickname, with no punishment or scare tactics from the ncaa.

Posted

Anyone wanna take bets on when Kelley bans the in heaven there is no beer song?

After his war on the logo now he is after getting rid of all alcohol..... I bet he was steaming this weekend with all the Sioux chants and Sioux jerseys all over national tv

Funny you say that about banning in heaven there is no beer song by the Sioux pep band, I've been saying the same thing for the past few months in light of the anti-alcohol move.  I'm still surprised they are actually allowed to still play it.

Posted

Next step in the war on alcohol - stop scheduling Wisconsin and start a petition to get the state removed from the Union (anyone know where to find find someone to help gather signatures?). 

Posted

Next step in the war on alcohol - stop scheduling Wisconsin and start a petition to get the state removed from the Union (anyone know where to find find someone to help gather signatures?).

I think the NDSU football team would be more than happy to help gather signatures.

  • Upvote 2
Posted

How can the NCAA mandate us have a nickname.  Seriously is there anyone out there that has any balls left.  I hope Kelley and Fiason read this stuff.  Two individuals from outside the state that will leave it soon have no stake in this. 

Posted

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.

Posted

I wish Ralph was here to have him to deal with all this

Really? The NCAA could give two shits about what anyone, including Ralph, had to say about the nickname.They wanted it gone and got their way.

Posted

I wish Ralph was here to have him to deal with all this

 

Ralph was a businessman, a very successful one.  He would not have kept fighting a losing battle.

  • 4 weeks later...
Posted

The Herald must be seeing the writing on the wall that they are going to lose a good amount of hard copy space and online clicks as the nickname debacle finally (hopefully) winds down.  Now they are just openly trying to get people riled up again...

 

SHARE YOUR STORY: Looking for dedicated UND fans who love the retired nickname
 
While UND is getting closer to adopting a new nickname, many people are hold tight to their identities as Fighting Sioux fans. 
 
The Herald is looking for people to submit photos showing their Fighting Sioux pride that might be used in the print edition or online.
Posted

Haha right after they published that idiot curse article from some fool in Cali.

 

Lol cmon! I think it has some legs...

 

Anyone else have a better explanation? :)

 

The world is a weird place.

Posted

Remember the first role of a newspaper in today's world: Make money. 

 

If they have to stir the pot to sell more ads they have no issue with that. 

Posted

I don't think there ever was a Flickertails logo.  If there was I don't remember seeing it.  The NCAA wouldn't care whether UND picked Flickertails for a new nickname or not.  There is no desire by any significant number of people to pick Flickertails because it is too similar to the Gophers next door and it doesn't give the impression of strength or power or uniqueness or any other positive image.  It's a dirty rodent.

 

The NCAA won't care if UND continues to use the interlocking ND logo or not.  That logo has been used by UND for many years, mainly as a secondary logo to a Native American logo of some kind.  It can continue to be a secondary logo.  It probably isn't going anywhere.  The settlement agreement says that UND had to quit using the Native American nickname and logo, and that if a new nickname and logo are not chosen to replace the Native American nickname and logo then the NCAA will be allowed to put UND back on the "naughty" list and suffer sanctionsNorth Dakota is not a sports nickname.  It is the name of the state.  If you think it is a suitable nickname, then you believe the team can be called the University of North Dakota North Dakota, that is how a sports nickname is written.  In addition, the school has been known as North Dakota since it has been in existence since that can be a shortened form of University of North Dakota.  It isn't new.  It will always be called North Dakota.  The settlement agreement says new nickname.  North Dakota and the interlocking ND are not new.

 

I would concede that this initially would have been a reasonable interpretation of the settlement agreement.  But it's an interpretation that carries less weight every day.  Another, more logical interpretation is that the settlement agreement only required UND to transition away from the "Fighting Sioux" nickname by August 15, 2011.  Why is this a more logical interpretation?  Because it's been almost four years since that deadline came and passed and the NCAA has not taken any action to put UND back on a "naughty" list.  Please tell us why the NCAA has not put UND back on sanctions if UND has been in constant violation of the settlement agreement for over 44 months?  And please don't resort to the speculative assumption that the NCAA has been waiting for this process to play out.

 

It's simply incorrect to believe that the NCAA, or any party to a contract, can pick and choose if and when to enforce an agreement.  You lawyer types out there all know that UND has legitimate affirmative defenses such as laches, waiver, etc. that would prevent the NCAA from trying to put UND back on sanctions after it seemingly allowed UND to be in constant breach of the settlement agreement without taking any enforcement action for several years.  Litigants cannot sit on their rights for years and then selectively choose when to enforce a contract.

 

The more logical answer is that the settlement agreement simply does not require UND to adopt a new nickname.  If it did, UND would have been on sanctions from August 11, 2011 through the current date.  That hasn't been the case, however.

 

And what can't North Dakota be a nickname?  The settlement agreement does not even define "nickname".  Once again, this is an opinion as a lot of other peoples' opinions is that North Dakota and the interlocking "ND" is a suitable nickname and logo.

  • Upvote 1
Posted

I would concede that this initially would have been a reasonable interpretation of the settlement agreement.  But it's an interpretation that carries less weight every day.  Another, more logical interpretation is that the settlement agreement only required UND to transition away from the "Fighting Sioux" nickname by August 15, 2011.  Why is this a more logical interpretation?  Because it's been almost four years since that deadline came and passed and the NCAA has not taken any action to put UND back on a "naughty" list.  Please tell us why the NCAA has not put UND back on sanctions if UND has been in constant violation of the settlement agreement for over 44 months?  And please don't resort to the speculative assumption that the NCAA has been waiting for this process to play out.

 

Do we know everything that came out of this meeting (note the dates): 

http://www.ncaa.com/news/ncaa/2011-08-12/north-dakota-change-nickname

 

Gov. Jack Dalrymple said he will introduce legislation Nov. 7 that will give school officials the authority to change the nickname, essentially repealing an April law. Dalrymple said he expects that bill to pass and the school to change the name.

 

 

Implicit in that is an NCAA acknowledgement that the State of North Dakota has some legal and legislative processes to follow to get into compliance because they didn't crash down with sanction (back on naughty list) immediately. The NCAA gave some time and space to Dalrymple, Carlson, et al who visited to get that done.

 

How much? Has anyone asked them (meaning the ND officials who were sent packing or the NCAA)? 

Posted

I would concede that this initially would have been a reasonable interpretation of the settlement agreement.  But it's an interpretation that carries less weight every day.  Another, more logical interpretation is that the settlement agreement only required UND to transition away from the "Fighting Sioux" nickname by August 15, 2011.  Why is this a more logical interpretation?  Because it's been almost four years since that deadline came and passed and the NCAA has not taken any action to put UND back on a "naughty" list.  Please tell us why the NCAA has not put UND back on sanctions if UND has been in constant violation of the settlement agreement for over 44 months?  And please don't resort to the speculative assumption that the NCAA has been waiting for this process to play out.

 

It's simply incorrect to believe that the NCAA, or any party to a contract, can pick and choose if and when to enforce an agreement.  You lawyer types out there all know that UND has legitimate affirmative defenses such as laches, waiver, etc. that would prevent the NCAA from trying to put UND back on sanctions after it seemingly allowed UND to be in constant breach of the settlement agreement without taking any enforcement action for several years.  Litigants cannot sit on their rights for years and then selectively choose when to enforce a contract.

 

The more logical answer is that the settlement agreement simply does not require UND to adopt a new nickname.  If it did, UND would have been on sanctions from August 11, 2011 through the current date.  That hasn't been the case, however.

 

And what can't North Dakota be a nickname?  The settlement agreement does not even define "nickname".  Once again, this is an opinion as a lot of other peoples' opinions is that North Dakota and the interlocking "ND" is a suitable nickname and logo.

 

Putting all the legal mumbo jumbo aside....not having a nickname and being just "North Dakota" is super lame.  "Go North Dakota"....yeah, that's something I want to yell at games!! :)

  • Upvote 1
Posted

Folks, here it is, right from Al Carson:

 

“I’m disappointed,” said Carlson, "But we’ve got to live with what has happened.”

 

 

You don't have to like it; heck, you don't have to agree with it; but, as Al found out "we've got to live with what has happened."

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