NCAA Wants Documents Sealed

[Chief Illiniwek Supporter]

the Governor appoints them. 7 citizens, 1 student, and then a nonvoting faculty advisor person which is selected by the Council of College Facilties.

Thanks for that info. We have roughly the same system, except our governor has delegated the appointments to the state Senate President, who has let it become a single issue job.

[GeauxSioux]

And the plot thickens.....UND NICKNAME: Forum Co. opposes sealing of court filings

Forum Communications Co. will take legal action opposing a Grand Forks judge's order to temporarily seal legal filings in UND's court case against the NCAA, the company's management decided Wednesday.

Forum Communications owns the Grand Forks Herald and The Forum of Fargo-Moorhead, as well as Grand Forks' WDAZ and Fargo's WDAY TV stations.

“The sealing of filings in this case goes well beyond protocols established in the North Dakota judicial system,” Herald publisher and editor Mike Jacobs said. “It's bad precedent . . . It's not in the interest of the public or the media to allow an expansion of the right to seal court proceedings.”

[ScottM]

Good for The Fraud. It's about time they've done something besides kiss Chapman's shoes.

[The Sicatoka]

I find this part rather telling:

Attorney General Wayne Stenehjem's office is representing UND in the nickname case. Stenehjem has said he opposes Jahnke's ruling because he is an advocate of open records, but has said he will comply with the judge's order.

Stenehjem said Wednesday he continues to oppose the ruling, but could not comment further until he sees the Forum Communications motion.

The NCAA supported the sealing, according to Jahnke's order.

[mksioux]

I find this part rather telling:

I don't think it's particularly telling. The attorney general's office is, after all, a political office. Stenehjem has always been an open records advocate so opposing the motion is a political decision and may not have anything to do with the case itself.

[Sioux-cia]

And the plot thickens.....[url="http://www.grandforksherald.com/articles/index.cfm?of the public or the media to allow an expansion of the right to seal court proceedings.

[Goon]

I find this part rather telling:

The NCAA probably does not want some of its dirty laundry to come out in court. I believe it will and the NCAA is going to look like a bunch of petty heavy handed A$$e$...

[Goon]

I find this part rather telling:

The NCAA probably does not want some of its dirty laundry to come out in court. I believe it will and the NCAA is going to look like a bunch of petty heavy handed A$$e$...

[Goon]

I find this part rather telling:

The NCAA probably does not want some of its dirty laundry to come out in court. I believe it will and the NCAA is going to look like a bunch of petty heavy handed A$$e$...

[Chief Illiniwek Supporter]

The NCAA probably does not want some of its dirty laundry to come out in court. I believe it will and the NCAA is going to look like a bunch of petty heavy handed A$$e$...

I'll find it interesting to see what (if anything) your University wanted sealed. I guess the NCAA has said they wanted to see if the alum who donated the arena put any conditions on the donation. I had to wonder "and even if he did that: so what difference does that make to this case?" They also said something about contracts, and again, I couldn't think of anything that your school could have done that every other school does.

In short, I'd be suprised if the documents that are currently sealed aren't mostly NCAA-initiated memos, etc. in a ratio of about 10-1.

[Chewey]

I bet the NC00 correspondence, memos, etc will do much to show how arbitrary and capricious the NC00 has been vis-a-vis UND. I bet that such things will show exactly what professors, groups, etc have been pushing the NC00. Granted the nut jobs of the NC00 executive committee did not need much pushing but the memos still will not paint a pretty picture. The big question is whether the Fraud will have the independence and backbone to print the anti-NC00 documents. In my opinion, UND should commence slander/libel lawsuits against all professors and groups who took part in this and helped cause the NC00 besmirch UND with its "hostile and abusive" language. As so many have pointed out and as the number of programs and indian students at UND would indicate, the accusation is completely false. Given the thousands spent on the lawsuit, to date, there certainly are damages. There are probably other damages too numerous to mention here. I can think of a one or two law school professors and some other professors and administrators who would make excellent defendants.

[Chief Illiniwek Supporter]

In my opinion, UND should commence slander/libel lawsuits against all professors and groups who took part in this and helped cause the NC00 besmirch UND with its "hostile and abusive" language. As so many have pointed out and as the number of programs and indian students at UND would indicate, the accusation is completely false. Given the thousands spent on the lawsuit, to date, there certainly are damages. There are probably other damages too numerous to mention here. I can think of a one or two law school professors and some other professors and administrators who would make excellent defendants.

"....chilling effect on academic freedom...."

"....restraining free speech...."

We went thru this at Illinois. The academic world is quite different from the real world everyone else has to live in.

[GeauxSioux]

Forum Co., Herald lawsuits seek transparency of courts

Of course, there are arguments peculiar to every individual instance. In the Sioux name case that is of most interest in Grand Forks, our argument is that this closure is well outside the guidelines that have been established for North Dakota courts.

We didn't rush into this judicial action. In fact, we waited almost a fortnight because we didn't want to jeopardize the possibility of a settlement in the case.

By late last week, it was apparent that no settlement was imminent, so we went ahead to challenge the judge's ruling sealing filings in the case.

Not least among the arguments against our action was one put forward by Judge Jahnke himself, who said that the one thing this case doesn't need is more attorneys' fees. What's more, he indicated in his initial order that the filings would be opened late in October. That's about the time our challenge of his order will be heard.

[Chewey]

"....chilling effect on academic freedom...."

"....restraining free speech...."

We went thru this at Illinois. The academic world is quite different from the real world everyone else has to live in.

I think those arguments could be used in support of any nickname and in opposition to the crack pots that oppose nicknames. I would say sue them anyway. If a judge throws it out on those grounds, so be it but one must hold those idiots accountable in some fashion. Make them put their money where their mouths are. Make them hire attorneys out of their own money and let's see where their "convictions" remain when their pocketbooks are put to the test.

[PCM]

From the Bismarck Tribune:

Sealing court documents in nickname suit is wrong

The judge shouldn't have sealed the documents in the University of North Dakota "Fighting Sioux" nickname lawsuit against the NCAA.

The NCAA agreed with the judge's ruling, which isn't surprising. The NCAA has a reputation for being dictatorial and secretive.

Forum Communications Co. plans legal action over the judge's order. The North Dakota Newspaper Association plans to file a friend-of-the-court brief supporting the Forum action. The Reporters Committee for Freedom of the Press also has said it will support the motion.

[Chief Illiniwek Supporter]

I think those arguments could be used in support of any nickname and in opposition to the crack pots that oppose nicknames. I would say sue them anyway. If a judge throws it out on those grounds, so be it but one must hold those idiots accountable in some fashion. Make them put their money where their mouths are. Make them hire attorneys out of their own money and let's see where their "convictions" remain when their pocketbooks are put to the test.

I'm certainly no expert, but I'd be willing to bet that an employer suing its employees would have to foot the legal bill for both parties. Tenure is probably written into the contract, and from there they go on "free speech" grounds.

[PCM]

PRESS RELEASE: The Reporters Committee for Freedom of the Press

FOR IMMEDIATE RELEASE -- Contact: Lucy Dalglish, (703) 807-2100

Reporters Committee urges North Dakota judge to open records

Oct. 1, 2007

Court records related to the University of North Dakota's lawsuit against the National Collegiate Athletic Association over use of its "Fighting Sioux" logo should be opened for public scrutiny because the case involves a public entity and is a matter of great public interest, The Reporters Committee for Freedom of the Press urged in an Oct. 1 letter to the judge.

The Reporters Committee joins the Grand Forks Herald and its parent company, Forum Communications Co., in urging Judge Lawrence E. Jahnke to unseal records made secret in the judge's hopes that the parties would reach a settlement. The group's letter argues that Jahnke's closure "prevents the public

[GeauxSioux]

I like the fact that a national organization is on board with the public disclosure issue. I think they missed the point about the "hostile and abusive", though.

The NCAA contends that the university's "Fighting Sioux" team name and Indian head logo demean American Indians and has prohibited the university from using either during NCAA postseason tournaments.

[PCM]

I like the fact that a national organization is on board with the public disclosure issue. I think they missed the point about the "hostile and abusive", though.

They also missed the point about UND being prohibitted from hosting NCAA post-season tournaments.

[GeauxSioux]

They also missed the point about UND being prohibitted from hosting NCAA post-season tournaments.

You're right. I've seen that one missed so often that I read right past it.

[star2city]

Lucy Dalglish is a UND grad with a rather impressive resume (UND, Yale, St Paul Pioneer Press reporter, Vanderbilt Law, practiced law, RCFP)

[GeauxSioux]

Judge's sealing order takes on a practical dimension

What once might have been considered an ideological debate took on a practical dimension Monday when two new documents were filed in UND's lawsuit against the NCAA over the school's Fighting Sioux nickname.

The text of those documents is being withheld from public view because of a Sept. 14 order from Grand Forks County District Court Judge Lawrence Jahnke that sealed all future filings from either side in the lawsuit.

According to computerized court records, one of the documents filed Monday is a

[mksioux]

Judge's sealing order takes on a practical dimension

[Chief Illiniwek Supporter]

Judge's sealing order takes on a practical dimension

http://www.nvbooks.nevada.edu/books.asp?ID=1908

Dr. Joseph Crowley served as the University of Nevada, Reno president for a record-setting 23 years, from 1978 to 2001....

...He retired, formally, in January 2003, but then served for a year (2003-04) as interim president of San Jose State University. Afterward, he returned to Nevada to teach on a part-time basis. He served as interim president from December 2005 to June 2006....

...His service as president involved Crowley in numerous civic activities, including a two year term as president of the National Collegiate Athletic Association (1993-95), an organization he continues to serve (in recent years, as a member of its Honors Committee and Minority Opportunities and Interests Committee)....

(emphasis added)

I wonder what that affadavit had to say?

[rochsioux]

Is the pre-trial conference still scheduled for tomorrow ?

Domuments should be unsealed tomorrow. Will be interesting to see what is in there.