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nysportsfan29
02-23-2011, 09:18 AM
From the Associated Press on 2/22/11:

ND House says UND must keep Fighting Sioux name (http://www.jamestownsun.com/event/apArticle/id/D9LHHF2G3/)


Setting up a potential clash with the NCAA, the North Dakota House on Monday approved a bill that requires the University of North Dakota to keep its Fighting Sioux athletics nickname.

The university has been preparing to drop the nickname and its American Indian head logo this summer as part of a negotiated lawsuit settlement with the NCAA, which considers both to be hostile and abusive to American Indians.

House members voted 65-28 to approve legislation Monday that requires UND to keep the nickname and logo, and directs Attorney General Wayne Stenehjem to consider an antitrust lawsuit against the NCAA if any penalties result.

The bill now goes to the North Dakota Senate for its review. An NCAA spokeswoman, Gail Dent, declined to comment on the House vote...

That's just the first 1/3 of the article. Now I know this story involves a Division I school, however the part that I wanted to focus on could have much more of an impact than just on that particular program. Also as I don't think I've ever posted on the D-I board, I'm more familiar with the top minds on the D-III board.

It seems this process is still in it's infancy (if even that) but does anyone have a take on what some of the implications would be if such a lawsuit were to be filed against the NCAA?

The most I can offer to the subject is that I know from a Women in Sport class that the Association for Intercollegiate Athletics for Women (AIAW) had to fold back in the 80s when the NCAA started doing their own Women's Championships.

norm1909
02-23-2011, 10:03 AM
From the Associated Press on 2/22/11:

ND House says UND must keep Fighting Sioux name (http://www.jamestownsun.com/event/apArticle/id/D9LHHF2G3/)



That's just the first 1/3 of the article. Now I know this story involves a Division I school, however the part that I wanted to focus on could have much more of an impact than just on that particular program. Also as I don't think I've ever posted on the D-I board, I'm more familiar with the top minds on the D-III board.

It seems this process is still in it's infancy (if even that) but does anyone have a take on what some of the implications would be if such a lawsuit were to be filed against the NCAA?

The most I can offer to the subject is that I know from a Women in Sport class that the Association for Intercollegiate Athletics for Women (AIAW) had to fold back in the 80s when the NCAA started doing their own Women's Championships.

Antitrusts against the NCAA are common:

There is this one. (http://sports-law.blogspot.com/2010/10/antitrust-lawsuit-filed-against-ncaa.html).

And this one. (http://www.nytimes.com/2010/02/09/sports/ncaabasketball/09ncaa.html) - some commonalities with the UND case.

And this one could change everything. (http://sportsillustrated.cnn.com/2010/writers/frank_deford/03/10/NCAA-amateurism-lawsuit/index.html).


The NCAA has lost before, for example, here in 2008 (http://www.usatoday.com/sports/college/2008-01-29-ncaa-settlement_N.htm), excerpt:


...
As part of a settlement to a federal antitrust suit, the NCAA agreed Tuesday to make available $10 million...
...
"This was a hard-fought case," he said. "They have really good lawyers, and a lot of them, and they were fighting every step of the way."

LakerEagleLover
02-23-2011, 10:15 AM
Antitrusts against the NCAA are common:

There is this one. (http://sports-law.blogspot.com/2010/10/antitrust-lawsuit-filed-against-ncaa.html).

And this one. (http://www.nytimes.com/2010/02/09/sports/ncaabasketball/09ncaa.html) - some commonalities with the UND case.

And this one could change everything. (http://sportsillustrated.cnn.com/2010/writers/frank_deford/03/10/NCAA-amateurism-lawsuit/index.html).


The NCAA has lost before, for example, here in 2008 (http://www.usatoday.com/sports/college/2008-01-29-ncaa-settlement_N.htm), excerpt:

It's the reason for the 500 mile rule - jet fuel vs legal fees:rolleyes:

nysportsfan29
02-23-2011, 10:20 AM
Great stuff, Norm. Thanks.

If I was still in school, this would definitely be my next research paper topic.

Russell Jaslow
02-23-2011, 11:45 AM
Antitrusts against the NCAA are common:

There is this one. (http://sports-law.blogspot.com/2010/10/antitrust-lawsuit-filed-against-ncaa.html).

And this one. (http://www.nytimes.com/2010/02/09/sports/ncaabasketball/09ncaa.html) - some commonalities with the UND case.

And this one could change everything. (http://sportsillustrated.cnn.com/2010/writers/frank_deford/03/10/NCAA-amateurism-lawsuit/index.html).


The NCAA has lost before, for example, here in 2008 (http://www.usatoday.com/sports/college/2008-01-29-ncaa-settlement_N.htm), excerpt:

And there is the antitrust lawsuit filed by the NIT against the NCAA. The out of court settlement resulted in the NCAA buying the NIT and paying for all court fees.