Eric J. Burton wrote:
> Remember Power Corupts and the NCAA is
> just bowing to the pressure of a small
> minority of people. I think FSU can win
> a case against the NCAA in the Courts and
> I cheer them on.
Respectfully disagree with Eric here. The NC$$ remains a non-profit,
membership organization. The individual school must prove that the NC$$
prohibits its opportunity to play sport anywhere else or form another
league-- acting like a monopoly. The NC$$ will always argue as a .org that
it remains made up of its member institutions and those institutions, not
the NC$$ hierarchy make decisions.
Courts generally give organizations heavy leeway unless some fundamental
right gets trampled. In this case, the court would weigh free speech vs.
the rights of an association to assemble and make rules. Given the NC$$ can
argue that FSU, UND and others can retain their rights to name their
mascots, yet relinquish it during NC$$ championships should probably seem a
reasonable alternative to a Judge weighing both rights-- as much as I don't
like it.
On a slightly lighter note, will this open the door on Title IX grounds that
Oregon State and Bemidji State will now need to change their nicknames
because some might percieve them as "offensive and hostile?"
I also wonder if someone tipped off the NC$$ selection committee on this
ruling why the Ralph got shut out of Western Regionals.
-----Original Message-----
From: - Hockey-L - The College Hockey Discussion List
[mailto:[log in to unmask]]On Behalf Of Bob Griebel
Sent: Saturday, August 06, 2005 12:18 PM
To: [log in to unmask]
Subject: Re: NCAA bans Indian mascots, nicknames from postseason events
Eric J. Burton wrote:
> Remember Power Corupts and the NCAA is
> just bowing to the pressure of a small
> minority of people. I think FSU can win
> a case against the NCAA in the Courts and
> I cheer them on.
That power can corrupt doesn't make that the only explanation for the
NCAA's action. Nor would it seem to be a small minority of the
population when so many schools have voluntarily decided it was a better
choice to avoid the risk of offending and only a few remain otherwise.
It may very well be that the best role the NCAA can play on its own is
to force the issue, not necessarily with the expectation that the NCAA
wins and those in opposition lose (which is all the courts can decide),
but in order to force all the relevant considerations to be aired so the
most justified decision can prevail. I'm not sure the courts provide
that service. The court can only be a binary switch that selects
between two opposite options and then only to rule on whether the state
of developed law is such that the school can be forced by law to give up
its corporate choice. The arguments brought forward in that process are
only those which attorneys see as most likely to work for their side in
that limited process.
That's a very different process from, say, an educational institutional
with substantial and varied intellectual resources voluntarily saying.
"We want this issue to be thoroughly examined, pro and con, with all the
resources at our disposal for the purpose of deciding on the best
course" ... and the NCAA saying, "We will be involved in that process in
whichever way is most helpful." That process, with two organizations
working cooperatively, has the potential for arriving at many possible
solutions in a way the courts' binary switch can't accomplish, including
the outcome where the school decides "We believe we could get our way
because the courts aren't able to force us to do otherwise, but we don't
think that's the expedient choice for how we serve society", ... or the
NCAA decides that certain schools, like the "Braves", have a different
case for being allowed full privileges than the school that calls itself
"The Dirty Rotten Stinkin' Scalping Savages." That strikes me as a
better initial process than you get either through the courts or because
Ralph threatens to withdraw his Las Vegas dollars from the purpose of
higher education if the university doesn't wholly ignore any segment of
the Indian community that might honestly feel offended.
Bob Griebel
Eric J. Burton wrote:
>Eric J. Burton
>(701)-610-9466
>The Tree of Liberty Must be Refreshed From Time to Time with the Blood of
>Patriots and Tyrants.
>
>Whoops, what I was trying to say that sueing people is the American way and
>I think we have made a
>mistake giving the NCAA this much power. Remember Power Corupts and they
>NCAA is just bowing to the
>pressure of a small minority of people. I think FSU can win a case against
>the NCAA in the Courts and
>I cheer them on.
>
>
>I think going to the courts is the American way, what the first words out
of
>people mouth. I will sue. I would be willing to bet by the time this is
>over the NCAA will back off. I just can't see the NCAA having the teeth to
>enforce this rule. I think you could have a back lash against this
>organization.
>
>
>
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