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re: CBS, Sporting News: Petrino will be fired
Posted on 4/6/12 at 4:31 pm to KillianRussell
Posted on 4/6/12 at 4:31 pm to KillianRussell
quote:
Thank you, the state can be sued but there is a cap
It will not cost them millons as infered by those throwing salt in the Arkansas wound.
The University is not 100% immune as the Petrino apologists implied
the bad publicity from any such trial would cost them more than she would ever get.
2
Posted on 4/6/12 at 4:34 pm to secfan123
ESPN Running with the State Trooper's Role Story Now
quote:
Authorities say they want to know how State Police Captain Lance King wound up meeting Petrino after the crash at an intersection in Fayetteville. King, who provides security for the coach during the season, then drove Petrino to a hospital.
This post was edited on 4/6/12 at 4:35 pm
Posted on 4/6/12 at 4:35 pm to KillianRussell
5. Constitutional law -- sovereign immunity -- suits against State forbidden. -- The Arkansas Constitution expressly forbids suits against the State, providing that "[t]he State of Arkansas shall never be made a defendant in any of her courts" [Ark. Const. art. 5, § 20].
6. Constitutional law -- sovereign immunity -- jurisdictional. -- Sovereign immunity is jurisdictional immunity from suit; jurisdiction must be determined entirely from the pleadings; where the pleadings show the action is one against the State, the trial court acquires no jurisdiction.
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
8. Constitutional law -- sovereign immunity -- suit against state university barred. --A suit against a state university or its board of trustees is a suit against the State and is barred by the doctrine of sovereign immunity.
9. Constitutional law -- sovereign immunity -- barred appellee's action where finding in appellee's favor would necessarily subject State to financial liability. -- If a judgment for the plaintiff will operate to control the action of the State or subject it to liability, the suit is one against the State and is barred by the doctrine of sovereign immunity; the General Assembly has provided that UAMS's costs and expenses will be borne by the State of Arkansas [Ark. Code Ann. § 6-64-403 (Repl. 1996)]; where a finding for appellee against UAMS would necessarily subject the State of Arkansas to financial liability, sovereign immunity barred such an action unless it had been waived, and no argument of waiver was made below or to the supreme court.
10. Constitutional law -- sovereign immunity -- proper avenue for redress is to file claim with Arkansas Claims Commission. -- Appellee failed to follow the proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission [Ark. Code Ann. § 19-10-204 (Supp. 2001)].
6. Constitutional law -- sovereign immunity -- jurisdictional. -- Sovereign immunity is jurisdictional immunity from suit; jurisdiction must be determined entirely from the pleadings; where the pleadings show the action is one against the State, the trial court acquires no jurisdiction.
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
8. Constitutional law -- sovereign immunity -- suit against state university barred. --A suit against a state university or its board of trustees is a suit against the State and is barred by the doctrine of sovereign immunity.
9. Constitutional law -- sovereign immunity -- barred appellee's action where finding in appellee's favor would necessarily subject State to financial liability. -- If a judgment for the plaintiff will operate to control the action of the State or subject it to liability, the suit is one against the State and is barred by the doctrine of sovereign immunity; the General Assembly has provided that UAMS's costs and expenses will be borne by the State of Arkansas [Ark. Code Ann. § 6-64-403 (Repl. 1996)]; where a finding for appellee against UAMS would necessarily subject the State of Arkansas to financial liability, sovereign immunity barred such an action unless it had been waived, and no argument of waiver was made below or to the supreme court.
10. Constitutional law -- sovereign immunity -- proper avenue for redress is to file claim with Arkansas Claims Commission. -- Appellee failed to follow the proper avenue for redress against State action, which is to file a claim with the Arkansas Claims Commission [Ark. Code Ann. § 19-10-204 (Supp. 2001)].
Posted on 4/6/12 at 4:37 pm to secfan123
quote:
the bad publicity from any such trial would cost them more than she would ever get
No doubt
Posted on 4/6/12 at 4:38 pm to dr smartass phd
quote:
dr smartass phd
there are ways around 11th amendment immunity brah. 1983, ex parte young exception blah blah blah. I'm not getting into it all. Of course, those types of suits are against a person in either their personal or official capacity but often times states have statutes where they will indemnify...
This post was edited on 4/6/12 at 5:19 pm
Posted on 4/6/12 at 4:39 pm to dr smartass phd
quote:
7. Constitutional law -- sovereign immunity -- can be waived. -- Unlike subject-matter jurisdiction, sovereign immunity can be waived.
Who wants to bet that Arkansas has a statute waiving immunity? First one to find it wins a Brianna Banks autographed 6 1/2 concrete dildo.
Go.
Posted on 4/6/12 at 4:44 pm to Elleshoe
From what little I've researched, the Arkansas Supreme Court is pretty steadfast and rigid on Sovereign Immunity, especially when it comes to suing state universities.
Posted on 4/6/12 at 4:45 pm to CaptainBrannigan
quote:
So AU will only have two L in the west next season
Nah, unless you guys purchase yourselves another Cam Newton, you'll still pretty much be trolling for 4th place.
Posted on 4/6/12 at 4:46 pm to KaiserSoze99
quote:
Petrino deserves to be fired, but Arkansas fans (as shitty and annoying as they can be at times) do NOT deserve this. Sucks for them.
Same sort thing happened to Alabama in 1993 when Wimp Sanderson was fired under similar tawdry circumstances. He had the basketball program at a fairly high level and was on a heck of a run when Alabama had to let him go. Alabama basketball has never quite been the same. Heck, even Gottfried got in trouble for a similar incident to Petrino's.
Posted on 4/6/12 at 4:51 pm to dr smartass phd
quote:
From what little I've researched, the Arkansas Supreme Court is pretty steadfast and rigid on Sovereign Immunity, especially when it comes to suing state universities.
the arkansas supreme court doesn't mean shite in terms of what I described above if she could find a way to bring their suit under one of those exceptions. if she can find a way to bring her suit under the CRA of 1964 Congress has abrogated state sovereign immunity and allows suits against the states
Posted on 4/6/12 at 4:57 pm to KaiserSoze99
quote:
Who wants to bet that Arkansas has a statute waiving immunity? First one to find it wins a Brianna Banks autographed 6 1/2 concrete dildo.
According to this Arkansas Supreme Court case from 2002, I wouldn't be so sure.
Short v. Westark Cmty. Coll., 347 Ark. 497, 65 S.W.3d 440 (2002)
Posted on 4/6/12 at 5:05 pm to Aux Arc
quote:
According to this Arkansas Supreme Court case from 2002, I wouldn't be so sure.
Short v. Westark Cmty. Coll., 347 Ark. 497, 65 S.W.3d 440 (2002)
she'd prob have to bring her suit under the federal civil rights act to name a univ official in their official capacity
This post was edited on 4/6/12 at 5:06 pm
Posted on 4/6/12 at 5:10 pm to Elleshoe
It looks like she can go with Discrimination since the unviversity the state entity receives federal funding United States Code, Title 42, Section 2000d-7
or possibly
The Stripping Doctrine
or possibly
The Stripping Doctrine
Posted on 4/6/12 at 5:31 pm to dr smartass phd
Are you guys talking about the Dorral girl? How has she been harmed? Her engagement was ended 2 weeks ago, a week before Petrino hired her?
I'll hang up and listen.
I'll hang up and listen.
Posted on 4/6/12 at 5:39 pm to SLC
Do you folks really think 'Petrino' could 'hire' this girl without it going through the HR channels? And do you really believe HR would fast track her through without going through the proper procedures or required length of job posting? I don't think Petrino has that kind of power. I'm not even sure that Petrino is the one who actually 'hired' her. I think that aspect of the situation will be found to be legal and of no issue.
Posted on 4/6/12 at 5:42 pm to WonderWartHawg
Oh, please. Are you that naive?
Posted on 4/6/12 at 5:42 pm to WonderWartHawg
quote:
I think that aspect of the situation will be found to be legal and of no issue.
Agreed and she hasn't been harmed.
Other candidates may have been harmed, if they were more qaulified. Not sure anyone can prove such a subjective opinion.
Posted on 4/6/12 at 5:46 pm to genro
Lol. Arkansas is not getting a bbetter coach..........ever.
I mean, even if you are a bigtime moralist and think this deserves firing(happens alot in this world) you should still know that.
Every step he took at Arkansas might be flushed down the drain now.
I mean, even if you are a bigtime moralist and think this deserves firing(happens alot in this world) you should still know that.
Every step he took at Arkansas might be flushed down the drain now.
Posted on 4/6/12 at 5:47 pm to genro
You posted opinion as fact?
Posted on 4/6/12 at 5:48 pm to alu
quote:
Oh, please. Are you that naive?
No, I know you are used to the Huey P. Long way of running things, but that's not the way things are run at the UA. Not in a long time, anyway.
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