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(Americans Ferris and Fowler shortlisted for Man Booker Prize)
(BAA to defend itself, file counterclaim against Baylor lawsuit)
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Karen Joy Fowler, the Santa Cruz author of  is one of two Americans 鈥?along with Joshua Ferris, author of 鈥?who have been shortlisted <a href=http://capstone.edu.sg/clreplicashoes.php>Christian Louboutin Outlet</a>  for this year鈥檚 Man Booker Prize for Fiction.  
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BAA President Keith Starr announced the news in written statement Wednesday. The lawsuit charges BAA is improperly using Baylor鈥檚 name and trademarks.
It鈥檚 the first year that the 拢50,000 prize has been open to authors outside the British Commonwealth, but the four others on the shortlist are all from Britain or Australia:
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The lawsuit stems from long-standing tension between the two entities about BAA鈥檚 independent status.
Richard Flanagan of Australia (鈥淭he Narrow Road to the Deep North鈥?
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  A transition agreement crafted by Baylor regents and a <a href=http://www.aec-ist.com/css/Cheap-Gucci-Outlet-Womens-Shoes-Vintage-Handbags-G-Watch.html>Cheap Gucci Outlet</a>  group of elected BAA leaders and members of the board, which would have dissolved the organization鈥檚 charter, failed to secure enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the failed vote.
 
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鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name; the title of our magazine, the Baylor Line; and keeps our commitment to thousands of Baylor alumni,鈥?Starr said in the release.
Howard Jacobson of Britain (鈥淛鈥?
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鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization.鈥?
 
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Keith Starr is not related to Baylor President Ken Starr.
Neel Mukherjee of Britain (鈥淭he Lives of Others鈥?
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Keith Starr told the Tribune-Herald the BAA is finalizing options for legal counsel to represent the organization.
 
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鈥淭he executive committee is disappointed that we find ourselves being sued by the institution we all care about,鈥?Keith Starr said.
Ali Smith of Britain (鈥淗ow to Be Both鈥?
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Baylor filed the lawsuit last week in Waco鈥檚 74th District Court, arguing that it has severed the licensing agreements that previously allowed the BAA to use the university鈥檚 name and to operate as Baylor鈥檚 official alumni organization.
AC Grayling, chair of this year鈥檚 judges, said, 鈥淚t is a strong, thought-provoking shortlist <a href=http://www.alportico.net/gosoc.php>true religion jeans</a>  which we believe demonstrates the wonderful depth and range of contemporary fiction in English.鈥?
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The alumni association previously has argued that those agreements, signed in 1993 and 1994, are in effect in perpetuity and cannot be terminated, which should allow the group to continue operating with the same name.
Joshua Ferris (Photo by Beowulf Sheehan)
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Failed agreement
The six authors made the cut from a longlist of 13 announced in July. Among those who didn鈥檛 make the shortlist are Siri Hustvedt (鈥淭he Blazing World鈥?, David Mitchell (鈥淭he Bone Clocks鈥? and Richard Powers (鈥淥rfeo鈥?.  
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Baylor initially gave the BAA until Dec. 8 to stop using its name, a notice that followed the Sept. 7 vote on the transition agreement.
Jacobson won the prize with 鈥淭he Finkler Question鈥?in 2010, and Smith has been shortlisted twice, with 鈥淭he Accidental鈥?(2005) and 鈥淗otel World鈥?(2001).
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The agreement had approval from 55 percent of BAA members who voted on the issue in person, then a requirement in the group鈥檚 bylaws. But a two-thirds majority was needed to approve it.
Previous prize winners include Salman Rushdie (鈥淢idnight鈥檚 Children,鈥?1981), A.S. Byatt (鈥淧ossession,鈥?1990) and Margaret Atwood (鈥淭he Blind Assassin,鈥?2000). <a href=http://www.symbiose.ca/images/christianlouboutin.gwij.php>Christian Louboutin Outlet</a>   
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The university is seeking a judgment ordering the group to <a href=http://www.aec-ist.com/css/Cheap-Gucci-Sale-Jackie-Bag-Book-Bag-Tee-Shirts.html>Gucci Book Bag</a>  cease using registered marks, including the name 鈥淏aylor鈥?and 鈥淏aylor University.鈥?
This year鈥檚 winning novel will be named Oct. 14.
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The university also wants injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial assistance to Baylor students.鈥?
More information:
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Baylor spokeswoman Lori Fogleman on Monday said the BAA has 鈥渇ailed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor. The university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
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Fogleman declined additional comment Wednesday on the BAA鈥檚 response.
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Baylor charged in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
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The suit specifically notes a $1 million scholarship pledge from the BAA in February 2013 that was never completed, though the BAA has said the donation was not completed because of the discussions surrounding <a href=http://www.aec-ist.com/css/Gucci-Belts-Online-Sale-Online-Polo-Www-Shoes-Com.html>Gucci Polo</a>  the transition agreement.
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鈥?BAA) has not abandoned its charitable purpose, to the extent that its charitable purpose has been impeded by conduct of the university,鈥?Keith Starr said.
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Baylor hired 10 of the BAA鈥檚 staff after the vote on the transition agreement, Keith Starr said. But Fogleman said those hires were requested and approved by association leaders and included as part of the transition agreement. Though the agreement failed, Baylor went through with the hires.
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Alumni center razed
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The university in July razed the Hughes-Dillard Alumni Center the BAA had used as its headquarters since 1978, and later kicked the remaining BAA staff out of on-campus offices the organization had moved into, an action that followed the Dec. 8 deadline.
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Fogleman said the same elected BAA leaders who agreed to the transition agreement also signed off on razing Hughes-Dillard in a separate document, a claim also made in Baylor鈥檚 lawsuit.
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The BAA has continued to meet to discuss its future direction and mission. The group鈥檚 board of directors announced plans earlier this month to solicit feedback from members on three possible options 鈥?solely raising money for scholarships, focusing only on alumni communications or a combination of both activities.
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Keith Starr said the BAA still will proceed with those plans.

Revision as of 06:29, 1 October 2014

@@@ BAA President Keith Starr announced the news in written statement Wednesday. The lawsuit charges BAA is improperly using Baylor鈥檚 name and trademarks.

The lawsuit stems from long-standing tension between the two entities about BAA鈥檚 independent status.
A transition agreement crafted by Baylor regents and a <a href=http://www.aec-ist.com/css/Cheap-Gucci-Outlet-Womens-Shoes-Vintage-Handbags-G-Watch.html>Cheap Gucci Outlet</a>  group of elected BAA leaders and members of the board, which would have dissolved the organization鈥檚 charter, failed to secure enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the failed vote.
鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name; the title of our magazine, the Baylor Line; and keeps our commitment to thousands of Baylor alumni,鈥?Starr said in the release.
鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization.鈥?
Keith Starr is not related to Baylor President Ken Starr.
Keith Starr told the Tribune-Herald the BAA is finalizing options for legal counsel to represent the organization.
鈥淭he executive committee is disappointed that we find ourselves being sued by the institution we all care about,鈥?Keith Starr said.
Baylor filed the lawsuit last week in Waco鈥檚 74th District Court, arguing that it has severed the licensing agreements that previously allowed the BAA to use the university鈥檚 name and to operate as Baylor鈥檚 official alumni organization.
The alumni association previously has argued that those agreements, signed in 1993 and 1994, are in effect in perpetuity and cannot be terminated, which should allow the group to continue operating with the same name.
Failed agreement
Baylor initially gave the BAA until Dec. 8 to stop using its name, a notice that followed the Sept. 7 vote on the transition agreement.
The agreement had approval from 55 percent of BAA members who voted on the issue in person, then a requirement in the group鈥檚 bylaws. But a two-thirds majority was needed to approve it.
The university is seeking a judgment ordering the group to <a href=http://www.aec-ist.com/css/Cheap-Gucci-Sale-Jackie-Bag-Book-Bag-Tee-Shirts.html>Gucci Book Bag</a>  cease using registered marks, including the name 鈥淏aylor鈥?and 鈥淏aylor University.鈥?
The university also wants injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial assistance to Baylor students.鈥?
Baylor spokeswoman Lori Fogleman on Monday said the BAA has 鈥渇ailed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor. The university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
Fogleman declined additional comment Wednesday on the BAA鈥檚 response.
Baylor charged in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
The suit specifically notes a $1 million scholarship pledge from the BAA in February 2013 that was never completed, though the BAA has said the donation was not completed because of the discussions surrounding <a href=http://www.aec-ist.com/css/Gucci-Belts-Online-Sale-Online-Polo-Www-Shoes-Com.html>Gucci Polo</a>  the transition agreement.
鈥?BAA) has not abandoned its charitable purpose, to the extent that its charitable purpose has been impeded by conduct of the university,鈥?Keith Starr said.
Baylor hired 10 of the BAA鈥檚 staff after the vote on the transition agreement, Keith Starr said. But Fogleman said those hires were requested and approved by association leaders and included as part of the transition agreement. Though the agreement failed, Baylor went through with the hires.
Alumni center razed
The university in July razed the Hughes-Dillard Alumni Center the BAA had used as its headquarters since 1978, and later kicked the remaining BAA staff out of on-campus offices the organization had moved into, an action that followed the Dec. 8 deadline.
Fogleman said the same elected BAA leaders who agreed to the transition agreement also signed off on razing Hughes-Dillard in a separate document, a claim also made in Baylor鈥檚 lawsuit.
The BAA has continued to meet to discuss its future direction and mission. The group鈥檚 board of directors announced plans earlier this month to solicit feedback from members on three possible options 鈥?solely raising money for scholarships, focusing only on alumni communications or a combination of both activities.
Keith Starr said the BAA still will proceed with those plans.
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