We will just have to disagree then. There is no way in hell Paterno was going to be able to continue coaching. He should have been put on paid administrative leave, but I really think that many here forget just how explosive this was from day one.
I gave Barron a fair bit of slack when he came here, even to some extent after the fraudulent
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Hell its Trollapalooza today. All the old classics, plus a new one! Its almost like some firm coordinated the damage control, er, defense of their shill for hire.
Fortunately we know this population can be divided into the same 81/19 split identified in our externally valid alumni survey poll results, so an educated population needn't concern itself with what it may or may not suggest to you.
That millions of university dollars are being spent on PR firms who are creating spin against 81% of its own alumni population is a rather significant concern, however.
So the PSAA survey was based on 1,304 responses and a margin of error is given of +/- 2.71%. I looked on psu.edu and could not find the number who voted in the BOT this past year. Seems you have this CR66. Care to provide the actual figure? I'm curious to see how that number compares to the number in the survey. Only 1,304 responses appears to reasonably reflect the view of the population. Seems "small minorities" can be useful in telling a story.
FWIW, the AA provided a sampling of 19,000 alumni for the survey, selected at random from those who had an email and/or a telephone number on record. The reported regional census of participants is as follows:
U.S. Census Region
DEC 2014
NORTHEAST 68%
MIDWEST 7%
SOUTH 17%
WEST 7%
Listen, bookkeeper, you opened the door by stating something that was factually incorrect. I pointed it out so I become someone who is praying for bad news? Nice try.
Actually, all employees in PA owe their employer a fiduciary duty. You could argue that the Sandusky situation fell outside of Paterno's job description, but I'm not sure about that since the '01 assault happened in the Lasch Building.
"As to the breach of fiduciary duties/breach of duty of loyalty, this is a recognized claim in Pennsylvania. Under Pennsylvania Law, employees of a business have a fiduciary duty of loyalty to their employer that arises out of the employer/employee relationship prior to the termination of that employment relationship. This has been recognized for some time in Pennsylvania, including the case of Reading Radio, Inc., v. Fink, 833 A.2d 199, issued by the Pennsylvania Superior Court in 2003. Individual Employee-Defendants violate these fiduciary obligations to the employer by using the employer’s employment time, telephones, printers, fax machines, and/or trade secret information against the interest of their employer. Such was the case in the Balmer case and lead to the decision in favor of the employer."
It is not the same thing in any respect as the fiduciary duty owed by a trustee to a beneficiary. I suspect you know this.
They would ever admit knowing that, at this point. They know that their world will eventually come crashing down around them, and they are trying to figure out what they will say, how they will explain it, when it happens.
I don't know. Fiduciary duty is fiduciary duty. The difference is that Paterno could argue that the Sandusky situation was outside the scope of his employment (something a BOT member couldn't argue) and that he discharged his fiduciary duty by reporting the incident to his "boss."
I think the first consideration is why Paterno was constantly repeating that "Jerry didn't work for me anymore."
Dude, you are grasping at straws. We know you want Paterno to stay down, but even a dumbass like you knows that eventually, the truth will surface. Hopefully your name won't surface along with it, as someone who was party to this travesty.
To think that a dying elderly guy like Joe, who was already losing it, would have the presence of mind to cover his ass on his way out, is truly pathetic. How do you sleep at night?
To think that a dying elderly guy like Joe, who was already losing it, would have the presence of mind to cover his ass on his way out, is truly pathetic. How do you sleep at night?
"But over and above the agreed employment terms, the employee is also obligated to render loyal, diligent and faithful service to the employer even in the absence of any specific agreement to that effect. This means, among other things, that an employee owes a duty to act with the utmost good faith in the furtherance and advancement of the employer’s interests. Sylvester v. Beck, 406 Pa. 607, 178 A.2d 755 (1962). The question, then, is how these duties of loyalty and good faith translate into the day-to-day obligations of an employee to an employer. Among other things, the duty of loyalty includes an employee’s duty not to act or to agree to act during the period of his employment for persons whose interests conflict with those of the employer in matters for which the employee is employed. Restatement (Second) of Agency § 394. Thus, in the absence of the employer’s consent, “no man can serve two masters,” at least where the interests of those masters conflict. Onorato v. Wissahickon Park, Inc. , 430 Pa. 416, 244 A.2d 22 (1968), citing Matthew 6:24. An agent is a fiduciary with respect to matters within the scope of the agency, and is required to act solely for the benefit of her principal in all matters concerned with the agency. SHV Coal, Inc. v. Continental Grain Co. , 376 Pa.Super. 241, 545 A.2d 917 (1988)."
The employees duty of loyalty is a tiny fragment of the entirety of the duties ascribed to a trustee.
Beyond which, of course, JVP followed his duty of loyalty to a "T," as that duty was laid out for him by his EMPLOYER in the employee rules written by his employer.
Paterno testified a year before he passed. Are you saying he already knew he was dying? If you got something to back that up, you've got a scoop.
As for the rest of it, the guy was the head football coach, an extremely demanding job, for one of the largest universities in the country. But according to you he was "losing it."
Now, you're changing your argument. First it was no fiduciary duty, now it's a "limited" fiduciary duty. Tell me, what fiduciary duty is there other than a duty of loyalty?
And if you want to argue that Paterno discharged his duty of loyalty to Penn State by reporting Sandusky to a guy with a conflict of interest, well, okey-dokey.
A fiduciary duty is a legal duty to act solely in another party's interests.
That's it.
There is no other definition of fiduciary duty.
So did Spanier, Curley, Schultz and Paterno as employees of Penn State act solely in the interests of Penn State?
Dude, I'm a doctor. Joe had his cancer diagnosis by then and surely knew his prognosis.
And every reasonable person knew that the last year or two, he was a passenger. You're disputing that? If so, then you really are getting desperate.
And those like you, and your ilk: If your elderly parents have to go thru what Joe did in his last year, for some reason, I surely hope that you are understanding about it. That would be poetic justice, don't you think?
That is the lamest sort of sophistry. The lamest. Its okay to throw that kind of BS around when only lawyers are there, but you ought to know better. Within that definition, trustees have a whole lot more occasions to run afoul of that because they touch everything. come on, man.
The talking points are getting quite absurd these days.
My father died of cancer several years ago. My mother, age 86, is half-blind and an invalid from a stroke, She also has breast cancer.
Do you feel better now?
So when curley asks for a raise he commits a breach? Get serious. When he goes home to bed after a 14 hour day, he might help his employer more by staying around the clock. Is that it? Just foolish.
Nope. In fact, I feel sorry for you. I'd think you would have some perspective, but apparently not.
Here are some duties of a trustee under PA law. The first one is a standard trustee duty that no employee has. Employees do not have trustee powers, so they have no duty of care like a trustee does. Man you are pathetic, son. Not just a duty of loyalty, and a duty of care, but a whole bunch of other duties too.
Duty of Care
In administering a trust, a trustee can exercise all powers given by the terms of the trust and any powers necessary to accomplish the purposes of the trust that are not prohibited by the trust’s terms. See A.R.S. Section 14-10815(A); see also Restatement (Second) of Trusts Section 186 (trustee can “properly exercise such powers and only such powers as (a) are conferred upon him in specific words by the terms of the trust, or (b) are necessary or appropriate to carry out the purposes of the trust and are not forbidden by the terms of the trust.”); Restatement (Third) of Trusts Section 85 (2003). A.R.S. Section 14-10816 gives a non-exclusive list of specific powers of a trustee, including the power to acquire property, borrow money, mortgage trust property, loan trust property, enter into contracts and prosecute and/or defend actions on behalf of the trust. A trustee selected because of specialized skills has a duty to utilize such skills. A.R.S. Section 14-10806 (a “trustee who has special skills or expertise, or who is named trustee in reliance on the trustee’s representation that the trustee has special skills or expertise, shall use those special skills or expertise.”); Restatement (Third) of Trusts Section 77(3) (if a “trustee possesses, or procured appointment by purporting to possess, special facilities or greater skill than that of a person of ordinary prudence, the trustee has a duty to use such facilities or skill.”). Additionally, if a trustee wishes to delegate responsibilities to others who have specialized skills, the trustee must monitor the person delegated with such responsibilities. A.R.S. Section 14-10807(A).
Notable Other Duties
A trustee must enforce a claim of the trust and defend the trust from claims brought against it. - See more at: http://www.mitchell-attorneys.com/l...t-and-financial-matters/#sthash.K8WtuGFV.dpuf
Once again, CDW comes in and pretends to be a lawyer.
Either that, or his is the most incompetent and most conflicted lawyer ever to pass the bar. My dog has a better understanding of the law than CDW does.....and I'm talking about the deceased one, not the current version.
This is easily one of my favorite Move On tactics: When all else fails, blame Joe again.
Section 78 cmt. a (Restatement of Trusts) reads, in part,:
It follows from the nature of the trust relationship that the trustee stands in a fiduciary relationship with respect to the beneficiaries as to all matters within the scope of the trust relationship, that is, all matters involving the administration of the trust and its property. The duty of loyalty is, for trustees, particularly strict even by comparison to the standards of other fiduciary relationships.
- See more at: http://www.mitchell-attorneys.com/l...t-and-financial-matters/#sthash.K8WtuGFV.dpuf
One more time, butthead. You made a simple declarative statement that the endowment was doing better than it ever has. I challenged that with numbers and then you proceeded to demonstrate that you were out of your depth on the subject. Most reasonable people would have conceded their error and left it at that. But not you. And why not? Because you have much more invested in that, because you want to believe that the leadership in place is competent and will lead PSU to the Promised Land. But because I haven't found the True Religion that you have and immediately shout "hosanna, hosanna!" then I must be someone who wants PSU to burn.
The reality is that I truly want to stand up and applaud, but I'm not a mindless dildo like you. I'll cheer when there is something to cheer, not because you and the Prairie Gopher say that I should.
I really hope you're not a God fearin
I think you 'conveniently' forget how the bot was fueling the narrative even before Paterno was fired.
Well, every bot member who has had to give a deposition swears they didn't fire Paterno for any wrong doing.
The bot members who already gave depositions already testified to that. Oops.
I don't think accurate is a word you are using accurately.
You are acting like I am being intellectually dishonest. The truth of the matter is that 2011 was an outlier for gifts to the endowment. As you will notice from this graph, the last three years have been better than years outside of 2011.
Again, my point was perfectly valid and correct.
Only if you can certify you are suffering the same organic brain damage or intoxication that CDW is. BTW, do NOT try this at home.Can I get CLE credit for this??
You are acting like I am being intellectually dishonest. The truth of the matter is that 2011 was an outlier for gifts to the endowment. As you will notice from this graph, the last three years have been better than years outside of 2011.
Again, my point was perfectly valid and correct.
So 2011 doesn't count as either "better" or "ever?" I'm sure ol' Massa Barron is pleased that you have his back.
Barron as the Prairie Gopher....hilarious. The resemblance is striking.
I was thinking of Punxsutawney Phil as a comp, but the groundhog has done way more for the Commonwealth than the current PSU Prez
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