Clarett Ruling

Southpaw

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Associated Press
LOS ANGELES -- Commissioner David Stern said the NBA has reviewed the Maurice Clarett decision and is convinced the ruling won't stand.

"The Maurice Clarett decision was wrongly decided, as a matter of law, and will likely be reversed on appeal," Stern said in his annual state of the union Sunday before the All-Star Game.

Stern said the league's lawyers studied the decision to determine if it could have an impact on the NBA. They are convinced it doesn't apply. Stern doesn't believe the NFL needs to be concerned, either.

"It's a very long story that I don't want to bore you with it," Stern said. "Afterwards, I'll go through the intersection of the labor and antitrust laws and the sort of uniform history on cases like this in the Second Circuit, where that case was decided, and the United States Supreme Court. We think the judge's decision will be reversed."

Translation: Since the NFL and its Players Association established a requirement for early entry through collective bargaining, antitrust laws don't apply.

There you go. Ya don't mess with Stern & Taggs.;)
 

kerouac9

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I posted on a different thread Gregg Easterbrook's reading of the ruling. The judge was very wrong on this one. Clarett will get in, but it's a one-year window.

Her findings were founded on wrong assumptions.
 
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Originally posted by kerouac9
I posted on a different thread Gregg Easterbrook's reading of the ruling. The judge was very wrong on this one. Clarett will get in, but it's a one-year window.

Her findings were founded on wrong assumptions.

Prior to Ms. Judge's ruling, the Pro Leagues have basically been exempted from anti trust legislation as a special exemption privelege. The NFLs view is that all interested parties agreed to a mutual exemption. I don't think that Clarett's entry, in particular , offends the NFL as a one time exclusion and example. I am convinced the NFL wouldn't mind Clarrett coming in and not having a glamorous career.

This whole Clarett episode reminded me of a High School player who jumped to Pro Ball from High School ( essentially). His name finally came back to me as a Brain Fart. Marcus Dupree

If anyone cares to read about this parallel set of circumstances see http://espn.go.com/nfl/columns/dupree/1518441.html

He basically was a USFL bust. Makes for an interesting comparison. At least to me, it does, and I see way too many similarities for Clarrett. Maybe he should read it.;)
 

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Originally posted by wallyburger
Prior to Ms. Judge's ruling, the Pro Leagues have basically been exempted from anti trust legislation as a special exemption privelege.

this is not exactly correct. the leon woods case back in the 70s (i believe) crushed the nba's ability to maintain any illusion of an exemption. and it's not an exemption that's kept the nfl insulated from the high schoolers, but rather, the cbas and the lack of any serious high schooler/underclassman challenges to the draft.

only baseball has an actual congressional exemption, and that is constantly under legal attack. there is no legal reason for its existence. in fact, congress invariably relies on the "history of the pasttime" in order to maintain it.

i have not read the court's opinion in the clarett case, so it is possible that the judge based her opinion on faulty logic, and the case may be overturned. however, if the case is properly argued, and a competent court rules on the issue, the nfl's actions will undoubtedly be found a violation of the Sherman Act and antitrust laws and underclassmen will be allowed into the draft.
 

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Gregg Easterbrook's Take on the situation

Ouchie -

Easterbrook is a fellow at the Brooking's Institution and an generally smart guy. This is from his blog for The New Republic:

MAURICE CLARETT'S "VICTORY": Why shouldn't a 19-year-old be allowed to be an airline pilot--how dare the airlines keep 19-year-olds out of the cockpit? Numerous professions require minimum age, possession of degrees or minimum years of training experience for entry. Judges don't order airlines to allow 19-year-olds at the controls, even though age and experience rules clearly place restraints on the bargaining power of 19-year-old aspiring pilots. But then--judges fly on planes, so they don't want them to crash. Federal judge Shira Scheindlin, who yesterday ordered the NFL draft open to anyone regardless of age, knows that if the NFL crashes that won't affect her.

Scheindlin's poorly reasoned order will be appealed, but if it somehow ends up standing, she will accomplish a trifecta: she'll harm pro football, she'll harm college football, and she'll screw over huge numbers of young athletes, most of them African American. Quite a day's work!

First, harming the pros. Why has the National Basketball Association, the hot rising sport in the 1980s through early 1990s, been in free-fall for a decade--plummeting ratings, declining attendance, last year's finals the least-watched ever in prime-time? Because about a decade ago, the NBA began admitting teenagers en masse. Since then quality of play has fallen sharply. Today most NBA games are simply crummy games, and some are so poorly played they make you want to cover your eyes. Players who go directly from high school to the pros, as is suddenly common in the NBA, lack training in fundamentals. They won't listen to coaches, having been handed multi-million-dollar guaranteed no-cut contracts when much too young to appreciate their responsibility to keep the business successful and the revenue flowing. They launch crazy off-balance shots, refuse to do anything but go one-on-one, and endlessly try to mega-dunk like in the shoe commercials--but they miss ten shots for every one mega-dunk that succeeds. When the NBA began tapping high school, league management thought fans would be too stupid to notice the decline in quality of play. But everybody has noticed, which is why the NBA's popularity is falling.

Maintaining high quality is the NFL's legitimate reason for keeping out kids. The NFL continues to be the number-one sport by every measure--attendance, ratings, you name it--foremost because quality of play is so high. Judge Scheindlin's decision dismisses quality of play as irrelevant: "The NFL has not justified [Maurice] Clarett's exclusion by demonstrating that the [draft age] rule enhances competition." But Scheindlin seems to assume all football players perform exactly the same, and this is just an argument over who grabs the cash. As the decline of the NBA demonstrates, young players in some sports perform at a significantly lower level of quality. Yes, there are some 16-year-old tennis stars or ice skaters who are terrific; but they're not playing team sports. Performance in team sports requires maturity, which in this context usually means the early twenties. Football is also the most complex of sports; it simply takes longer to learn. Would a judge tell IBM that it can't require software designers to have engineering degrees because this creates a barrier against those too young to have yet graduated from college? Come on.

And the NFL is one single business entity, creating one product: its season. Scheindlin's order is written as if pro football were an open marketplace of multiple independent businesses--anyone could field a team and challenge the Packers to a game, the way anyone can market a chewing gum and challenge Wrigley. But a pro sports league is a single business entity with multiple divisions. In the case of the NFL, the league is a business entity with 32 divisions, all having a shared interest in keeping product quality high. Anti-trust law, called on in Scheindlin's decision, binds General Motors when it competes against Ford. But the Rams aren't competing with the Steelers in that same way--the Rams aren't trying to put the Steelers out of business, nor are they trying to win over the Steelers' customers. In fact, the Rams and all other NFL teams strongly desire that the Steelers and all other NFL teams stay in business, which is why NFL teams equally share television revenues, their main source of income. Scheindlin's decision treats the NFL as 32 separate businesses; she just doesn't understand sports economics.

Next, if the judge has her way, what will happen at the collegiate level? Quality of play will be harmed there too, as athletes who might have become college stars instead jump to the pros to become benchwarmers. Think about the high-school basketball players who became nobodies in the NBA but could have been stars in college. Three years ago, the Washington Wizards used the NBA's number-one draft pick on high-school kid Kwame Brown. He has gone on to be an embarrassingly awful NBA performer: seven feet tall, incredible athletic talent, and he's a terrible player because he never learned fundamentals in college and couldn't handle the pro pressure. If Brown had gone to college, right now he'd be a junior at Duke or Michigan or Auburn, an All-American playing magnificently, going to class at least occasionally, bathing in high self-esteem; then, in the pros, he'd be confident, skilled, and successful. Instead, entering the NBA too soon, Kwame Brown became just another interchangeable nobody. When Brown's guaranteed rookie contract ends, most likely he will quietly drift out of the league. Then, having no education, he will...?

Which leads us to how Scheindlin's decision shafts athletes themselves. High-school kids in the NBA are in the process of killing the goose that laid the golden eggs. With NBA quality declining and revenues declining, payments to NBA players will inevitably decline; meanwhile, those who jump straight to the pros are missing their chance to gain at least some college education.

The NFL is better managed than the NBA, and so may simply ignore most too-young players. But to the extent any significant number join the league, quality will decline and the goose that lays the golden egg will be harmed. Meanwhile 18- and 19-year-olds, who all think they're the next Barry Sanders, will declare for the draft and not get picked, or be waived after a year on special teams, and then discover they have lost their chance at a free college education.

And please, don't tell me that the draft-age rule is some kind of conspiracy against African Americans because the suits running the leagues are uncomfortable with the thought of rich young black men. Since the majority of NFL players are African American, any 19-year-old black man who enters the league is likely only to displace a 27-year-old black man. Net monies paid to African Americans males will remain the same. The NFL players' union opposes allowing kids into the NFL in part on the worry that in the long term, kids will cause net monies paid to African American players to decline, by killing the goose that lays the golden egg.

As for Maurice Clarett himself--if you were an NFL coach, would you draft this jerk? He hasn't played in more than a year. He's a me-first head-case who spends all his time demanding special privileges; now he's surrounded by a retinue of assorted hucksters demanding that they be paid off; at Ohio State they wanted him to leave because Clarett's selfishness had such a corrosive effect on team chemistry. Now, lots of kids fresh from high school are me-first and immature, and gradually grow out of it. That's why a few years in college is in the interest of the player--another basic thing Judge Scheindlin doesn't understand. If Clarett went back to school and matured, he'd end up a number-one draft choice. If he's in the draft this year there's no way he will go that high, assuming anyone wants him at all. Then the retinue of hucksters will scream lawsuit again. But when I look at Maurice Clarett, I see Kwame Brown.
 

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I am not a lawyer but I agree completely with Ouchie.

What the NFL was doing all along was illegal. Sure enough, on first challenge, the NFL lost.

The landscape has changed forever but the NFL will waste millions fighting the inevitable and losing again.
 
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Southpaw

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Originally posted by Ouchie-Z-Clown
this is not exactly correct. the leon woods case back in the 70s (i believe) crushed the nba's ability to maintain any illusion of an exemption. and it's not an exemption that's kept the nfl insulated from the high schoolers, but rather, the cbas and the lack of any serious high schooler/underclassman challenges to the draft.

only baseball has an actual congressional exemption, and that is constantly under legal attack. there is no legal reason for its existence. in fact, congress invariably relies on the "history of the pasttime" in order to maintain it.

i have not read the court's opinion in the clarett case, so it is possible that the judge based her opinion on faulty logic, and the case may be overturned. however, if the case is properly argued, and a competent court rules on the issue, the nfl's actions will undoubtedly be found a violation of the Sherman Act and antitrust laws and underclassmen will be allowed into the draft.

I understand the difference between the sports leagues agreements. The NFL is different in that the Player's Association and the NFL Ownership Council agreed on the terms, so there is no disparaged side. Clarett would be challenging the NFL without the Player's Association backing. Under the current agreement it is agreed that no player would be draft eligible until his High School graduating class is 3 years removed. Taggs and the boys don't pay the big bucks attorney's fees to lose these advantages. The statement has often been made that Gene Upshaw sold the Players Ass'n. down the river by getting the worst agreement for any Pro Sports Union. The irony is that the NFL is probably the healthiest Ass'n. in the environment of pro sports with all of the teams in the black and players making very good money with huge pensions. Don't rock the boat. :cool:

P.S. I think it would be improbable for Mo to play as a non union free agent in the NFL. So if he signs a standard contract he would be bound by the agreement between the 2 sides.
 

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Re: Gregg Easterbrook's Take on the situation

Originally posted by kerouac9
Ouchie -

Easterbrook is a fellow at the Brooking's Institution and an generally smart guy. This is from his blog for The New Republic:

well, to be quite honest, i don't know who easterbrook is, and i won't question the individual's intellectual credentials, but what i said is not based on logic or reason, but rather, legal precedent.

i'm an attorney. i took a sports law class waaaaay back in the day. the majority of the class was actually focused on this particular issue. easterbrook's blog would have been a much more compulsive tirade if the woods decision was addressed and effectively argued against. unfortunately easterbrook made arguments, not based on law, but rather on intellect. and yes, i realize what i'm saying is that law and intellect do not necessarily inter-relate. what can i say, i'm a self-realizing attorney.

the nfl may win an appeal based on LEGAL grounds (as i said before, i haven't read the decision), but when the issue resurfaces they will eventually lose. and, to be honest, i do not think the nfl will appeal this decision. for what it's worth, i believe that prior to becoming commish, tags was the league's antitrust attorney. his actions will speak volumes in regards to this situation.
 
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Southpaw

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Re: Re: Gregg Easterbrook's Take on the situation

Originally posted by Ouchie-Z-Clown
well, to be quite honest, i don't know who easterbrook is, and i won't question the individual's intellectual credentials, but what i said is not based on logic or reason, but rather, legal precedent.

i'm an attorney. i took a sports law class waaaaay back in the day. the majority of the class was actually focused on this particular issue. easterbrook's blog would have been a much more compulsive tirade if the woods decision was addressed and effectively argued against. unfortunately easterbrook made arguments, not based on law, but rather on intellect. and yes, i realize what i'm saying is that law and intellect do not necessarily inter-relate. what can i say, i'm a self-realizing attorney.

the nfl may win an appeal based on LEGAL grounds (as i said before, i haven't read the decision), but when the issue resurfaces they will eventually lose. and, to be honest, i do not think the nfl will appeal this decision. for what it's worth, i believe that prior to becoming commish, tags was the league's antitrust attorney. his actions will speak volumes in regards to this situation.

I 've got a Ben Franklin that says NFL wins.:thumbup:
 

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The NBA has it right.They are possibly going to put an age limit to enter the league.That makes alot more sense than arbitrarily saying 3 years out of high school is the minimum.I know they put the 3 year rule in to appease the colleges but when you have some rulings that prep school counts and others challenging what actually counts as a year/season then you leave yourself open to rulings like the one the judge made.Set and age limit of 20 years old before draft day and you eliminate all the gray areas. Then we wouldn't have this mess.
 
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Southpaw

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Originally posted by Cbus cardsfan
The NBA has it right.They are possibly going to put an age limit to enter the league.That makes alot more sense than arbitrarily saying 3 years out of high school is the minimum.I know they put the 3 year rule in to appease the colleges but when you have some rulings that prep school counts and others challenging what actually counts as a year/season then you leave yourself open to rulings like the one the judge made.Set and age limit of 20 years old before draft day and you eliminate all the gray areas. Then we wouldn't have this mess.

Consider that the NBA goes worldwide in its search for players and the US education system does not correspond to the rest of the world. Many European countries end high school at 16.
 

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Re: Re: Re: Gregg Easterbrook's Take on the situation

Originally posted by wallyburger
I 've got a Ben Franklin that says NFL wins.:thumbup:

wins the appeal on the clarett case or any/all challenges to their position?
 

maddogkf

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Originally posted by wallyburger
This whole Clarett episode reminded me of a High School player who jumped to Pro Ball from High School ( essentially). His name finally came back to me as a Brain Fart. Marcus Dupree

Dupree played for a year at OKL so he did not go directly from high school to the USFL.
 

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If the NFL loses on appeal (and I believe they will) the league will adjust. Perhaps with expanded rosters, and two-tier contracts that will allow for player development in either a new minor league, NFL Europe or/and agreements with the CFL.
 

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Re: Re: Gregg Easterbrook's Take on the situation

Originally posted by Ouchie-Z-Clown
well, to be quite honest, i don't know who easterbrook is, and i won't question the individual's intellectual credentials, but what i said is not based on logic or reason, but rather, legal precedent.

i'm an attorney. i took a sports law class waaaaay back in the day. the majority of the class was actually focused on this particular issue. easterbrook's blog would have been a much more compulsive tirade if the woods decision was addressed and effectively argued against. unfortunately easterbrook made arguments, not based on law, but rather on intellect. and yes, i realize what i'm saying is that law and intellect do not necessarily inter-relate. what can i say, i'm a self-realizing attorney.


Spencer Haywood, not Leon Wood(ex player at UA and now an NBA ref).

Haywood's lawsuit created the "hardship rule" for the NBA. He played one year at Juco and one year at Detroit U and then played a year with Denver in the ABA. Then he signed with Seattle in the NBA, one problem, NBA rules said he couldnt' sign with an NBA team because he'd signed before his college class had graduated. Haywood won in court because he was said to be his family's sole means of support and he got a hardship exemption.

For years players coming out early were said to be hardship players.
 

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Re: Re: Re: Gregg Easterbrook's Take on the situation

Originally posted by Russ Smith
Spencer Haywood, not Leon Wood(ex player at UA and now an NBA ref).

Haywood's lawsuit created the "hardship rule" for the NBA. He played one year at Juco and one year at Detroit U and then played a year with Denver in the ABA. Then he signed with Seattle in the NBA, one problem, NBA rules said he couldnt' sign with an NBA team because he'd signed before his college class had graduated. Haywood won in court because he was said to be his family's sole means of support and he got a hardship exemption.

For years players coming out early were said to be hardship players.

while you are correct russ, there was another legal battle involving leon as well. in fact, there were two more cases in addition to these two (but i don't recall the plaintiffs' names). it was the collection of these cases that eventually destroyed the nba's imposition of eligibility limitations.
 

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Re: Re: Re: Re: Gregg Easterbrook's Take on the situation

Originally posted by Ouchie-Z-Clown
while you are correct russ, there was another legal battle involving leon as well. in fact, there were two more cases in addition to these two (but i don't recall the plaintiffs' names). it was the collection of these cases that eventually destroyed the nba's imposition of eligibility limitations.

OK, I found this, is this the one?

Milstein's task is complicated by the fact that the U.S. Court of Appeals for the 2nd Circuit, which would hear any appeal of Scheindlin's ruling, barred an antitrust challenge by Philadelphia 76ers first-round draft pick Leon Wood against the NBA's salary cap in 1997. The 2nd Circuit said the suit was covered by the labor exemption, even though Wood himself was not part of the union when the cap was negotiated. Unlike Wood, however, Clarett has not been drafted -- or even declared eligible for the draft -- so Milstein argues that he is in a fundamentally different position than Wood was.
 
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Southpaw

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Originally posted by maddogkf
Dupree played for a year at OKL so he did not go directly from high school to the USFL.

I knew that, but what I meant was he wanted to go direct from High School, but played 1 yr college ball like Clarrett. Sorry for the slip up. :cheers:
 
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Re: Re: Re: Gregg Easterbrook's Take on the situation

Originally posted by Russ Smith
Spencer Haywood, not Leon Wood(ex player at UA and now an NBA ref).

Haywood's lawsuit created the "hardship rule" for the NBA. He played one year at Juco and one year at Detroit U and then played a year with Denver in the ABA. Then he signed with Seattle in the NBA, one problem, NBA rules said he couldnt' sign with an NBA team because he'd signed before his college class had graduated. Haywood won in court because he was said to be his family's sole means of support and he got a hardship exemption.

For years players coming out early were said to be hardship players.

And the NBA didn't want to lose players to the ABA. The NFL doesn't have that problem of a competing league.
 

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Marcus Dupree....

What a shooting star that guy was. Looked like he was going to be one of the all time greats and then he dropped off the face of the earth.
 

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Originally posted by wallyburger
I knew that, but what I meant was he wanted to go direct from High School, but played 1 yr college ball like Clarrett. Sorry for the slip up. :cheers:

Talk about good timing, I've been making the Clarett to Marcus Dupree comparison for months now. I just this morning ordered "the Courting of Marcus Dupree" by Willie Morris off Amazon.com, heard it's a great book. It was written about his recruitment so it's 20 years old now.

Dupree was the best RB prospect I've ever seen.
 
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