Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Judge Rules in Favor of Clarett
Bucknuts.com ^ | 2/5/2004 | By Bucknuts.com Staff

Posted on 02/05/2004 10:11:42 AM PST by smith288

Maurice Clarett (Getty Images)
Maurice Clarett (Getty Images)
Judge Rules In Favor Of Clarett
By Bucknuts.com Staff  
Date: Feb 5, 2004

U.S. District Judge Shira A. Scheindlin has ruled that the NFL Draft rule regarding early entry violates anti-trust laws and has ordered the NFL to allow Maurice Clarett into this year's NFL draft.

The AP reports that U.S. District Judge Shira A. Scheindlin has ruled in favor of Maurice Clarett in his case against the NFL and that the NFL must allow him to enter this year's draft.

Clarett brought a suit against the NFL, asking that its rule requiring a player to have spent three seasons out of high school before becoming eligible to enter the draft be overturned. U.S. District Judge Shira A. Scheindlin ruled in favor of Clarett, stating "The NFL has not justified Clarett's exclusion by demonstrating that the rule enhances competition. Indeed, Clarett has alleged the very type of injury -- a complete bar to entry into the market for this services -- that the antitrust laws are designed to prevent."

The 20-year-old Clarett was the subject of an ESPN.com expose on Wednesday for his ties to a known gambler, Warren, Ohio, caterer Bobby Dellumuti, who also provided Clarett with illegal extra benefits. Those benefits, reportedly totaling $3,800, as well as his lies to NCAA investigators led Ohio State and the NCAA to suspend Clarett, a preseason Heisman Trophy favorite, for the 2003 season.

He now faces a decision on whether to formally enter his name in the 2004 draft. All indications are he will do that, although he maintained several times during the legal process his desire to return to OSU this season. For him to return, OSU would need to petition the NCAA on his behalf. There are no certainties he would regain full eligibility, either.

Clarett sued the NFL last summer to challenge a league rule that a player must be out of high school three years for draft eligibility. The judge's ruling, if it is not successfully appealed, could allow teen-age football stars to take advantage of the marketing and business opportunities available to young athletes in other sports.

In trying to maintain the status quo, the NFL argued that Clarett should not be eligible because its rule resulted from a collective bargaining agreement with the players. Hence, the rule is immune from antitrust scrutiny, because Clarett cannot bring such a lawsuit and because its rule is reasonable.

"While, ordinarily, the best offense is a good defense, none of these defenses hold the line," the judge opined in a 70-page ruling.

Scheindlin sided with Clarett because he was fighting a policy that excludes all players in his position from selling their services to the only viable buyer, the NFL.

The judge said that "age is obviously a poor proxy for NFL-readiness, as is restriction based solely on height or weight."

The NFL was preparing a statement to respond to the ruling. It was unclear if and when the league would initiate appeals proceedings. It was also unclear what impact such appeals may have on Clarett's ability to enter this year's draft.

John Langel, a lawyer for Clarett, told the AP he was "obvious pleased" and praised the ruling as "incredibly well written and thorough and touching on all issues the parties addressed."

Clarett rushed for 1,237 yards and led Ohio State to a national championship as a freshman in 2002.




TOPICS: Breaking News; Culture/Society; News/Current Events; US: Ohio
KEYWORDS: buckeyes; clarett; nfl; ohiostate; osu
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 next last
To: Lost Highway
I think the NFL likes the college football system since it provides a free minor leagues to help screen talent for them. I think this screening is more important in football than basketball, because it provides proof about a young player's ability to take a beating and to handle resposibility.

Claret's brief college experience has proven that he can neither take a beating nor handle responsibility. Despite this ruling he should stay at OSU and try to change this impression.
21 posted on 02/05/2004 10:31:58 AM PST by Gaetano
[ Post Reply | Private Reply | To 7 | View Replies]

To: Lost Highway
I just don't understand why the NFL wants this rule. Why don't they let the freedom of competition decide wether someone is able to play in the NFL.

It's sort of the apprentice/journeyman/master setup that has sadly disappeared from society. They didn't necessarily want players with the most raw talent, but seasoned and mature players who have learned to play on a team at two separate levels. This lowering of the bar to entry could be one source of all of the problems and indiscretions we've been having with athletes in recent years.

22 posted on 02/05/2004 10:33:21 AM PST by antiRepublicrat
[ Post Reply | Private Reply | To 7 | View Replies]

To: connectthedots
Whether this decision is best for the NFL or college footbal is not the point; Clarett's rights are.

Is the entire concept of having a draft even legal? Shouldn't a player have the right to sign with whatever team he wants (provided they want him), instead of having his employer dictated to him by the league?

23 posted on 02/05/2004 10:36:44 AM PST by BlackRazor
[ Post Reply | Private Reply | To 17 | View Replies]

To: smith288
uhh, 'cuz they don't want to mess up the minor leagues, er, I mean the Div 1 colleges.
24 posted on 02/05/2004 10:37:11 AM PST by dmz
[ Post Reply | Private Reply | To 6 | View Replies]

To: writer33
It's not going to ruin the NFL since the NFL, unlike the NBA, is not saddled with guaranteed contracts of players who either haven't shown they can play or players who prime is long past. In the NFL at least the teams have the ability to cut nonperformers and not have to pay them. Player wannabes are going to have to think a lot harder about coming out early because nothing is guaranteed. In the NBA, you fool a team into drafting your unprepared butt in the 1st rd and they hand you a massive guaranteed 7yr contract so you're set for life.
25 posted on 02/05/2004 10:39:26 AM PST by Jedi Master Yoda (Try not. Do. Or do not. There is no try.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: gdani
You're right. BBall is so much more interesting than it was when Moses entered the league.
You got guys who don't even understand how to beat a trap listed as top guys in the league.
I'm a Sixers fans and even with AI's year (or two) at Georgetown, I really don't think he's that smart about the game. Lord knows Larry Brown tried.

The game stinks.
As it is, I can barely deal with the NFL and all of the timeouts and rules that slow down the game. Getting a bunch of ignorant kids out there isn't going to make it move quicker. Guaranteed.

For every dude on your list, there's at least 3 who shouldn't have been drafted. And every one of those players would've been even better if they had gone to school first.
Heck, make college ball semi-pro like it practically is, that's cool.
But don't draft and sell kids and tell me they're professionals. They ain't.
26 posted on 02/05/2004 10:40:56 AM PST by dyed_in_the_wool ("For diplomacy to be effective, words must be credible" - GWB)
[ Post Reply | Private Reply | To 16 | View Replies]

To: antiRepublicrat
One trend I have noticed (especially in the QB position) is that the NFL has been using the Arena and World league as "Class AAA" farm teams. The right amount of seasoning for a rookie with little or no pressure is achieved. Look at the progress and success of Delhomme and the Rams QB, both arena and world league products. I don't see this as an opening of the floodgates for players to come out early, as the teams are worried about another Ryan Leaf or Brain Bosworth.
27 posted on 02/05/2004 10:42:51 AM PST by cport
[ Post Reply | Private Reply | To 22 | View Replies]

To: Jedi Master Yoda
I hope the NFL doesn't draft him. Send up to Canada to grow a little manhood first.
28 posted on 02/05/2004 10:43:54 AM PST by writer33 (The U.S. Constitution defines a Conservative)
[ Post Reply | Private Reply | To 25 | View Replies]

To: gdani
Oh, he will be drafted early, you can count on that. Someone will make that mistake, and when he's beaten into the ground by players who are bigger, stronger, and faster, maybe they will learn, but probably not.
The thing is, every NFL player I've seen quoted on this issue has said that college is essential in order to gain the necessary strength and speed to compete in the NFL.
If anything, Clarett is going get hurt really bad really fast.
29 posted on 02/05/2004 10:46:18 AM PST by vikk
[ Post Reply | Private Reply | To 14 | View Replies]

To: dmz
There is a minor league, its called the EFL (Euroweenie football league) and many talented players went there and are now successful NFL stars.
30 posted on 02/05/2004 10:47:22 AM PST by smith288 (If terrorist hate George W. Bush, then he has my vote!)
[ Post Reply | Private Reply | To 24 | View Replies]

To: vikk
Someone will make that mistake, and when he's beaten into the ground by players who are bigger, stronger, and faster, maybe they will learn, but probably not.

NFL player sizes wont matter as Clarett is as big, strong and as fast as NFL players. But he is a tad flimsy on the toughness side. Smaller people will hurt him before anyone bigger will. He is that fragile.

31 posted on 02/05/2004 10:49:23 AM PST by smith288 (If terrorist hate George W. Bush, then he has my vote!)
[ Post Reply | Private Reply | To 29 | View Replies]

To: dyed_in_the_wool
It will definitely hurt college football and every other NCAA sport. The big time programs make huge amounts of money on football which essentially pay for all the other programs that otherwise couldn't exist (especially the womens' programs). It is one big can of worms that this judge just opened.
32 posted on 02/05/2004 10:51:38 AM PST by katana
[ Post Reply | Private Reply | To 4 | View Replies]

To: smith288
and what % of current rosters came directly from college as opposed the NFL Europe.

My sense is that college is way out in front, but I honestly do not know.
33 posted on 02/05/2004 10:54:08 AM PST by dmz
[ Post Reply | Private Reply | To 30 | View Replies]

To: Petronski
and I don't think the CFL is a viable alternative.

Does the CFL pay their players? If so then they are a viable alternative. If they aren't then I'm going to sue to get paid 10 times what Imake now doing the same exact thing

34 posted on 02/05/2004 10:55:32 AM PST by John O (God Save America (Please))
[ Post Reply | Private Reply | To 5 | View Replies]

To: PackerBoy
and will be injured before the regular 2004 NFL season starts.

Very badly, during training camp, as soon as the older, bigger guys who's place (and money) he's trying to take get a chance to hit him.

35 posted on 02/05/2004 10:57:22 AM PST by John O (God Save America (Please))
[ Post Reply | Private Reply | To 12 | View Replies]

To: smith288
Too bad for the NFL. It's had its troubles, but it aint seen nothing yet! My fearless prediction is that we will see many youths who are dysfunctional who will go to the NFL and two things will happen. First: they will have lots of legal problems. Second: Because of their youth, they will physically break down faster than someone who has survived four years of college. Another sport soon to go the way of the NBA.
36 posted on 02/05/2004 10:57:57 AM PST by Enterprise ("You sit down. You had your say. Now I'm going to have my say.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: John O
True. If I were an older player competing with someone barely out of high school who was trying to take my position, and my PAYCHECK, I would cripple him!
37 posted on 02/05/2004 11:00:33 AM PST by Enterprise ("You sit down. You had your say. Now I'm going to have my say.")
[ Post Reply | Private Reply | To 35 | View Replies]

To: connectthedots
Whether this decision is best for the NFL or college footbal is not the point; Clarett's rights are

And how are his rights being violated by being denied a job that he's not qualified for? The rules are the rules. If they let him play then they also have to let 20 year olds be elected president. Same deal. He's not old enough (mature) yet for that game.

(Recognize that not all Calvinists will be Christians in glory.

And there's absolutely nothing they can do about it either according to Calvinist thought)

38 posted on 02/05/2004 11:00:57 AM PST by John O (God Save America (Please))
[ Post Reply | Private Reply | To 17 | View Replies]

To: PackerBoy
1. This will have little impact on the NCAA or NFL, as most players will still want to maximize their value in the draft by waiting until after their junior year to go pro.


I wonder if it might start to reduce the farcical "scholar athlete" model in some colleges. Then again, college basketball is filled with non-students, so who knows.
39 posted on 02/05/2004 11:01:02 AM PST by Atlas Sneezed (Your Friendly Freeper Patent Attorney)
[ Post Reply | Private Reply | To 12 | View Replies]

To: katana
I had forgotten about that angle. College football will be degraded too!
40 posted on 02/05/2004 11:01:59 AM PST by Enterprise ("You sit down. You had your say. Now I'm going to have my say.")
[ Post Reply | Private Reply | To 32 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson