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Ohio State's Maurice Clarett Sues NFL
ABC/ESPN Breaking News ^ | September 23, 2003 | staff writer

Posted on 09/23/2003 11:16:45 AM PDT by rftc

Suspended Ohio State tailback Maurice Clarett sued the National Football League today in an historic attempt to gain entry into the league.

Under the current rules, Clarett is not eligible for entry until 2005.


TOPICS: Breaking News; Business/Economy; Culture/Society; News/Current Events; US: Ohio
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To: SengirV
They are refusing a grown man the right to earn a living.

He's not guaranteed to be drafted if he was eligible...so I don't understand that argument.
221 posted on 09/23/2003 4:54:35 PM PDT by dixierose (American by birth, Southern by the Grace of God)
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To: j_k_l
“Character Does Not Matter”. Why else would any player get drafted from the Florida Colleges?

LOL...as a loyal DAWG fan...I second that reply!!!
222 posted on 09/23/2003 5:01:12 PM PDT by dixierose (American by birth, Southern by the Grace of God)
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To: litany_of_lies
If any NFL team really WANTED him THAT bad...would he even have to sue??? Wouldn't the teams be pulling teeth to try to get the rules changed so that they could draft him?? It doesn't look like the owners are too thrilled to have him (or any young, unexperienced players) to me. You can argue that the NCAA is nothing but a "free" farm system for the owners, but, I believe that if the teams really wanted these guys out of high school, they could petition the NFL themselves to get the rules changed. They already go after college juniors as soon as they can, so wouldn't it also seem logical that if they wanted high school seniors they could "change" the rules to do so? I understand that that would (may?) cause changes to the CBA, but that happens all the time...and is that a change the players would object to? I don't know, but it would be interesting to see...I just wouldn't want to see another strike year out of it.
223 posted on 09/23/2003 5:10:58 PM PDT by dixierose (American by birth, Southern by the Grace of God)
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To: dixierose
He's not guaranteed to be drafted if he was eligible...so I don't understand that argument.

Becasue the NFL( already been found in court to be a monopoly) is FORBIDDING him to have the chance. No one is going to argue that he would not be drafted. No one is going to argue that he would not make an NFL roster. The only arguement the NFL can use is that they have the right to prevent a grown man to earn a living as a player, when he OBVIOUSLY would be a player if this artificially placed barrier did not exist.

224 posted on 09/23/2003 5:13:40 PM PDT by SengirV
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To: SengirV
OBVIOUSLY...til he gets injured....or just doesn't make the grade and sits the bench...then who will he sue?
225 posted on 09/23/2003 5:17:00 PM PDT by dixierose (American by birth, Southern by the Grace of God)
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To: rftc
The rule Clarett is trying to get thrown out also has a medical basis. It has to do with the spinal development. When younger men play against 24-27 yr olds in top physical shape, they have a greater chance of getting Darryl Stinglied.

If I were the NFL, I'd be really hard-core about it and make him sign a waiver saying that if his neck snapped, the expenses come out of his own pocket. If he assumes the risk, God bless him and suit him up.
226 posted on 09/23/2003 5:28:33 PM PDT by .cnI redruM (Success will not come to you. You go to success.)
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To: dixierose
OBVIOUSLY...til he gets injured....or just doesn't make the grade and sits the bench...then who will he sue?

So you are NOW saying that he would make a team, injured or not. But a grown man is not allowed to do such by the NFL. You are making my arguement for me.

Want some syrup with that waffle?

227 posted on 09/23/2003 6:01:52 PM PDT by SengirV
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To: trad_anglican
Dear Smells'n'Bells, Young Maurice of the iffy shoulder would last about 5 sec, or one running play in the NFL. He needs to play with children his own age for a bit longer.

Also, a bit of book learning certainly couldn't hurt. There is absolutely no truth to the rumor that he is being scouted for Bowdoin.

228 posted on 09/23/2003 6:05:19 PM PDT by Kenny Bunk
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To: bigfootbob
Two words. Lawrence Phillips...JFK
229 posted on 09/23/2003 6:10:47 PM PDT by BADROTOFINGER (Life sucks. Get a helmet.)
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To: triplejake
I don't see the teams of the NFL as competing employers. They are more like competing supervisors. The employer is the NFL.
230 posted on 09/23/2003 6:40:17 PM PDT by daveoverpar
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To: rftc; Bikers4Bush; r9etb; KevinDavis; Bogey78O; discostu; trad_anglican; mhking; rintense; ...
I would be interested to get a lawyer's take on this case, but after discussing this on a different thread last week there are a few things that I think are worth noting:

1. In my opinion, the NFL's "three years out of high school" regulation cannot stand up under legal scrutiny. The problem here is that the regulation does not accurately correlate to any rationale they might present (the safety of a young player, for example). If a young kid misses two years of school due to illness or something like that (or because he is just not very smart at all), then he may be finishing high school at the age of 19. According to the NFL's rules, this kid would not be able to play in the NFL until he is 22 years old, which is two years later than other "normal" players would be eligible. Conversely, a bright young kid who was somehow able to finish high school by the age of 12 would be eligible to play in the NFL at the age of 15.

2. Any terms of the league's collective bargaining agreement would be irrelevant in this case, since the CBA clearly cannot apply to players who are not members of the NFL Players' Association.

3. There are actually two separate issues here, related to the same case -- a.) whether the NFL's restrictions represent restraint of trade from Clarett's perspective, and b.) whether the NFL's restrictions represent a restraint of trade from any one team's perspective. Clarett's best legal strategy here is to make the case that an individual NFL team should at least have the option to draft him.

4. In this case, the NFL should not be considered an "employer" in any sense. Individual teams are employers -- the league itself is not. The only evidence you would need to confirm this would be a player's income tax return. The teams themselves pay the players, as well as any of the costs associated with paying them (FICA taxes and other payroll taxes, for example). The NFL isn't exactly a "franchise" company like McDonald's, either -- it actually functions more like a "pro football cartel" than anything else.

5. Anyone who is certain that the U.S. courts would side with the NFL in this case should go back and do some research on the infamous "collusion" case involving a bunch of Major League Baseball players in the 1980s who successfully sued MLB on the grounds that a group of owners conspired to refuse to tend offers to them when they were free agents. Interestingly, this represents an interesting potential future legal action against the NFL if Clarett is actually declared eligible for the draft but is not selected.

6. Regarding #5, he would never go undrafted anyway -- Al Davis would select him.

231 posted on 09/23/2003 7:14:51 PM PDT by Alberta's Child ("To freedom, Alberta, horses . . . and women!")
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To: rftc
The NFL has been using the NCAA as its private, cost free farm system. I hope Clarett wins. There is no reason why an 18 year old who can fight and die for his country cannot also earn a living in the NFL. Forcing people to attend college before they can play in the NFL is a farce.
232 posted on 09/23/2003 7:31:10 PM PDT by kabar
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To: KevinDavis
Sorry the NFL is a private organization and they can set the rules in who to take and not to take

They are also a collection of individual businesses operating as a monopoly and unlike baseball, they have no antitrust exemption. Clarett will win this one.

233 posted on 09/23/2003 7:52:19 PM PDT by staytrue
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To: KevinDavis
Sorry the NFL is a private organization and they can set the rules in who to take and not to take.

Semi private. they became so when TAX dollors were used to build the many stadiums across this land.

234 posted on 09/23/2003 9:04:23 PM PDT by Newbomb Turk
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To: Rad_J
There is an early Social Security program..
235 posted on 09/24/2003 5:53:53 AM PDT by rftc
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To: Bikers4Bush
The league has the right to establish minimum requirements.

Why does the NFL have the right to illegally restrain trade in a way no other business is alllowed to do. Why are all of the employers in the NFL allowed to make rules that other groups of employees are not allowed to make. All of the banks couldn't agree to only hire people who are X age, and all agree to pay a minimum of X. Why should we allow the NFL to operate under special rules?

236 posted on 09/24/2003 5:58:02 AM PDT by TheOtherOne
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To: ContemptofCourt
I agree with you. The NFL doesn't really have a leg to stand on. Acceptance into the league should be based on ability, not age. Having said that, I don't see too many NFL teams drafting high school players. There is a huge jump from high school to NFL.
237 posted on 09/24/2003 6:02:12 AM PDT by Trust but Verify (Will work for W)
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To: rftc
Tere is an early Social Security program..

Yes, I did say there were exceptions in SS. The NFL should have exceptions also and they can make one for Clarett if they want. But, they should not be forced to change their own rules and have to make the exception the rule. If the NFL is forced to not have a minimum age requirement, then the government should not have a minimum age requirement either. Is the government the only American institution that is allowed to have minimum age requirements? Either they are legal or they are not. The government should not be above the law.

238 posted on 09/24/2003 6:13:52 AM PDT by Rad_J
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To: rftc
I meant 'as a legal adult of 18 years of age' he should have the right to play in the NFL.

Suppose for a minute that you as an 18 year old want to earn a living as an electrician. You have studied electronics all your life, played around with wiring, etc. and you are better at wiring schematics than any other 18 year-old, or even 25 year-old electrician for that matter. The only problem is: all of the construction firms, builders, maintenance companies, etc. that hire electricians are required to deal only with certified, union electricians and you don't have your union card. Furthermore, to get a union card requires a two-year apprenticeship and then a one-year internship, so you can't get a job as a fully certified electrician for three years. It has nothing to do with your rights and has everything to do with entry requirements.

As long as he passes the physical and drug tests just like any other athlete..

AND as long as he meets the eligibility requirement of THREE YEARS OUT OF HIGH SCHOOL "julst like any other athlete."

239 posted on 09/24/2003 6:15:47 AM PDT by VRWCmember
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To: VRWCmember
Does Maurice need a certificate to play in the Arena Football League?
240 posted on 09/24/2003 6:17:46 AM PDT by rftc
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