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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: Bikers4Bush
Sorry, 272.
301 posted on 09/24/2003 1:08:29 PM PDT by Bikers4Bush
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To: ContemptofCourt
Milstein told ESPN.com that because the draft eligibility rule is not included in the Collective Bargaining Agreement, and that the rule is not a product of negotiation
between the league and the Players' Association, the NFL's draft eligibility rule is not exempt from antitrust laws. But that seems up for debate. In Brown v. Pro
Football Inc. (1996), eight Supreme Court justices decided that anything that is a mandatory subject of bargaining, which would include the NFL draft or any terms of
employment, are immune from an antitrust attack.
302 posted on 09/24/2003 1:09:43 PM PDT by Bikers4Bush
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To: Bikers4Bush
He took out a million dollar policy on his knees before the game.

That's a very smart thing to do, but I'm quite certain that most college athletes can't afford that kind of thing.

And even with a million dollar insurance policy, he can still make a strong case that he has been "irreparably harmed" by his injury.

303 posted on 09/24/2003 3:01:20 PM PDT by Alberta's Child ("To freedom, Alberta, horses . . . and women!")
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To: Bikers4Bush
Please explain to me how it could possibly be restraint of trade when he has not met the requirements needed to make him eligible . . .

That argument is a non-sequiter, because "the requirements needed to make him eligible" are the issue that is under dispute.

Consider the irrationality of that argument . . .

Justice Department Official: "Mr. Landlord, we've determined that you have engaged in a long-term effort to refuse to rent apartments to minority applicants."

Landlord: "That's preposterous! How can you possibly say that?"

Official: "We've documented 150 cases in the last two years of prospective minority tenants with no criminal records, flawless credit reports, etc. -- all of whom were rejected. This is a clear case of systemic discrimination against minorities."

Landlord: "This apartment building has a written policy of renting only to white applicants. We didn't discriminate against any of those 150 applicants -- We simply turned them down because they didn't meet our written policy!"

304 posted on 09/24/2003 3:09:25 PM PDT by Alberta's Child ("To freedom, Alberta, horses . . . and women!")
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To: rftc
No he does not have to be in class for the lawsuit.

On the other hand, if he wants to keep his NCAA options open, he needs to be in class.

I have heard nothing in Columbus but I doubt he will do the class work and act like a good citizen as reequired under the terms of the suspension. Too much help from Jim Brown, etc. to be a "student-athelete".

305 posted on 09/24/2003 3:14:48 PM PDT by JonH
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To: mhking
I met him. He is a total jerk.
306 posted on 09/24/2003 6:22:03 PM PDT by St. Clair Slim (The Ohio State University; Junior, pre-law)
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To: Alberta's Child
That's all well and good here but this is not a discrimination case.
307 posted on 09/25/2003 6:20:19 AM PDT by Bikers4Bush
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To: Bikers4Bush
That is not the holding of Brown. You should read the case, not a report of the case.
308 posted on 09/25/2003 6:53:59 AM PDT by ContemptofCourt
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To: SengirV
They are refusing a grown man the right to earn a living.

You are another one claiming this. Where do you guys get this idea? Where in the constitution does it say he has the right to earn a living any way he chooses? Go back to DU.

309 posted on 09/25/2003 7:20:17 AM PDT by saminfl
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To: saminfl
They are refusing a grown man the right to earn a living.

You are another one claiming this. Where do you guys get this idea? Where in the constitution does it say he has the right to earn a living any way he chooses? Go back to DU.

You are an idiot. I am not from DU, I have been here for years. The NFL has an age based rule that restricts a player eligibility. I personally think the rule will be found illegal. Do I want it to happen and ruin college/pro football? Hell no.

Now, lets take a look at your statement - "Where in the constitution does it say he has the right to earn a living any way he chooses? Go back to DU." I think that an arbitrary rule that a monopolistic organization(proven in court in the USFL lawsuit) enforces has a damn good chance of not hold up to scrutiny. You are looking at it from the "God's given right to do whatever we want" point of view, where I am looking at it from the "Our constitution that has been screwed up by liberal judges for decades". Just because I can look at something from a different point of view doesn't mean I'm a DU'er - So get bent dimwit.

310 posted on 09/25/2003 7:40:47 AM PDT by SengirV
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To: SengirV
"Where in the constitution does it say he has the right to earn a living any way he chooses? Go back to DU." I think that an arbitrary rule that a monopolistic organization(proven in court in the USFL lawsuit) enforces has a damn good chance of not hold up to scrutiny. You are looking at it from the "God's given right to do whatever we want" point of view, where I am looking at it from the "Our constitution that has been screwed up by liberal judges for decades". Just because I can look at something from a different point of view doesn't mean I'm a DU'er - So get bent dimwit.

You are the one who made the statment that he has the rightto earn a living. In the above paragraph, you apparently try to modify that statment, but you did say that he had the right to earn a living. To me, you were saying that he had the right to earn a living any way he chose. That is typical liberal socialist thinking. That is why I decided you must be from DU. Now, you try to modify your statment and call me a dimwit. Actually, I think you cannot defend your original statement and are using name calling to deflect criticism.

311 posted on 09/25/2003 8:09:02 AM PDT by saminfl
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To: ContemptofCourt
We'll just see how it all goes dwon in court then won't we.
312 posted on 09/25/2003 8:26:16 AM PDT by Bikers4Bush
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To: saminfl
You are the one who started slinging mud by accusing me of being from DU. I can't think of a worse insult. My position is that the courts will say that Clarrett has the right to ATTEMPT to earn a living as a player in the NFL. He DOES NOT have an inalienable right to a position, but I believe he will be given a chance by order of the courts.

I believe the confusion lies in that I am assuming that he would make it on a team in the NFL. Many "pro" analysts believe he would be a first round selection(some say early first round) if he were available in next years draft. So given this assumption, he is being denied the right to work in the NFL. If you do not assume this(like you and others apparently are) then he is being denied the right to attempt to earn a position as a player in the NFL. Is this second statement make more, less, or no difference to your opposition?

Clarrett isn't allowed to seek a position as a player in the NFL. Why not? Safety concerns? No way. Is he too physically small for his own safety? I seem to recall a Cornerback(Mark McMillen??) who played for the Eagles and the Broncos who was something like 5'8" and 160 lbs. So physical size isn't an issue. OK, what about physical maturity? I used to(and would love to be again) study Brazilian Jujitsu. There were some physical conditions you had to meet in order to train. One of them was that you had to be 16 years old, because of the extreem pressure placed on the bodies bones while sparring - The thinking was that it was better to break the bone than to warp it out of shape(since yoounger bones are more malleable). So is Clarrett in undo danger becasue of his young age? Hardly. Mental maturity? Doesn't seem to be a problem for high school kids to walk right onto an NBA court. Didn't Kerry Wood tie the record for strikouts in a 9 inning game at the age of 20? The same age Clarrett would be playing if he were in the 2004 NFL draft? So what is the reason? The reason is that the NFL, NFLPA and NCAA have a nice ting going, and they don't want to give it up.

313 posted on 09/25/2003 12:00:31 PM PDT by SengirV
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