Maurice Clarett's suit against the NFL opens a can of worms not only for the NFL, but also for the NCAA. If Clarett wins his suit and can enter next year's NFL draft, the NFL's rules would become nothing. In the same breath, college football would become like college basketball -- the unknown. College coaches wouldn't know if they were getting a standout player for one year or three years.
he will win. but the problem for him is how NFL teams percieve him. he has already cost himself countless endorsement dollars and probably draft position. i think by doing this he will piss off the NFL who could be a huge help to him. After Ray Lewis' off the field troubles the NFL rallied behind him and heavily marketed him, this rescued his image. if he just wants to play and earn money for his play then he should go ahead and sue. but i believe his time would be better served by taking time to improve as a player and as a person then when he is drafted he can make money from his play and endorsements. or he could just sue and get a good pr guy (i'm sure thats what he will do)
Even if he wins the lawsuit (I don't think he will), he could have grandchildren before it winds its way through the legal system.
I think the bigger question is, if these youngsters are allowed to be eligible for the draft, will any team draft them?
In this day of a hard salary cap, what team can afford to take on a 2 or 3 year project, only to have that player eligible for free-agency about the time they are able to make a solid contribution.
The best any of these kids can hope for is a late round (low $) draft pick or sign as an undrafted free agent and hope to be assigned to NFL Europe.
If a kid really wants to skip college, or behave in a fashion that gets him kicked out (M. Clarett), he ought to play in Arena League or go to Canada. There they can get paid while learning a higher-level game and allowing their bodies time to mature.
VVV
I think the bigger question is, if these youngsters are allowed to be eligible for the draft, will any team draft them?
In this day of a hard salary cap, what team can afford to take on a 2 or 3 year project, only to have that player eligible for free-agency about the time they are able to make a solid contribution.
The best any of these kids can hope for is a late round (low $) draft pick or sign as an undrafted free agent and hope to be assigned to NFL Europe.
If a kid really wants to skip college, or behave in a fashion that gets him kicked out (M. Clarett), he ought to play in Arena League or go to Canada. There they can get paid while learning a higher-level game and allowing their bodies time to mature.
VVV
He will win. I am shocked nobody has sued earlier. Once 18 players are adults and are entiteled to make a living. In any other field this wouldn't even be an issue. Baseball is next, the rule that they must wait til after their Jr year to turn pro once they enter college can't stand up to the legal system either IMHO
Even though I think Maurice Clarett is an idiot, he will easily win his case against the NFL. The only question is how long it will take in the courts. The NFL knew this would happen eventually and they know they don't have a leg to stand on but they will drag it on in the courts as long as they can.
A first week law student could win this case. There are two ways to approach it. The NFL is basically discriminating against Maurice Clarett because of his age. The way the NFL's policy is written, it's an age discrimination issue plain and simple. That's the way he'll win his case. It could also be approached from a "restraint of trade" angle and he'd win that also.
As I said before, I think Maurice Clarett is a clown, but I hope he beats the NFL in court just to piss off Paul Tagliagenius.
A first week law student could win this case. There are two ways to approach it. The NFL is basically discriminating against Maurice Clarett because of his age. The way the NFL's policy is written, it's an age discrimination issue plain and simple. That's the way he'll win his case. It could also be approached from a "restraint of trade" angle and he'd win that also.
As I said before, I think Maurice Clarett is a clown, but I hope he beats the NFL in court just to piss off Paul Tagliagenius.
i think it was wednesday on "PTI" they had on some lawyer who said he helped write the NFls policy on this issue. he said clarett has NO CHANCE at winning this suit. now - i think it was a case of "CYA" and he wanted to stop clarett from suing - because like others - i think clarett wins his suit - but as VVV pointed out - he might win - but by the time a ruling is reached - clarett could be retired. this is like curt flood - he won - and it didn't benefit him - but others down the line.
If there is just one high school player physically capable of playing in the NFL, he should be allowed to compete. Mike Tyson won the heavyweight championship at age 20, so the argument that college underclassmen just aren't developed enough is not true in every case. Most (over 99%) aren't, but a handful are. Those that aren't won't get drafted.
The National Football League (NFL) yesterday won at least a temporary reinstatement of its ban on drafting players who have not been out of high school for three years.
The U.S. Court of Appeals for the Second Circuit stayed a trial court’s ruling that the ban is a violation of antitrust law.
The appeals court ruled that former Ohio State running back Maurice Clarett, who challenged the ban, can not participate in Saturday’s annual draft of college players. The circuit issued the stay within hours of hearing the case argued by lawyers for the NFL and Mr. Clarett yesterday morning.
It did so after being assured by the NFL that, should the circuit decide to uphold the lower court’s ruling and make Mr. Clarett eligible, he and others affected would be eligible in a supplemental draft. However, the court said the NFL "has demonstrated a likelihood of success on the merits."
Any potential harm to Mr. Clarett from the stay is "countermanded" by factors weighing in the NFL’s favor, the court said, and its agreement to hold a supplemental draft if necessary mitigates any harm to him should he ultimately prevail.
http://www.nylawyer.com/news/04/04/042004b.html
The U.S. Court of Appeals for the Second Circuit stayed a trial court’s ruling that the ban is a violation of antitrust law.
The appeals court ruled that former Ohio State running back Maurice Clarett, who challenged the ban, can not participate in Saturday’s annual draft of college players. The circuit issued the stay within hours of hearing the case argued by lawyers for the NFL and Mr. Clarett yesterday morning.
It did so after being assured by the NFL that, should the circuit decide to uphold the lower court’s ruling and make Mr. Clarett eligible, he and others affected would be eligible in a supplemental draft. However, the court said the NFL "has demonstrated a likelihood of success on the merits."
Any potential harm to Mr. Clarett from the stay is "countermanded" by factors weighing in the NFL’s favor, the court said, and its agreement to hold a supplemental draft if necessary mitigates any harm to him should he ultimately prevail.
http://www.nylawyer.com/news/04/04/042004b.html
COLUMBUS, Ohio (AP) — Maurice Clarett filed an emergency appeal with the U.S. Supreme Court on Tuesday to try to force his way into this weekend's NFL draft.
Clarett's attorney, Alan Milstein, asked for a stay of a decision by the 2nd U.S. Circuit Court of Appeals preventing the former Ohio State tailback from entering the draft.
Monday's decision put on hold a lower-court ruling that said the NFL can't force players to wait three years after high school before turning pro.
Justice Ruth Bader Ginsburg will handle the case.
The NFL said Clarett has little chance of success at the Supreme Court.
"There was ample support for the ruling of the 2nd Circuit, which thoroughly considered and completely rejected the arguments that Mr. Clarett's lawyers have presented to the Supreme Court," NFL executive vice president Jeff Pash said.
On Monday, Southern California sophomore receiver Mike Williams filed his own lawsuit in federal court in Manhattan, saying the NFL had issued conflicting statements about eligibility for the draft, thus causing him to sacrifice his college career.
If they wind up being eligible, Williams would be expected to go in the first round of the draft, while Clarett might not be taken until the second or third round.
Clarett argued in Tuesday's filing that the NFL would not suffer any harm if he is allowed in the draft — but he would be harmed if he is blocked.
Clarett led Ohio State to a national title as a freshman, but he was ruled ineligible as a sophomore for accepting money from a family friend and for lying about it to NCAA and university investigators. Williams declared for the draft after a lower court ruled in Clarett's favor.
Clarett, 20 and out of high school two years, would be eligible for the draft next year under the current rule.
He dropped out of classes at Ohio State after the winter quarter, then declined to work out for scouts at the NFL's combine in Indianapolis in February.
U.S. District Court Judge Shira Scheindlin ruled that month that Clarett should be allowed in the draft. She said the rule excluding him violates antitrust law and unjustly blocks a player from pursuing his livelihood.
Ginsburg is a Clinton administration appointee who oversees matters from the New York-based 2nd U.S. Circuit. She could decide on her own whether to intervene or refer the issue to the full court. She could also ask the NFL to file a response.
There is no court deadline for Ginsburg to act on the request, but Clarett's lawyer told her in the filing that if he "is prevented from entering the draft this weekend, he will suffer substantial irreparable injury."
If Ginsburg or the full court turns down the request, the lower court's decision against Clarett stands.
http://www.usatoday.com
Clarett's attorney, Alan Milstein, asked for a stay of a decision by the 2nd U.S. Circuit Court of Appeals preventing the former Ohio State tailback from entering the draft.
Monday's decision put on hold a lower-court ruling that said the NFL can't force players to wait three years after high school before turning pro.
Justice Ruth Bader Ginsburg will handle the case.
The NFL said Clarett has little chance of success at the Supreme Court.
"There was ample support for the ruling of the 2nd Circuit, which thoroughly considered and completely rejected the arguments that Mr. Clarett's lawyers have presented to the Supreme Court," NFL executive vice president Jeff Pash said.
On Monday, Southern California sophomore receiver Mike Williams filed his own lawsuit in federal court in Manhattan, saying the NFL had issued conflicting statements about eligibility for the draft, thus causing him to sacrifice his college career.
If they wind up being eligible, Williams would be expected to go in the first round of the draft, while Clarett might not be taken until the second or third round.
Clarett argued in Tuesday's filing that the NFL would not suffer any harm if he is allowed in the draft — but he would be harmed if he is blocked.
Clarett led Ohio State to a national title as a freshman, but he was ruled ineligible as a sophomore for accepting money from a family friend and for lying about it to NCAA and university investigators. Williams declared for the draft after a lower court ruled in Clarett's favor.
Clarett, 20 and out of high school two years, would be eligible for the draft next year under the current rule.
He dropped out of classes at Ohio State after the winter quarter, then declined to work out for scouts at the NFL's combine in Indianapolis in February.
U.S. District Court Judge Shira Scheindlin ruled that month that Clarett should be allowed in the draft. She said the rule excluding him violates antitrust law and unjustly blocks a player from pursuing his livelihood.
Ginsburg is a Clinton administration appointee who oversees matters from the New York-based 2nd U.S. Circuit. She could decide on her own whether to intervene or refer the issue to the full court. She could also ask the NFL to file a response.
There is no court deadline for Ginsburg to act on the request, but Clarett's lawyer told her in the filing that if he "is prevented from entering the draft this weekend, he will suffer substantial irreparable injury."
If Ginsburg or the full court turns down the request, the lower court's decision against Clarett stands.
http://www.usatoday.com
It's not uncommon for college football players to enter the NFL draft before they graduate from college. But since many of them ''redshirt,'' or sit out one year of their college careers, that usually means they've satisfied the NFL's rule that they go through three college seasons since leaving high school. Generally, these athletes enter the draft at the age of 22 or 23. Then they play professional football for an average of 3.5 years. That leaves a long time before they can collect Social Security.
This is all background for putting the case of former Ohio State running back Maurice Clarett into perspective. Mr. Clarett had an outstanding freshman season, helping to lead his team to a national championship two seasons ago. He was kicked off the team in his sophomore year over NCAA rule violations. He then sued the NFL to be allowed into the draft, arguing that its rules prevented him from earning a living.
Back in February, a federal judge agreed, ruling that the NFL rules violated antitrust laws. That encouraged USC sophomore receiver Mike Williams to forsake college and apply for the NFL draft.
They should've stayed in school. On Tuesday, a three-judge federal appeals panel stayed the lower court ruling, saying that the NFL had demonstrated with its arguments that it probably could win its case. Whether it will or not, the court has yet to decide. If the judges eventually agree with the lower court, Messrs. Clarett and Williams will be spared harm because the NFL will hold a supplemental draft. Until then, however, they can't participate in this weekend's draft.
Let's hope the court sides with the NFL. Let's hope it upholds the right of professional organizations to establish eligibility requirements and of unions and those organizations to negotiate those standards. There are good reasons to encourage football players to stay in college. It's a physically stressful sport. Few of them can make it a lifetime source of support. Then what happens to them? And, what happens to college athletics? Does it become an ever-revolving roster of would-be professionals, threatening to erode academic standards, creating disposable, short-time sports entertainers? We've got professional basketball and baseball for that.
http://www.mcall.com
This is all background for putting the case of former Ohio State running back Maurice Clarett into perspective. Mr. Clarett had an outstanding freshman season, helping to lead his team to a national championship two seasons ago. He was kicked off the team in his sophomore year over NCAA rule violations. He then sued the NFL to be allowed into the draft, arguing that its rules prevented him from earning a living.
Back in February, a federal judge agreed, ruling that the NFL rules violated antitrust laws. That encouraged USC sophomore receiver Mike Williams to forsake college and apply for the NFL draft.
They should've stayed in school. On Tuesday, a three-judge federal appeals panel stayed the lower court ruling, saying that the NFL had demonstrated with its arguments that it probably could win its case. Whether it will or not, the court has yet to decide. If the judges eventually agree with the lower court, Messrs. Clarett and Williams will be spared harm because the NFL will hold a supplemental draft. Until then, however, they can't participate in this weekend's draft.
Let's hope the court sides with the NFL. Let's hope it upholds the right of professional organizations to establish eligibility requirements and of unions and those organizations to negotiate those standards. There are good reasons to encourage football players to stay in college. It's a physically stressful sport. Few of them can make it a lifetime source of support. Then what happens to them? And, what happens to college athletics? Does it become an ever-revolving roster of would-be professionals, threatening to erode academic standards, creating disposable, short-time sports entertainers? We've got professional basketball and baseball for that.
http://www.mcall.com
April 22 (Bloomberg) -- The National Football League asked a U.S. Supreme Court justice to keep former Ohio State football player Maurice Clarett out of this weekend's football draft.
The NFL asked Justice Ruth Bader Ginsburg to reject Clarett's emergency request to lift a lower court order that blocks him from entering the draft to be held Saturday and Sunday at New York's Madison Square Garden. The running back is seeking to enter the draft a year earlier than eligibility rules allow.
Clarett, 20, is challenging an NFL rule that bars players from entering the draft until they have been out of high school for three years. A federal judge ruled in February that the rule violates U.S. antitrust law and allowed Clarett and other players to participate in the draft. On Monday, the New York-based 2nd U.S. Circuit Court of Appeals blocked that ruling.
The NFL rule protects current players' jobs and pay, and it ``bars entry to younger players more prone to career-ending injuries,'' the NFL's lawyers said in court papers filed today with Ginsburg in Washington. The NFL will hold a supplemental draft if the 2nd Circuit later rules that Clarett can enter the draft, the NFL said.
Ginsburg handles emergency matters from the 2nd Circuit. She can grant or deny Clarett's emergency request or refer the matter to the full court.
Clarett's lawyer, Alan Milstein, said in court papers that keeping him out of the draft ``would be devastating to Clarett's professional football career.''
``A loss of playing time is detrimental to a professional football player's career,'' Clarett's lawyer said.
High School Seniors
The 2nd Circuit barred Clarett and eight other players, including University of Southern California wide receiver Mike Williams, from the weekend draft. Williams filed his own suit against the NFL on Monday.
League and team officials voiced concern that the federal judge's ruling in Clarett's favor would lead to an increase in the number of high school seniors and college freshmen and sophomores who try to turn professional before they are physically or emotionally ready. The NFL argues that its draft eligibility rule was a product of collective bargaining with its players union.
Clarett's lawyers said the NFL's collective bargaining agreement doesn't apply to him because the league's draft eligibility rules keep him from applying for employment.
Clarett's emergency request is Clarett v. National Football League, 03A-870.
http://quote.bloomberg.com
The NFL asked Justice Ruth Bader Ginsburg to reject Clarett's emergency request to lift a lower court order that blocks him from entering the draft to be held Saturday and Sunday at New York's Madison Square Garden. The running back is seeking to enter the draft a year earlier than eligibility rules allow.
Clarett, 20, is challenging an NFL rule that bars players from entering the draft until they have been out of high school for three years. A federal judge ruled in February that the rule violates U.S. antitrust law and allowed Clarett and other players to participate in the draft. On Monday, the New York-based 2nd U.S. Circuit Court of Appeals blocked that ruling.
The NFL rule protects current players' jobs and pay, and it ``bars entry to younger players more prone to career-ending injuries,'' the NFL's lawyers said in court papers filed today with Ginsburg in Washington. The NFL will hold a supplemental draft if the 2nd Circuit later rules that Clarett can enter the draft, the NFL said.
Ginsburg handles emergency matters from the 2nd Circuit. She can grant or deny Clarett's emergency request or refer the matter to the full court.
Clarett's lawyer, Alan Milstein, said in court papers that keeping him out of the draft ``would be devastating to Clarett's professional football career.''
``A loss of playing time is detrimental to a professional football player's career,'' Clarett's lawyer said.
High School Seniors
The 2nd Circuit barred Clarett and eight other players, including University of Southern California wide receiver Mike Williams, from the weekend draft. Williams filed his own suit against the NFL on Monday.
League and team officials voiced concern that the federal judge's ruling in Clarett's favor would lead to an increase in the number of high school seniors and college freshmen and sophomores who try to turn professional before they are physically or emotionally ready. The NFL argues that its draft eligibility rule was a product of collective bargaining with its players union.
Clarett's lawyers said the NFL's collective bargaining agreement doesn't apply to him because the league's draft eligibility rules keep him from applying for employment.
Clarett's emergency request is Clarett v. National Football League, 03A-870.
http://quote.bloomberg.com
Maurice Clarett's challenge of the NFL's eligibility rule was rejected twice by the Supreme Court on Thursday, meaning the Bears won't have USC wide receiver Mike Williams to consider with their first-round draft pick Saturday.
Justice Ruth Bader Ginsburg said she saw no reason to overturn a lower court's stay that prevents Clarett from being eligible for the draft because the Ohio State running back has not been out of high school three years. His second appeal to Justice John Paul Stevens also was denied. That means Williams, who has been at USC only two seasons but already holds numerous school records, also is locked out.
Clarett was likely to be a mid-round selection, but Williams was expected to be taken in the top half of the first round. Although he isn't the speedster the Bears covet, coach Lovie Smith and college scouting director Greg Gabriel visited Williams on Monday at his home in Tampa, Fla.
Williams did not declare for the draft until the NFL opened it up to all comers after the original court decision made in Clarett's favor two months ago. Both might have nowhere to play.
"[Williams] has done everything that [the NFL] told him to do, so he really shouldn't get punished,'' Smith said. "Do I feel bad for him? Yes. I think everybody deserves the chance. We're all working. Mike can't go back to school. His eligibility is up now, and he has to do something.
"He's a personable guy, very intelligent, and of course you can see the physical ability he has on tape. When you get a chance to know him, you can see what people really like about him.''
With Williams excluded, the Bears may turn their focus to Miami defensive tackle Vince Wilfork or perhaps Wisconsin wide receiver Lee Evans.
Clarett's hope is to shoot down the NFL on appeals and then enter a supplemental draft, which the league has said it would offer if it lost in court. That would appear to be Williams' only hope, too, though he filed a separate lawsuit in New York earlier this week. Both players will be hard-pressed to regain their college eligibility with appeals to the NCAA because they have hired agents and also might be short of hours in the classroom.
"It would be premature to decide one way or the other where the membership will ultimately come to rest,'' said Gene Upshaw, director of the NFL players union, which has long backed the eligibility rule. "But I feel bad for these kids. That was the risk they took when they applied.''
http://www.suntimes.com/output/football/cst-spt-nfl23.html
Justice Ruth Bader Ginsburg said she saw no reason to overturn a lower court's stay that prevents Clarett from being eligible for the draft because the Ohio State running back has not been out of high school three years. His second appeal to Justice John Paul Stevens also was denied. That means Williams, who has been at USC only two seasons but already holds numerous school records, also is locked out.
Clarett was likely to be a mid-round selection, but Williams was expected to be taken in the top half of the first round. Although he isn't the speedster the Bears covet, coach Lovie Smith and college scouting director Greg Gabriel visited Williams on Monday at his home in Tampa, Fla.
Williams did not declare for the draft until the NFL opened it up to all comers after the original court decision made in Clarett's favor two months ago. Both might have nowhere to play.
"[Williams] has done everything that [the NFL] told him to do, so he really shouldn't get punished,'' Smith said. "Do I feel bad for him? Yes. I think everybody deserves the chance. We're all working. Mike can't go back to school. His eligibility is up now, and he has to do something.
"He's a personable guy, very intelligent, and of course you can see the physical ability he has on tape. When you get a chance to know him, you can see what people really like about him.''
With Williams excluded, the Bears may turn their focus to Miami defensive tackle Vince Wilfork or perhaps Wisconsin wide receiver Lee Evans.
Clarett's hope is to shoot down the NFL on appeals and then enter a supplemental draft, which the league has said it would offer if it lost in court. That would appear to be Williams' only hope, too, though he filed a separate lawsuit in New York earlier this week. Both players will be hard-pressed to regain their college eligibility with appeals to the NCAA because they have hired agents and also might be short of hours in the classroom.
"It would be premature to decide one way or the other where the membership will ultimately come to rest,'' said Gene Upshaw, director of the NFL players union, which has long backed the eligibility rule. "But I feel bad for these kids. That was the risk they took when they applied.''
http://www.suntimes.com/output/football/cst-spt-nfl23.html
