Re: The NFL should be able to request and DJ, I think that the collective bargaining agreement was a hindrance to the NFL in this case. Nowhere in the agreement does it say anything about the 3 years out of high school rule, the league just imposed the rule. I don't know when the CBA expires but when they renegotiate it they can add in the rule about 3 years from high school and this might go away. Also, has anyone heard what the NFLPA thinks about the ruling. I would think that they don't like it because it would likely push some of the veterans out that are mainly special teams guys. Why pay someone the veteran's salary when you can get a kid to play for half the cost?
Article that was in the recruiting section that is relevant to this discussion as well. http://www.nola.com/lsu/t-p/football/index.ssf?/base/sports-0/1076138797149600.xml
The reason that judges have the ability to come down on this NFL rule is that TECHNICALLY it's age discrimination. Professional football is a unionized industry, which means it can set criteria for entry. However, most criteria are tests, licenses, etc. I think this ruling will be overturned, but only on legal terms. It doesn't mean that the NFL will actually win out overall. Doogie Howser did it.
Mike D--You may be right that the collective bargaining agreement did not contain a specific reference to this rule, but under antitrust law there is a general exemption for collective bargaining agreements with unions because such contracts are inherently anticompetitive in terms of the labor market. Unions don't want employers to be able to hire the least expensive labor. Based on comments I saw in the news by NFL players and NFLPA officials, the NFLPA is upset about the ruling and will probably do what it can to help the NFL against Clarett's case. That might include changing the agreement to specifically include these rules. The NFL players are generally offended at the presumptuousness of a guy who thinks he can waltz into the NFL at age 18 or 19. BTW, I think Clarett will be toast when and if he ever gets to the NFL. Lots of folks will be gunning for him, and I don't think he will necessarily get the best effort out of his blockers.
My guess is that any individual team would have the right NOT to draft a player for whatever reason. The key is that the ruling was based on anti-trust law. Since the NFL is for all prctical purposes the only professional football league, it cannot, AS A LEAGUE, have regualtions that prevent a person from entering the trade. I know of know constitutional authority that did not think the NFL would lose. The judge is on very firm legal ground, whether we like the decision or not, and I would think that the chances of geting an appelate court to put aside the decision pending an appeal or somewhere between slim and none. The league would have to show that it has a good chance of wining the appeal (which it doesn't), and that it would suffer irreperable harm(which it can't).
You are correct. I meant that each team must make its own determination independant of what any other team does... sort of like price fixing... you can set our own prices, just not in cooperation with your competitors.
BP, every sports commentator/ legal analysts that I have heard talking about this issue have blasted the judge on her decision and most believe the NFL has a good shot at winning an appeal. Where have you been reading up on this?
