The Supreme Court of Appeals for the Second Circuit overturned a federal district court’s ruling 20 years ago that made former Ohio State running backwards Maurice Clarett ready for the NFL draft in 2004.
Clarett, who was projected first square pull and Big Ten Freshman of the Year, had a profound impact on her life as a result of the decision. Additionally, it established a law that shielded different teams ‘ registration regulations from legal scrutiny.
It’s interesting to consider Clarett v. NFL and the distinct age in which college football players are now able to make seven-figure salaries through their names, appearance, and likenesses.
The University of New Hampshire’s Sports and Entertainment Law Institute did number Clarett v. NFL: 20 Times After and The Future of Age Limits in Pro Sports on Friday. By registering around, you can watch the forum online starting at 5 p.m. ET. Each of the listeners was involved in the dispute. Maurice Clarett, Michelle Clarett, U. S. District Judge Shira Scheindlin, Clarett lead counsel Alan Milstein, NFL counsel Benjamin Block and two other Clarett attorneys ( Michael Dube and me ) will participate.

Clarett was a heartthrob at Ohio State. His shirt was a best- owner, though he did n’t getting a cut according to NCAA rules. Clarett’s effect on Ohio State sport’s television assessments and ticket sales was likewise considerable, but NCAA guidelines denied him and his Buckeyes friends stock. He also could n’t sign endorsement deals and remain NCAA eligible, and—of course —he could not be paid a wage as an “amateur”.
Clarett, who rushed for 1, 237 yards in 11 games and led the Buckeyes to the national finals activity, sought to enter the NFL after playing one year in school. According to the NFL’s registration guidelines, which mandate players who had completed high school for three years were disqualified. Due to the club and its teams having agreed to ban any player regardless of his skill, skill, or financial need, Clarett filed a lawsuit, alleging that the rule violated antitrust laws solely on the grounds that time had elapsed from high school.
The NFL was the only big male expert group at the time that forbidding entry until a certain time after high school graduation. Major League Baseball, the National Hockey League, Major League Soccer, NASCAR, professional tennis, professional golf, pro boxing, pro MMA and even the NBA—which would elevate its eligibility rule to 19- years- outdated and one year out of large school in 2006—allowed players to enter after higher school or earlier. College football players received a different treatment than performers, musicians, and other talented people who turned pro at a time of their choosing.
The NFL and big-time college football both appeared to benefit proportionally from the registration law. The NFL enjoyed what amounted to a free minor league system, which was funded by colleges that had already received grant-in-aid and did n’t pay the labor. Schools, events and the NCAA, however, saw the reputation of college basketball blow as games were broadcast on ESPN and other major networks that paid millions. Other clients included sneaker and clothing companies, video game publishers that featured college players ‘ likenesses without their permission or paying them, and other media companies. They could rely on college football stars who have three or, in the case of redshirt freshmen, two seasons of play.

On February 5, 2004, Judge Scheindlin of the Southern District of New York granted Clarett a summary judgment. The eligibility rule, according to the judge, “must be sacked.”
Clarett and the NFL debated whether the rule, which did not exist in the CBA but did, existed collectively with the NFLPA. If the rule had been bargained, antitrust scrutiny would have been exempt as long as it concerned a required area of bargaining ( wages, hours, and employment conditions ). Scheindlin reasoned the rule did n’t concern a mandatory subject of bargaining. It only governed non- employees—that is, players who were not yet in the NFL who, because of the rule, could not enter the NFL or join the NFLPA.
Due to the fact that they “are not sufficiently mature, either physically or psychologically, to bear the rigors of professional football,” Scheindlin was unconvinced by NFL claims that the rule protected Clarett and others like him. By preventing Clarett from entering the league and” selling ] his services to the only viable buyer, the NFL,” she emphasized that the rule was in line with the kind of injury that antitrust laws “are designed to prevent.”
She also observed the 6- foot, 230- pound Clarett, who was 20 at the time, was “taller and heavier than some of the NFL’s all- time greatest running backs”, and there was no question he would have been among the first running backs drafted.
Clarett’s victory proved short- lived. The Second Circuit ruled that the rule had been sufficiently bargained and that courts should take into account labor and management agreements in an opinion authored by upcoming U.S. Supreme Court Justice Sonia Sotomayor.
Clarett could not join the NFL and become an NFLPA member under the terms of the rule, but the Second Circuit argued that he could be bound by a labor agreement in which he had no role. In an amicus brief, the NFLPA asserted that the rule’s primary effects lie with the NFL and effectively supported it. If Clarett had entered the NFL in 2004, he would presumably have promoted the most recent draft pick, aka Mr. Irrelevant.
Clarett petitioned the U. S. Supreme Court to consider his case, but the Court declined. After sat out a year, Clayton was chosen by the Denver Broncos in the third round of the 2005 NFL draft. He was cut after an injury during training camp. Later, after having legal issues, Claytonett admitted to a robbery charge and bringing a concealed weapon. He’s now a successful speaker, consultant and entrepreneur.
Friday’s symposium occurs at an inflection point in the sports industry. As NIL and employment recognition gain traction, the distinction between professional and college sports is still blurring. The changes raise questions about the logic of age- or experience-based eligibility restrictions and whether it’s worthwhile for a college athlete to file a lawsuit against a professional league over an eligibility rule when they can already be paid in college.
Does the NBA need to have an eligibility requirement for players who want to play in other leagues at the age of 18 or at the G League? Consider that when he was 13, Dallas Mavericks star Luka Dončić signed with Real Madrid. Or join the WNBA, where players from all over the country must be at least 22 years old or recent college graduates ( or four years out of high school ). Caitlin Clark, the WNBA’s presumptive number one pick in the upcoming 2024 draft, would have been a career-high entry. Olivia Moultrie, a teen from the NWSL, successfully challenged the league’s 18-year-old eligibility rule.
There’s a lot to discuss.