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To: rftc
See Spencer Haywood. He sued the NBA, now the gates are open. I'm thinking about submitting my 14 yr old daughter's name for the draft next year...we need some cash. haha
26 posted on 09/23/2003 11:29:33 AM PDT by jonalvy44
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To: jonalvy44
Spencer Haywood did NOT sue the NBA. That's an urban legend.

Spencer Haywood signed a contract with the ABA's Denver Rockets after completing two years of NCAA competition. It was the NCAA that sued Haywood, because their four-year rule prohibited a college athlete from turning pro until after they had four years in the NCAA. The courts took about eighteen months to rule that the four-year rule had no basis in law; in other words, the NCAA couldn't interfere with Haywood's right to sign a pro deal with the Rockets.

This situation is completely different from the Haywood case. Clarett has to find a basis in law to overturn the NFL's rules, not the NCAA's rules. That is much more difficult. Antitrust is the best chance, although the USFL case amounted to only $3.

The NBA eventually dropped its age requirement, since after the Haywood case and the later signing of Moses Malone by Utah of the ABA, they didn't want to lose all of the top talent. Legal action had nothing to do with it.
50 posted on 09/23/2003 11:41:01 AM PDT by You Dirty Rats
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To: jonalvy44
Does the Haywood case apply to the NFL?? Read on ...

"After being named the anchor of the gold-medal 1968 U.S. Olympic basketball Team, Spencer Haywood became known for his exploits on the basketball court. However, looking back at the career of Spencer Haywood an argument can be made that his greatest triumph was not on the basketball court but in the court of law, when he single-handedly took on the draft policies of the National Basketball Association.

"Prior to 1971, the National Basketball Association had a rule that required a graduating high-school player to wait four years before he would become eligible to play in its league. The rule did not expressly state that a player had to attend college or place an age restriction on players entering the NBA, although clearly those were the intentions behind the rule. What the rule did in fact state was that "a player could not make himself available" to be drafted by a NBA team unless he waited fours years following his graduation from high school.

"After competing in the Olympics and signing a contract with the Denver Rockets of the American Basketball Association in 1970, Haywood was drafted by Seattle of the NBA even though four years had not surpassed since his graduation from high school. As a result of Seattle signing Haywood before his college class graduated, the NBA threatened to disallow the contract and implement various punitive sanctions against the Seattle basketball club.

"Haywood challenged this decision by commencing an antitrust action against the NBA that eventual went to the United States Supreme Court in 1971. As part of his claim against the NBA, Haywood argued that the conduct of the NBA was a "group boycott" and a violation of the Sherman Antitrust Act. The central issue that had to be determined was whether the NBA draft policy was a restraint on trade and therefore was illegal in accordance with the Sherman Act.

"The District Court, in Denver Rockets v. All-Pro Management, 325 F. Supp. 1049 (C.D. Calf. 1971) ruled in favor of Haywood and granted an injunction which allowed him to play in the NBA and prohibited the NBA from placing sanctions on Seattle. The District Court ruled in favor of Haywood since it felt that Haywood would suffer irreparable injury and his playing career would be dissipated since his physical skills and co-ordination would deteriorate from lack of high level competition if he was prohibited from continuing to play with the Seattle team.

"Today, the effects of Haywood v. NBA are seem with greater frequency as a significant number of high school graduates and college attendees make themselves eligible for the NBA draft before completing four years in college. Therefore, despite Spencer Haywood's fine career as a professional basketball player, his greatest victory may have in fact come from a different court."

From "Sportslaw History"

I believe that the key element in the case will hinge on whether the NFL's collective bargining agreement, which includes since 1990 language prohibiting players who are "too young," meets the requirements of the anti-trust caselaw. If it does, than Clarett will certainly lose. Furthermore, the NFL's history of barring college-aged players goes back prior to WWII.

201 posted on 09/23/2003 1:42:31 PM PDT by capitan_refugio
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