DETROIT -- There's going to be another lawsuit challenging the draft-eligibility requirements of the NFL and NBA. There's an adventurous attorney out there certain to have unearthed the proper balance of constitutionality and common sense that will convince a federal court that the NFL's "three-and-out" and/or the NBA's "one-and-done" policies are nothing more than illegal age discrimination.
It's not just a waste of time. It's also a misapplication of justice.
Great athletes aren't victims simply because they're told to wait and mature before they attain the "certification" the NFL and NBA deem appropriate for seeking a million-dollar job in their business. The principal argument in giving 18-year-olds the freedom to pursue a livelihood at their choosing rather than their employer's isn't about fairness. It's about legality. And nobody can logically explain how a privately run entity, such as the NFL or NBA, cannot legally determine its own workplace rules based on age and experience.
South Carolina defensive end Jadeveon Clowney (a.k.a. the guy who "decapitated" Michigan's Vincent Smith in the Outback Bowl) would be the no-questions-asked first overall selection in April's draft, except he's not three years removed from high school graduation per NFL requirements. It has been suggested that Clowney should sit out his junior year. Why risk a serious injury that might cost him financially?
Perhaps he should contact Kentucky freshman center Nerlens Noel.
Noel shredded his left knee Tuesday. He's done for the season, requiring surgery and perhaps costing him a top-five spot in this summer's NBA draft. If not for the NBA draft entry policy - being at least 19 and one year removed from high school - Noel would have a seat on an NBA team's bench and might have had a guaranteed multiyear rookie contract to somewhat ease the pain if he sustained a similar anterior cruciate ligament tear.
But I'm tired of people painting these athletes as helpless pawns against ruthless corporate greed. They're far from getting screwed. Noel's receiving first-rate medical care basically for free as a result of his contract with the university. As long as he remains enrolled at Kentucky, he'll have unlimited access to excellent rehabilitation facilities.
Would anyone care to put a dollar figure on the premium health-care services Noel's receiving at no cost to himself or his family?
If these athletes believe they're treated unfairly by the NCAA, the NFL and the NBA denying them monetary opportunities afforded others in "the real world," they should talk with some "regular people" who don't have the financial means to get good health insurance, either through their employer or on their own.
And if such people need corrective surgery, the bulk of the costs come out of their own pockets.
There's important value in services rendered that's not necessarily measured in the number of cars you can purchase.
College athletes aren't victims.
Former Ohio State star Maurice Clarett certainly wasn't a victim. He challenged the NFL's draft rules 10 years ago. A liberal judge initially ruled in favor of his lawsuit, but then the billionaire league owners found one of the more business-friendly federal district appellates and had the lower court's decision overturned.
The recent attention surrounding Noel's injury and Clowney's inability raises the interest in another legal challenge, but it won't improve the odds of the next lawsuit succeeding.
Source: http://www.miamiherald.com/2013/02/16/3237784/drew-sharp-nfl-and-nba-can-set.html
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