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Old 02-13-2013, 07:58 PM  
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Jadeveon Clowney should lawyer up, challenge nonsensical 'three-years-out' rule

He is a 6-foot-6, 256-pound athletic wonder who tracks opposing ball carriers like a laser dot and punishes them like a vindictive medicine ball.

If Jadeveon Clowney were allowed to enter April's NFL draft, rather than prepare for his junior season at South Carolina, the dripping-with-talent defensive end would likely go in the top three, and possibly the top one. Jadeveon Clowney finished the 2012 season with 13 sacks. (USA Today Sports)

Yet Clowney, because of a nine-year-old decision by the U.S. Court of Appeals for the 2nd Circuit, doesn't have the option to cash in immediately on his potential. And the risk he'll assume by playing another season for the Gamecocks has prompted some, including Charlotte Observer columnist Tom Sorensen, to suggest that Clowney sit out the 2013 season before going pro.

I have a better idea: Clowney, who turns 20 on Valentine's Day, should lawyer up and try to barge his way into the NFL this spring – the same way he blasted into the Michigan backfield during last month's Outback Bowl.

If Clowney chooses to go this route, I'll wish him well: The NFL's existing, court-sanctioned rule requiring a player to be three full seasons removed from his high school graduation before becoming draft-eligible is ridiculous, on many levels.

[Also: Steve Spurrier laughs off notion that Jadeveon Clowney should sit '13 season ]

First, it's utter nonsense. According to this rule, a wunderkind who graduates high school at 14 can apply to play professional football before he's old enough to vote, but someone whose matriculation is delayed because of, say, a severe medical condition might have to wait until he's 22.

Secondly, it's a self-serving and greedy attempt to preserve what is essentially a free farm system for the NFL – and a corrupt and hypocritical college-football machine that pays off coaches and administrators while exploiting the labor of its elite athletes.

Thirdly, and most important, it is age discrimination in its most blatant form. If Freddy Adu can be selected in the MLS SuperDraft at the age of 14, and Steffi Graf can play a professional tennis tournament when she's a few months past her 13th birthday, how is it fair that someone like Clowney has to wait until he can drink legally before plying his trade?

This is the point at which many of you start firing off emails, tweets and faxes (wait, national Signing Day is over?... never mind about that last part) reminding me that the NFL is a different animal. Yes, I am aware that pro football at its highest level is an inherently dangerous pursuit, and I know this argument for challenging draft restrictions may seem to be at cross-purposes with the many columns I have written regarding the increased need for health-and-safety protections. My first answer would be that very young men (and women) are allowed to enter similarly daunting sports like boxing, MMA, hockey and auto racing without age limits.

My second response? Did you see that hit Clowney put on Michigan running back Vincent Smith in the Outback Bowl?

It's fair to surmise that Clowney's opponents are the ones who'll need protection.

"The guy looks like a beast," one AFC general manager says of Clowney. "Shows rare close and can really bend the edge and then he hits like a truck and shows some real nasty."

[Also: Jadeveon Clowney looks to take out $5 million insurance policy for 2013 season]

Echoed an NFC GM: "Yes, he's rare. He's a mixture of Jevon Kearse and JPP (Jason Pierre-Paul). He'd go number 1 right now, no later than two. He's an absolute freak."

It seems pretty obvious that Clowney is ready for the big leagues. And if it turns out he isn't – well, can't we let the market decide? And make no mistake: physical readiness is the only issue that's even worth debating. Plenty of older players with more college experience, from Ryan Leaf to JaMarcus Russell, have proven they're not mentally or emotionally mature enough to handle life in the NFL, but that didn't preclude them from entering the draft and getting paid. Jadeveon Clowney celebrates after a win over Michigan. (Getty)

Oddly enough, I would argue that the young players who'd be most in harm's way upon entering the NFL early – running backs – are the ones getting hurt most by the current system. If you are a young, strong runner like Alabama's T.J. Yeldon or Georgia's Todd Gurley, each of whom had standout seasons as true freshmen in 2012, why should you subject yourself to approximately 500 touches apiece over the next two years for free?

Consider that if either of those backs were to enter this year's draft – another NFC GM told me Yeldon would likely be the first back off the board in that scenario – he'd not only start getting paid for all that pounding, but he'd also enhance the chances of landing an elusive second (or even third) contract because of his relative youth.

I'm sure that in retrospect Clowney's former South Carolina teammate, Marcus Lattimore, wishes he could have turned pro after the 2010 season, in which he starred as a true freshman. A torn ACL in his left knee ended his sophomore campaign, and last October he suffered a gruesome injury to his right knee, tearing multiple ligaments and suffering a dislocation that put his future prospects in jeopardy. Lattimore plans to enter the draft but will go at a much lower spot – and receive far less guaranteed money – than he would have had he been eligible two years ago.

"For a running back, especially, the wear-and-tear is so great that it's tough to justify keeping them (in college for three years)," the second NFC general manager says. "Don't get me wrong: Fans like the current system, and a lot of these kids aren't emotionally ready for pro football – and, as with the NBA, you'd have a lot of guys washing out. But it's a free country. At some point, it seems like somebody's going to challenge it and win."

[Also: Student allegedly beaten by Crimson Tide players still loves Alabama football ]

Not surprisingly, running backs have been at the forefront of previous threats to the existing system. When Chicago Bears owner George Halas signed Illinois star Red Grange to a contract in November of 1925, it helped legitimize the young NFL while enraging college football's powers that be.

The Galloping Ghost's decision to leave following his junior season led to the establishment of a rule requiring players to be four years past their high school graduation before entering the NFL. That was later amended to the current three-years-removed restriction, in 1990. Thirteen years later, another running back – former Ohio State star Maurice Clarett – sued to enter the draft and temporarily succeeded in striking down the rule.

After a phenomenal freshman season in which he led the Buckeyes to a national championship, Clarett was suspended for his entire sophomore year for taking improper benefits. Two years removed from his high school graduation, Clarett convinced a U.S. District Court judge to allow him to enter the 2004 draft, essentially rendering the existing restrictions obsolete. That decision held that eligibility rules are not immune from antitrust scrutiny under the non-statutory labor exemption.

Eight other players who'd previously been ineligible for the '04 draft, including standout USC wide receiver Mike Williams, promptly declared, only to be left out in the cold when the decision was suspended by the U.S. Court of Appeals for the 2nd Circuit.

That same three-judge panel, which included future U.S. Supreme Court Justice Sonia Sotomayor, later overturned the decision, and when the Supreme Court declined to hear the case, it essentially gave legal cover for the NFL's age-discrimination policies. Jadeveon Clowney smiles after a win over Georgia. (Getty)

I'm no lawyer, but it seems to me there are some reasonable arguments that could be made if one were to issue another challenge to the 2nd Circuit's decision. The appellate court essentially ruled that labor law trumps antitrust law in cases where the two conflict, and that both the NFL and the NFL Players Association should forgo individual antitrust protection for the sake of advancing the collective bargaining process.

However, the three-years-removed rule was not the product of collective bargaining, and draft-ineligible players (like Clarett then, or Clowney now) aren't yet members of the union. It's possible another appellate panel would ultimately view things differently, or even that the U.S. Supreme Court would take the case this time.

NFLPA executive director DeMaurice Smith was unavailable for comment Wednesday, but another high-ranking union source said the organization would welcome a legal challenge by Clowney (and/or other players) to the Clarett Decision.

[Also: NCAA Rules Committee proposes ejections for targeting players ]

I have no idea if Clowney would be interested in such a crusade, but I can see why he would be: I ran his situation by six NFL general managers on Tuesday, and the consensus was that he would "fly off the board" if eligible for the 2013 draft, with three of the GMs saying he'd likely go No. 1 overall.

As per the rookie wage scale, last year's No. 1 overall pick, Andrew Luck, received a four-year, $22.1-million contract that was fully guaranteed. That, at a minimum, seems to be what Clowney would risk by playing for the Gamecocks in 2013.

Apply this model to other careers, and imagine being a 20-year-old in that position. In that context, it's easy to see why some people believe Clowney should consider sitting out his junior season. There was even an argument Wednesday on profootballtalk.com that Clowney should intentionally fail his classes to avoid the possibility of a serious injury that could impact his future earning potential. (If that's the path he chooses, I know plenty of folks from my college days who could give him some excellent pointers.)

At the very least, the young man should protect himself: Clowney is seeking an insurance policy of up to $5 million to guard against the possibility of a catastrophic injury that could prematurely end his career in 2013. It's unclear how he'd pay the premiums, however, and there are other potential flaws with such an arrangement, such as the likelihood that a career-altering (but not career-ending) injury likely wouldn't trigger a payout.

My advice to Clowney: Find yourself a good lawyer who'd be willing to take on your case pro bono – and I suspect there are a whole lot of them who'd be interested, for the principle and/or the publicity – and see if you can blow up that nine-year-old appellate court decision the way you do opposing backfields.

If nothing else, I'd love to see Vincent Smith subpoenaed as a character witness.



http://sports.yahoo.com/news/nfl--ja...211521980.html
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Old 02-13-2013, 08:28 PM   #61
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I'd like him to lawyer-up... That ruling seems silly at best. I mean I get it, but I really don't agree that a 20-year-old can't make such a choice.

And if he's too young to decide, that old-ass judge from last night's Obama session-of-lies HAS to be too old to be a judge!
you really want the NFL draft rules etc to go to the courts?


i bet you want Donald Fehr to take over the NFLPA too.
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Old 02-13-2013, 08:28 PM   #62
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If Clowney could come out he would be the number one pick, and I would be totally ok with it. I'd hope one of these QBs would drop late 1st or early second.
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Old 02-13-2013, 08:28 PM   #63
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You're really reaching here.

He's not taking money, not hiring an agent. Clarett was ruled ineligible before he did this.
I'm not "reaching", I'm discussing the possibilities. Let's not pretend any of us KNOW what will happen.

This isn't gonna be some piece of cake, let's take the guy #1 in April thing, no matter how much you would like it to be.
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Old 02-13-2013, 08:29 PM   #64
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You're flighty.

Like a girl.

You don't tug on Superman's cape.
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Old 02-13-2013, 08:30 PM   #65
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You don't tug on Superman's cape.


Dude, you are funny as hell. I'll give you that.
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Old 02-13-2013, 08:30 PM   #66
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Adding a luxury pass rusher on a team without a QB would be a stupid pick anyway.

Imagine having three guys who can rush the passer but never get to rush the passer because you can't get a lead.

Pioli would make the pick for sure.
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Old 02-13-2013, 08:33 PM   #67
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Clowney does have rare talent. He's gonna be a beast.

But I think it's bullshit that players are forced to go to college if they are perfectly capable of earning money without college. Like look at the dude from Kentucky, all that money = gone because he was forced to go to college.

This is just another way of control. If you can come out of high school and an NBA team wants to hire you, they should be allowed to. If a football player is ready to play in the NFL and teams are willing to pay you, that shouldn't be disallowed.

After all, earning money is the only reason why people go to college. Because they want to make money!

Money is all that matters in this country, so they should be allowed to earn it.

I bet the NBA/NFL is in collusion with the NCAA. It's another way of controlling people, they are forced to go to college and will get in huge trouble if they even take any money from someone while everyone else around them are getting rich off of them. It's not right. NBA teams get another scouting year while NCAA teams make money off of them.
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Old 02-13-2013, 08:35 PM   #68
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Adding a luxury pass rusher on a team without a QB would be a stupid pick anyway.

Imagine having three guys who can rush the passer but never get to rush the passer because you can't get a lead.

***** would make the pick for sure.
Every GM in the league would make that pick.
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Old 02-13-2013, 08:36 PM   #69
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Every GM in the league would make that pick.
That's why the average tenure is like 4 years.
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Old 02-13-2013, 08:37 PM   #70
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Old 02-13-2013, 08:40 PM   #71
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That's why the average tenure is like 4 years.
Yeah, I'm thinking that's probably not the case.
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Old 02-13-2013, 08:48 PM   #72
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Remember when the Texans took Mario Williams #1?

Was he worth it in the end?
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Old 02-13-2013, 08:48 PM   #73
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Remember when the Texans took Mario Williams #1?

Was he worth it in the end?
Over Bush yes
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Old 02-13-2013, 08:48 PM   #74
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Remember when the Texans took Mario Williams #1?

Was he worth it in the end?
2 different players bro, nice try.
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Old 02-13-2013, 08:49 PM   #75
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Yeah, I'm thinking that's probably not the case.
Taking another pass rusher, when you have 2 pro bowlers and ZILCH at QB, which is the situation the Chiefs are in, is absolutely why guys get fired.
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