Jadeveon Clowney should lawyer up, challenge nonsensical 'three-years-out' rule

[ShowtimeSBMVP]

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

[DaKCMan AP]

Originally Posted by GoWalrus

Just like Ndamukong Suh was Jabba the Hutt's Rancor in football pads, eh?

He helping the Lions win a lot of games?

Terrible analogy, considering the Lions drafted Stafford at #1 overall the year prior to drafting Suh at #2 overall.

[RealSNR]

The Donks really like Von Miller. He'll be a cornerstone of that defense for years to come.

Good thing Manning is in town. Otherwise he'd be a franchise cornerstone for a perennial 8-8 team AT BEST.

Get your QB first. There will be more "can't miss" players at a variety of positions in drafts to come.

[Mr. Flopnuts]

Originally Posted by GoWalrus

Just like Ndamukong Suh was Jabba the Hutt's Rancor in football pads, eh?

He helping the Lions win a lot of games?

Dear Diary,

Today I realized despite all my talents, my world-class speed, quickness and strength, and my ability to change a game on one play, I am completely beholden to the will of Steve Bono. I know not when this will change. All I can do is wish upon a falling star that someday my prince will come.

The night is long and the dawn is far off. I can't recall the taste of food, nor the touch of grass. I am alone in the dark, with only Marty's gleam to light my way. These are dark times.

Time to go and bang some more sluts.

Yours, Derrick Thomas

1 interesting fact about your Derrick Thomas analogy. The year the Chiefs took that young, stud in the first they actually drafted a QB in the 2nd round. A guy out of Wake Forest named Mike Elkins.

That year was another year that had a shitty QB class. Troy Aikman was drafted first. And he was the ONLY QB taken in the first round that year as the other 2 guys were from the supplemental draft. Other QB's of note in that class were Billy Joe Tolliver, Anthony Dilwig, and Erik Wilhelm.

Okay, you win. Geno or bust.

[Hammock Parties]

Originally Posted by DaKCMan AP

Terrible analogy, considering the Lions drafted Stafford at #1 overall the year prior to drafting Suh at #2 overall.

That's exactly my point.

The Lions' fate is tied so much more to what Stafford does than anything Suh does.

Suh can only complement Stafford, not overcome him. Or Gunther Cunningham for that matter.

[htismaqe]

Originally Posted by SNR

The Donks really like Von Miller. He'll be a cornerstone of that defense for years to come.

Good thing Manning is in town. Otherwise he'd be a franchise cornerstone for a perennial 8-8 team AT BEST.

Get your QB first. There will be more "can't miss" players at a variety of positions in drafts to come.

That's the best part of this whole discussion.

We can take Geno, let him cut his teeth and work things out this season, and chances are, Clowney will be available in NEXT YEAR'S DRAFT.

[Molitoth]

Like someone mentioned earlier...

There is a "can't miss" defensive prospect almost every year.
and when you look at where "can't miss" player gets drafted... that team hasn't won jack shit.

When you look at the teams that DO WIN, they typically have a fantastic QB.

[RealSNR]

Originally Posted by htismaqe

That's the best part of this whole discussion.

We can take Geno, let him cut his teeth and work things out this season, and chances are, Clowney will be available in NEXT YEAR'S DRAFT.

It's about ****ing time I heard somebody say, "Don't worry, (insert name of stud non-QB) will be available in next year's class." Usually it's the other way around, where people say "Don't draft a QB this year, (insert name of stud QB) will be available in next year's class."

The hilarious part is in the past whenever they've said that, that QB has turned out to be a giant lemon. Brohm, Quinn, Bradford, Tebow, McCoy, Locker, Gabbert... the list goes on and on. Andrew Luck is the only QB in recent memory we were told to "wait" for who turned out to be any good.

Finally the true fans afraid of drafting a QB are the ones who will have to be told to wait, only to find that the Chiefs won't be picking high enough to get their guy

[DaKCMan AP]

Originally Posted by GoWalrus

That's exactly my point.

The Lions' fate is tied so much more to what Stafford does than anything Suh does.

Suh can only complement Stafford, not overcome him. Or Gunther Cunningham for that matter.

Agree. I'm not opposed to much of what you're saying. The issue I have is you knocking the QB evaluation credentials of Reid/Dorsey when your own are complete, utter trash.

[DaKCMan AP]

Originally Posted by SNR

It's about ****ing time I heard somebody say, "Don't worry, (insert name of stud non-QB) will be available in next year's class." Usually it's the other way around, where people say "Don't draft a QB this year, (insert name of stud QB) will be available in next year's class."

The hilarious part is in the past whenever they've said that, that QB has turned out to be a giant lemon. Brohm, Quinn, Bradford, Tebow, McCoy, Locker, Gabbert... the list goes on and on. Andrew Luck is the only QB in recent memory we were told to "wait" for who turned out to be any good.

Finally the true fans afraid of drafting a QB are the ones who will have to be told to wait, only to find that the Chiefs won't be picking high enough to get their guy

Step 1: Draft Geno in 2013

Step 2: Suck in 2013

Step 3: Draft Clowney in 2014

Profit.

[Hammock Parties]

Originally Posted by DaKCMan AP

Agree. I'm not opposed to much of what you're saying. The issue I have is you knocking the QB evaluation credentials of Reid/Dorsey when your own are complete, utter trash.

I'm not knocking them. Brian Brohm was probably worth a 2nd round pick.

Trouble is, regardless of who's picking them, 2nd round QBs are a largely fruitless endeavor.

[DaKCMan AP]

Originally Posted by GoWalrus

I'm not knocking them. Brian Brohm was probably worth a 2nd round pick.

Trouble is, regardless of who's picking them, 2nd round QBs are a largely fruitless endeavor.

Fair enough.

[htismaqe]

Originally Posted by DaKCMan AP

Step 1: Draft Geno in 2013

Step 2: Suck in 2013

Step 3: Draft Clowney in 2014

Profit.

Of course, the alternative is:

Step 1: Draft Geno in 2013

Profit.

I think we just found ourselves a WIN-WIN proposition!

[Hammock Parties]

When Geno throws the game winning TD pass in SB XLIX and Hali and Houston rape the opposing QB on his desperation drive, I'm going to put a bag of flaming poop on Jadaveon Clowney's doorstep.

[Sorter]

Originally Posted by GoWalrus

When Geno throws the game winning TD pass in SB XLIX and Hali and Houston rape the opposing QB on his desperation drive, I'm going to put a bag of flaming poop on Jadaveon Clowney, Star Lotulelei, Alex Smith, Matt Flynn, Mike Glennon and Luke Joeckel's doorsteps.

FYP

[htismaqe]

Originally Posted by GoWalrus

When Geno throws the game winning TD pass in SB XLIX and Hali and Houston rape the opposing QB on his desperation drive, I'm going to put a bag of flaming poop on Jadaveon Clowney's doorstep.