![]() |
|
|||||||
| Locker Room Main Forum Commanders Football & NFL discussion |
|
|
Thread Tools | Display Modes |
|
|
#22 | |||
|
Franchise Player
Join Date: Feb 2004
Age: 46
Posts: 8,317
|
Quote:
We are saying that the government's interference in this matter isn't justifiable and legally, the ruling was erroneous. Quote:
Quote:
The NFL is the organization Clarett is seeking to enter so I think they have a right to determine who can come into the league. AARP doesn't let kids in either but I'm not going to whine about that. I don't get the kids eat free meal either when I go out. Amusement parks don't give me a kids/senior citizen discount. I don't get to shop at the PX because I'm not in the military (which has its own age, weight, health criteria). Again, this is not age discrimination, its maturity discrimination. Though the rules seem arbitrary, they are the league's rules and since they are not illegal (in my mind), the government should not force the hand of the league. Let's settle the legal aspect of the NFL age-discrimination situation since the Supreme Court will take a year to reach a ruling. The age discrimination laws apply to those 40 or older, not 40 or under. Hence, laws restricting minors and those under 21 from applying for certain jobs (i.e. bartender). So, any discussion about the EOE is irrelevant. Now, the second issue in Clarett v. NFL concerns Clarett's contention that the NFL is a monopoly and therefore it has no legal right to prohibit him from entering the NFL draft (thereby preventing him from pursuing his career). I really doubt that Judge Judy's ruling in favor of Clarett will withstand the tests the appellate courts will apply. I say this with confidence because the Supreme Court has already ruled that the NFL is not subject to anti-trust laws since the NFL has a collective bargaining agreement with the NFL Players Association. This legal antitrust precedent was established in Brown v. Pro Football, Inc., wherein the U.S. Supreme Court ruled in 1996 that terms of employment are immune from antitrust challenges. The court wrote, in an 8-1 voting judgment, that terms and conditions of employment are mandatory subjects of collective bargaining. Therefore, anti-trust laws were not designed to, nor should they be used to interfere in situations such as Clarett's (in which the labor union does not have a dispute with the employer (NFL) and there is a collective bargaining agreement). Judge Judy had no right to ignore the precedent established by the Supreme Court ruling. Ramseyfan rests your Honor. Last edited by Sheriff Gonna Getcha; 03-06-2004 at 11:02 PM. |
|||
|
|
|
|
|