For this assignment, we learned that Maurice Clarett filed a case against the NFL where he argued that the NFL’s three-year rule acted as an unreasonable restraint in violation of the Sherman Antitrust Act and the Clayton Act. On the other hand, the NFL argued that its three-year rule was covered from the antitrust laws by the nonstatutory labor exemption. First, the case was reviewed by the district court which concluded that the NFL's eligibility rules violated antitrust laws by requiring the player to wait at least three years before entering the NFL draft and that the eligibility criteria was not immune from those antitrust laws. The court favored Clarett making him eligible for the 2004 NFL Draft.
However, the NFL requested to the United States Court of Appeals to hear its motion and declared that Clarett was not eligible to participate in the draft anymore. The court decided to change the decision due to the fact that it was proved that the rules were part of the nonstatutory labor exemption, this last point was the main issue for this case. There was evidence that during his case, the NFL players union and the NFL Players Association (NFLPA) made a collective bargaining agreement which at that time did not include
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There were two main cases that play a very important role for each side. The first case supported Maurice Clarett side was the Mackey v. National Football League case which involved a challenge brought by NFL players to the League's so-called "Rozelle Rule." The court decided to rely on the Mackey case in order to hold that the nonstatutory exemption provides no protection over the NFL's eligibility rules. They believe that the eligibility rules fail to satisfy the main factors that were determined by the Mackey case. They also concluded that the rules exclude strangers to the CBAs and did not concern wages, hours or working conditions of current NFL
The applicant Mr. Arthur Hutchinson was born in 1941. In October 1983, he broke into a house, murdered a man, his wife and their adult son. Then he repeatedly raped their 18-year old daughter, having first dragged her past her father’s body. After several weeks, he was arrested by the police and chargedwith the offences. During the trial he refused to accept the offence and pleaded for innocence. He denied accepting the killings and sex with the younger daughter.
A summary of the case details (provide the circumstances surrounding the case, who, what, when, how)
The NFL position in this article makes them look very greedy and indifferent about the overall health of their football players. One of the ethical perspectives that can be used to analyze the NFL's position in this article is deontology. Deontology is the perspective where rules is the defining factor for ethical decisions. From the deontology perspective it makes it seem that the NFL has decided not to follow the rules and even blurred the lines as to what potential injuries their players can get. They wanted their injured players to play without having to follow through the with proper procedure in verifying that the players are in conditions healthy enough to play. It looks as if the NFL cares only about bringing in money and not care about
With the backing of the Players Association and with former U.S. Supreme Court Justice Arthur Goldberg arguing on his behalf, Flood pursued the case known as Flood v. Kuhn (Commissioner Bowie Kuhn) from January 1970 to June 1972 at district, circuit, and Supreme Court levels. Although the Supreme Court ultimately ruled against Flood, upholding baseball’s exemption from antitrust statutes, the case set the stage for the 1975 Messersmith-McNally rulings and the advent of free agency.
At the same time players like Matt Forte, running back for the Chicago Bears, believes that all of these rules are becoming an issue (Dunkak). Dunkak can argue that every rule is contradicting to what the offense does and what the defense does. For instance Ndamukong Suh, Detroit Lions Defensive Tackle, was sued for a hit on quarterback, Brandon Weeden, from the Cleveland Browns. The hit appeared to be a “clean hit,” as Suh put his helmet in the middle of Weeden’s chest to take him down. Nonetheless, the NFL made it illegal to use any part of a players’ helmet to violently take down an opponent. Also, Detroit Lions Kicker, David Akers, compares the NFL to a golden goose by saying if you change it too many times, all of the sudden you do not have that great of a product
Business deals happen every day; Contracts expire, renew, and are negotiated without the public knowing for many large corporations and even sporting leagues. However, some contract changes cannot escape the media’s attention. The National Football League (NFL) is facing an expiration of its Collective Bargaining Agreement (CBA) (NFL Lockout Now One Month Old). Currently, the agreement has expired and NFL team owners have selfishly chosen to “lock” the players out. The term lockout means that the players are essentially not allowed to participate in any team activities or duties until the owner’s rescind this lockout. While many believe this is simply a battle between team owners and a player union, it can only appear to most as a selfish act of the NFL owners trying to rich, greedy men in expensive suits, and the only people they are hurting, are the fans of football.
In 2009, former UCLA basketball star Ed O’Bannon was named as the lead plaintiff in a class action lawsuit brought on by former college and basketball players towards the NCAA and the Collegiate Licensing Company. The lawsuit was centered on the issue of the NCAA selling the “likeness” of formers athlete through rebroadcasts, DVDs, photos, video games, etc., without offering any compensation to the former players included. The NCAA requires any athlete that wishes to compete in a Division I sport to sign a Student-Athlete Statement, which declares their status as amateurs and agrees to give up any compensation for participating in the sport.
These professors argue that student athletes, under common law and NLRB’s (National Labor Relations Board) employee criterion, do in fact fall under the classification of an employee (Cooper). Under common law, four tests determine if someone is an employee or not. Three of these rules are as follows: “(1) the right of others to control a person's activities; (2) whether that person is compensated; and (3) if that person is economically dependent on that compensation.” According to these guidelines the employer-employee relationship is plainly synonymous to that of coaches and student-athletes. For one, coaches have a significant amount of control over their student-athletes’ activities, two, athletic scholarship money is considered compensation, and third, student-athletes are highly dependent on these scholarships for their food, living, and education. Even after realizing that a student-athlete falls under what the law defines as an employee, we can agree that any D1 student-athlete who works upwards of 40 hours a week to perform at a high level of competition for the universities benefit is essentially working a full time job on top of school work
Imagine a business that brings in $60 million each year ,and the people fueling that industry receive none of the revenue(Wieberg). These same people work 40 hours in their sport every week, these “people” are college athletes. The NCAA, the governing body for major college sports, is the industry doing this to college athletes(Edelman). This is an issue of exploitation and control by large institutions over primarily poor people, the NCAA is guiding them in directions to make money for everybody while doing everything possible to keep the players out of the money. College Athletes deserve profit because they bring in large revenue into their program, the NCAA, and they invest tons of time into their sport.
If there’s one thing we dread in the summer more than the heat, it’s the afflicting sentiment that surrounds oneself when one is inhibited from experiencing the thrills of football for six long and gruesome months. National Collegiate Athletic Association (NCAA) football is a part of many Americans’ Saturdays, but to fewer does it mean their lives. Recently coming under debate, many sporting fans and college athletes believe that players should be paid more than just tuition, room, board, and books. Two articles on this issue that bring up valid points worth discussing are Paul Marx’ “Athlete’s New Day” and Warren Hartenstine’s “College Athletes Should Not Be Paid.” From these articles I have found on the basis of logical,
The National Football League was formed on August 20, 1920. Players wore pads, not quite as protective as the ones today, helmets and legs pads. Even though their protective gear wasn 't all that protective they still made contact with the players of the opposing teams. As the years progressed the league made many changes to the rules due to player safety. They invented better protective gear for the players and they also made more strict rules regarding playing guidelines. The main goal of those rules, like the targeting rule that is so controversial today, is to protect the players. The targeting rule itself states that no player shall target and initiate contact against an opponent with the crown of his helmet, when in
Recently college athletes have been granted permission to work, from the NCAA. Even with this permission, their jobs are still regulated. One regulation to the athletes working is that they cannot work for alumni of the school. The NCAA has this rule because they feel if athletes work for people with close ties to the school then they will be receiving special benefits while working. These special benefits include, (but are not limited to), athletes being paid while not at work and higher salaries then other workers doing the same job (Anstine 4).
The National Football League is made up of 32 teams that were once founded in 1920 by a group of people who helped form the league. In the beginning the league wasn’t really structured to what it is now. Teams will just play and no playoff games, seeding’s, or the game itself matter because not only was the game was overshadow by America’s past time baseball, but it was difficult because the college game was established as well. Owning a team was extremely hard because owner’s will spent large amounts of cash and participate in bidding wars for players. Fast-forward to today’s day and age it is safe to say the NFL may be the most brutal and exciting game to play. Rule’s and norms are intact for teams to do things more ethical. Money is what really drives this business and of course constant advertisement to promote its brand. With some of that revenue, the NFL has opened a program called NFL: Play 60. The purpose of this program is to encourage kids to be physically active for 60 minutes in a day to reduce America’s child obesity. The NFL has been successful because in 2010 the first lady Michelle Obama announced it would be teaming up with NFL PLAY 60 as a health imitative for children. This was a great move for the brand because The First Lady’s office and...
The proposal of payment toNCAA student-athletes has begun major conversations and arguments nationwide with people expressing their take on it. “This tension has been going on for years. It has gotten greater now because the magnitude of dollars has gotten really large” (NCAA). I am a student athlete at Nicholls State University and at first thought, I thought it would be a good idea to be able to be paid as a student-athlete.After much research however; I have come to many conclusions why the payment of athletes should not take place at the collegiate level.The payment of athletes is only for athletes at the professional level. They are experts at what they do whether it is Major League Baseball, Pro Basketball, Professional Football, or any other professional sport and they work for that franchise or company as an employee. The payment of NCAA college athletes will deteriorate the value of school to athletes, create contract disputes at both the college and professional level, kill recruiting of athletes, cause chaos over the payment of one sport versus another, and it will alter the principles set by the NCAA’s founder Theodore Roosevelt in 1906. Under Roosevelt and NCAA, athletes were put under the term of a “student-athlete” as an amateur. All student athletes who sign the NCAA papers to play college athletics agree to compete as an amateur athlete. The definition of an amateur is a person who “engages in a sport, study, or other activity for pleasure rather than for financial benefit or professional reasons” (Dictonary.com).
One of the main ones was with Marshawn Lynch, when the NFL forced him to speak with the media after refusing to talk to the media the entire previous year, which he was actually fined $50,000 for not talking. After that Lynch had two options which were, talk with the media or be fined another $50,000. Shah used the NFL policy which stated that players must speak with the media after games, but to support his argument he included the First Amendment right to freedom of speech. Statistics were brought into play when Shah stated, “The NFL can be considered a state actor under the entanglement-entwinement exception to the state-action doctrine for a variety of reasons.” (46) Therefore, by being funded by the government, they have to abide by the rules of the government, and which they are not because the First Amendment states that everyone has a right to freedom of speech. And it is necessary because the government is a state actor. So, with statistics about Lynch and different cases it helps lawyers support their beliefs on the NFL policies whether or not if they were to have court cases themselves on topics related to