Wednesday, April 21, 2004

Putting the degree to work

For the first time ever, I called into a radio talk show yesterday. The hosts of a local sportstalk program were struggling with the implications of the Second Circuit's ruling on Monday that stayed the District Court order finding that the NFL's eligibility rules violated antitrust law and that Maurice Clarett should be eligible for the draft. I explained the situation: no, Clarett has not lost the appeal the NFL filed but the Second Circuit's ruling is rare because by its nature it indicates the NFL is likely to win the appeal (one requirement for a stay is a "likelihood of success on the merits"); yes, there will be a supplemental draft if Clarett wins on the appeal but only for this year, future Claretts will be able to enter the regular draft. And I explained the post-Second Circuit options for the parties. Does this count as pro bono?

Yesterday Clarett appealed to Supreme Court Justice Ginsburg (who deals with interim motions by the Second Circuit) to lift the Second Circuit's stay. I don't think it will happen -- the point of the lawsuit (from a legal standpoint) is to determine the validity of the NFL eligibility rules, not to change this draft only.

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