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	<title>Comments on: Supreme Court Takes NFL Apparel Case</title>
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	<link>http://www.outsidethebeltway.com/archives/supreme_court_takes_nfl_apparel_case/</link>
	<description>Online Journal of Politics and Foreign Affairs</description>
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		<title>By: PD Shaw</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_takes_nfl_apparel_case/comment-page-1/#comment-1078731</link>
		<dc:creator>PD Shaw</dc:creator>
		<pubDate>Mon, 29 Jun 2009 20:34:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=38641#comment-1078731</guid>
		<description>I wonder how important it will be that the particular issue -- manufactured NFL headwear -- bears on health and safety concerns.  Are their people or teams able to argue that choice of helmets is essential to connecting players with the best safety equipment for them?  Does an exclusive deal hamper innovation on safe helmet design?</description>
		<content:encoded><![CDATA[<p>I wonder how important it will be that the particular issue -- manufactured NFL headwear -- bears on health and safety concerns.  Are their people or teams able to argue that choice of helmets is essential to connecting players with the best safety equipment for them?  Does an exclusive deal hamper innovation on safe helmet design?</p>
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		<title>By: charles austin</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_takes_nfl_apparel_case/comment-page-1/#comment-1078631</link>
		<dc:creator>charles austin</dc:creator>
		<pubDate>Mon, 29 Jun 2009 18:35:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=38641#comment-1078631</guid>
		<description>With respect to the NFL draft, there is plenty of competition for the efforts of those drafted.  It comes from the MLB Draft, the NBA draft, the NHL Draft, the Canadian Football League Draft, etc., etc., etc.  While most of these young men made a conscious decision years before to aim for one or another of these leagues, it was their decisoin to concentrate on football, or baseball or basketball.  Hard to blame the professional leagues for that.

Comeptition can also come from quite unexpected sources as someone could decide to enter some professional field where brains matter more than braun.  Not to mention all the other entertainment offerings that are competing for the same consumer dollars.  Anyway, the league is the product, not the teams.

Removing the draft would make the NFL look like the BCS system in college where a dozen teams are vying for the top spot year in and year out, another dozen teams can compete on occasion, and the other 80% of teams are relegated to permanent also-ran status.  That was definitely not Pete Rozelle&#039;s vision.  We can debate the merits of this approach in college, but it would be fatal for a professional league to have 80% of their teams never able to compete for a championship.

You don&#039;t have to like the NFL&#039;s exclusive merchandising decisions, but they have every right to make them, just like every Hollywood producer can make decisions about how to distribute his or her product to maximize their income.

Interestingly, the NFL draft is about the closest thing you can get to a kind of needs based affirmative action to try and keep the playing field level from the perspective of the league as a whole.  Funny where many of the complaints about this being a violation of antitrust or illegal restraint of trade come from.</description>
		<content:encoded><![CDATA[<p>With respect to the NFL draft, there is plenty of competition for the efforts of those drafted.  It comes from the MLB Draft, the NBA draft, the NHL Draft, the Canadian Football League Draft, etc., etc., etc.  While most of these young men made a conscious decision years before to aim for one or another of these leagues, it was their decisoin to concentrate on football, or baseball or basketball.  Hard to blame the professional leagues for that.</p>
<p>Comeptition can also come from quite unexpected sources as someone could decide to enter some professional field where brains matter more than braun.  Not to mention all the other entertainment offerings that are competing for the same consumer dollars.  Anyway, the league is the product, not the teams.</p>
<p>Removing the draft would make the NFL look like the BCS system in college where a dozen teams are vying for the top spot year in and year out, another dozen teams can compete on occasion, and the other 80% of teams are relegated to permanent also-ran status.  That was definitely not Pete Rozelle's vision.  We can debate the merits of this approach in college, but it would be fatal for a professional league to have 80% of their teams never able to compete for a championship.</p>
<p>You don't have to like the NFL's exclusive merchandising decisions, but they have every right to make them, just like every Hollywood producer can make decisions about how to distribute his or her product to maximize their income.</p>
<p>Interestingly, the NFL draft is about the closest thing you can get to a kind of needs based affirmative action to try and keep the playing field level from the perspective of the league as a whole.  Funny where many of the complaints about this being a violation of antitrust or illegal restraint of trade come from.</p>
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		<title>By: Drew</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_takes_nfl_apparel_case/comment-page-1/#comment-1078604</link>
		<dc:creator>Drew</dc:creator>
		<pubDate>Mon, 29 Jun 2009 18:23:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=38641#comment-1078604</guid>
		<description>&quot;If the Court rules that the NFL is violating antitrust law in exclusive licensing of apparel to Reebok, then it strikes me that much of what we take for granted in the operation of professional sports leagues would similarly be illegal restraint of trade.  For example, the NFL Draft, which forces a would-be professional football player to go to the team that selects him regardless than competing on the open market for the best offer,  would seem a much more egregious violation.&quot;

Interesting topic.

A McDonald&#039;s franchisee is required to abide by the supply (and other) arrangements of McDonald&#039;s Corporate for obvious control/price reasons.  That seems fine; it makes the &quot;league&quot; work and prosper.  And after all, you don&#039;t have to buy a franchise and play by McDonald&#039;s rules.  

But it&#039;s one thing for the &quot;league&quot; members to waive their right to finding the best supplier deal, but quite another for a &quot;franchise&quot; to discriminate in employment practices.  

A potential employee waiving his/her rights is also a different issue.  Concept: &quot;Listen Mr. QB.  You are benefitting from the league&#039;s controls that keep it viable and profitable....and your salary high; so you must waive your rights.&quot;

I have to think this is how it will get argued.  The player/draftee has no &quot;right&quot; to play in the NFL, MLB, NBA etc.  Rather, if they don&#039;t like the draft system set up by the league, they can take that marvelous education and football mill diploma they received and gain wonderful employment on the free market..........and for 90% of the players that means, you know, a garbage collector, or parking lot attendant.</description>
		<content:encoded><![CDATA[<p>"If the Court rules that the NFL is violating antitrust law in exclusive licensing of apparel to Reebok, then it strikes me that much of what we take for granted in the operation of professional sports leagues would similarly be illegal restraint of trade.  For example, the NFL Draft, which forces a would-be professional football player to go to the team that selects him regardless than competing on the open market for the best offer,  would seem a much more egregious violation."</p>
<p>Interesting topic.</p>
<p>A McDonald's franchisee is required to abide by the supply (and other) arrangements of McDonald's Corporate for obvious control/price reasons.  That seems fine; it makes the "league" work and prosper.  And after all, you don't have to buy a franchise and play by McDonald's rules.  </p>
<p>But it's one thing for the "league" members to waive their right to finding the best supplier deal, but quite another for a "franchise" to discriminate in employment practices.  </p>
<p>A potential employee waiving his/her rights is also a different issue.  Concept: "Listen Mr. QB.  You are benefitting from the league's controls that keep it viable and profitable....and your salary high; so you must waive your rights."</p>
<p>I have to think this is how it will get argued.  The player/draftee has no "right" to play in the NFL, MLB, NBA etc.  Rather, if they don't like the draft system set up by the league, they can take that marvelous education and football mill diploma they received and gain wonderful employment on the free market..........and for 90% of the players that means, you know, a garbage collector, or parking lot attendant.</p>
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		<title>By: Brian Knapp</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_takes_nfl_apparel_case/comment-page-1/#comment-1078555</link>
		<dc:creator>Brian Knapp</dc:creator>
		<pubDate>Mon, 29 Jun 2009 17:48:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/?p=38641#comment-1078555</guid>
		<description>Given the general monopoly sports leagues have in this country (MLB, NHL, NBA, etc.) I would say the NFL took the deal for granted.</description>
		<content:encoded><![CDATA[<p>Given the general monopoly sports leagues have in this country (MLB, NHL, NBA, etc.) I would say the NFL took the deal for granted.</p>
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