Is a lawsuit on the NBA’s horizon?

6 08 2009

Over the past few days, Maurice Clarett’s name has re-emerged in the news. The former Ohio State running back is currently in prison and was being talked about in the media because of his decision to withdraw his request for early release. Clarett was sentenced in Sept. 2006 to serve at least 3 1/2 years in prison for charges of aggravated robbery and carrying a concealed weapon.

He was seeking clemency in order to try a football comeback as soon as possible, perhaps even in the NFL. With the chances of an early release very unlikely, and the possibility of parole sometime next year for good behavior, Clarett decided to stick it out.

You might be wondering how Clarett relates to the NBA’s age policy. The correlation goes back to the bold decision he made in 2003. After being suspended by Ohio State for the 2003-04 season for rules violations, Clarett sued the NFL for the right to enter its draft. League rules specify that in order to be eligible for the NFL draft, a player is required to be either three years removed from their high school graduation or graduation of the class year with which they entered high school, whichever is earlier.

“He was precluded from playing at Ohio State because of supposed NCAA violations,” says Alan Milstein, Clarett’s lawyer in the case. “He had no other place to go. He was ready to play football. They were ready to hire him. And he just needed to get into the draft.”

In 2002, Clarett came to Ohio State highly-touted and almost immediately showcased his talent as he became the first Buckeye freshman to open the season as the starting running back since 1943. He capped his superb first, and what would be only, season in college football by scoring the winning touchdown in double overtime against Miami to give Ohio State its first national championship in 34 years. On Sept. 10, 2003, a little more than eight months after the title game, Ohio State suspended him for his entire sophomore season. Less than two weeks later, Milstein filed the lawsuit that would challenge the NFL’s policy.

Alan Milstein and Maurice Clarett were all smiles after beating the NFL in district court in Feb. 2004. Three months later, the decision would be overturned in circuit court.

Alan Milstein and Maurice Clarett were all smiles after beating the NFL in district court in Feb. 2004. Three months later, the decision would be overturned in circuit court. (AP photo)

In Feb. 2004, Clarett scored a victory in district court, briefly opening entry into the NFL draft for underclassmen and preps. However, the NFL appealed the ruling in circuit court. On April 19, 2004, days before the draft, the U.S. Court of Appeals for the 2nd Circuit suspended the district court’s ruling, thus blocking Clarett from the draft. Clarett filed two separate appeals to the U.S. Supreme Court in the days following the circuit court’s decision, but to no avail. Finally, on May 24, the 2nd Circuit made its decision and ruled against Clarett, forcing him to wait until 2005 (when he would be eligible) to enter the NFL. The loss was a crushing blow for Clarett and precipitated his incredible fall. The setback was also tough for Milstein, who has made a successful career out of helping his clients challenge authority and those in power.

“The 2nd circuit was wrong in the way that they ruled on the case,” says Milstein with conviction. “We won at the district court level, lost at the 2nd circuit. We shouldn’t have lost, we should have won.”

Milstein disagrees with skeptics that say football is a different beast than the other pro sports. Surely the physicality of the sport gives the NFL legitimacy in requiring players to be at least three years removed from high school. Right?

“The best hockey player in the world [Sidney Crosby] came out of high school,” says Milstein. “I think the NFL is a kid’s game compared to the NHL as far as the level of violence. If the players are ready to play, they will get drafted. If they’re not ready to play, they won’t make the team.”

Milstein is a staunch proponent of no age limits in professional sports and thinks the policies that professional leagues set run deeper than just meeting their own interests. “I think it’s an outrageous policy [setting age limits], perpetuated by an agreement by the … pro teams to help the NCAA,” says Milstein.

Asked if he would have any interest in challenging the NBA’s policy if he was approached by a client, Milstein replies, “Absolutely.” Spencer Haywood did challenge the NBA — and won — but that was back in 1971. Since the NBA’s new age policy took effect with the 2006 draft, nobody has bothered to contest it in court. Just last year, Brandon Jennings chose to play in Italy for one season instead of trying his luck in the judicial system.

It must be pointed out that this is just speculation and it is unknown if a lawsuit was ever considered by Jennings. Perhaps one day though, a youngster will come along and view litigation as the quickest path to the NBA.

What do you think will happen? Please vote below.





Reviewing the 2008 NBA draft

30 07 2009

This is the fourth in a five-part series reviewing the NBA draft since 2005.

The number of freshmen selected in the first round of the 2008 NBA draft (10) increased by two from 2007. That means one out of every three selections in the first round was a freshman who conceivably could have already been in the league had it not been for the age limit. The first five freshmen taken would almost certainly have been good enough to enter the draft straight from high school.

In order, the freshmen selected in ’08 were: No. 1 Derrick Rose, No. 2 Michael Beasley, No. 3 O.J. Mayo, No. 5 Kevin Love, No. 7 Eric Gordon, No. 11 Jerryd Bayless , No. 14 Anthony Randolph, No. 19 J.J. Hickson, No. 23 Kosta Koufos, and No. 28 Donte Greene. Thus, seven of the 14 lottery picks by NBA teams were spent on one-and-done players, an increase of one from 2007.

Rose, Beasley, Mayo, Love, and Gordon all played significant roles and averaged double figures in scoring in their first seasons. Rose (AP photo) was named the Rookie of Year and helped his Chicago Bulls stretch the defending champion Boston Celtics to a Game 7 in the first round of the playoffs. Mayo led all rookies in scoring at 18.5 points per game.

Chicago Bulls point guard Derrick Rose won the 2008-09 NBA Rookie of the Year award while averaging 16.8 points and 6.3 assists per game.

Chicago Bulls point guard Derrick Rose won the 2008-09 NBA Rookie of the Year award while averaging 16.8 points and 6.3 assists per game.

Despite their fast success, the top two players from last year’s draft have not been able to avoid controversy over their one-year college careers. The NCAA is investigating Memphis‘ basketball program over allegations that Rose’s SAT results were tampered with. Meanwhile, USC is also under investigation for allegations that former coach Tim Floyd paid money to an adviser who then steered Mayo to the Trojans. Both schools could face serious punishments, including the vacating of Memphis’ brilliant 2008 season. The Tigers won an NCAA regular season-record 38 games that season and advanced all the way to the national championship game.

It is likely that similar investigations will continue to pop up every now and then until the NBA and NCAA find a better solution to the current rules. For players who just want to play basketball and begin their pro careers, college can be seen as a waste of time at this point in their lives. Many only go because it’s the next stepping stone. The growing number of one-and-done players hurts both the college and pro game. Top schools lack continuity in their programs and constantly have to decide the risks and rewards of taking on a one-and-done player. Meanwhile, NBA teams get players who are high on talent but low on experience.

Here are the number of selections in the ‘08 draft based on experience (first-round total in parenthesis):

- Freshmen: 12 (10)
- Sophomores: 9 (8)
- Juniors: 8 (3)
- Seniors: 19 (5)
- Foreigners: 11 (4)
- NBDL: 1

For the ’08 draft, 35% of the players taken were underclassmen (sophomores or lower). A whopping 60% of the first-round picks were either freshmen or sophomores. It is probably safe to say that the 2008 draft is the beginning of a new era where we will see the majority of first-round picks be spent on freshmen or sophomores. The most talented players will usually come out early and NBA teams will want to snatch them up before going for more polished upperclassmen. The league will covet youngsters because teams can lock them in for three years on the rookie pay scale, saving them millions of dollars before they finally have to spend the kind of cash worthy of star players.





Reviewing the 2005 NBA draft

8 07 2009

This is the first in a five-part series reviewing the NBA draft since 2005.

The 2005 NBA draft was the last one to allow entry to players directly out of high school. Nine of the 60 selections in that draft turned out to be preps. The final nine players to turn pro from high school are: Martell Webster (No. 6 overall), Andrew Bynum (No. 10), Gerald Green (No. 18), C.J. Miles (No. 34), Ricky Sanchez (No. 35), Monta Ellis (No. 40), Louis Williams (No. 45), Andray Blatche (No. 49),  and Amir Johnson (No. 56).

Of the nine, Sanchez is the only one not currently in the league. Webster, Bynum, Miles and Ellis are regular starters for their respective teams while Green, Williams and Blatche are complimentary players. Johnson, on the other hand, has yet to make a meaningful dent in the NBA. Here are brief capsules on each player:

Martell Webster: One of the key players on a young Portland Trail Blazers team. Webster (AP photo below) broke out in the 2007-08 season when he started 70 of the 75 games he played in and averaged a career-high 10.7 points a game. His growth was slowed this past season as he missed the entire year with a severe foot injury.

Martell Webster was the first of nine high schoolers taken in the 2005 NBA draft, the last one allowing direct entry into the league.

Martell Webster was the first of nine high schoolers taken in the 2005 NBA draft, the last one allowing direct entry into the league.

Andrew Bynum: Fresh off his first NBA championship with the Los Angeles Lakers, Bynum is one of the NBA’s top young centers. His breakout came in 2007-08 when he averaged a double-double. Injuries,  though, have limited him to just 85 regular-season games the past two seasons.

Gerald Green: Currently with the Dallas Mavericks, his fourth NBA team. Injuries and inconsistency have limited Green’s career minutes per game average to just 16. His best season came in 2006-07 with the Boston Celtics as he averaged 10.4 points a game mostly coming off the bench. Green’s biggest achievement as a pro is winning the 2007 NBA slam dunk contest.

C.J. Miles: Coming off his best pro season as he started all 72 games he played in for the Utah Jazz. Playing more minutes than ever before, Miles averaged 9.1 points a game for a Jazz team that shares the ball well.

Ricky Sanchez: Had signed a letter of intent to play at the University of Memphis before changing his mind and entering the 2005 draft. The Trail Blazers drafted him but immediately dealt him to the Denver Nuggets for the rights to Jarret Jack. Sanchez played on the Nuggets’ summer league team but failed to make the NBA squad. Most recently was playing in the Puerto Rican league, CBA and NBDL.

Monta Ellis: Probably the most accomplished of the ’05 high schoolers drafted, Ellis (AP photo below) is one of the NBA’s rising stars. He established himself as a starter in his second season and is an explosive scorer who fits the Golden State Warriors’ run-and-gun style to a tee. Averaged 19+ per game over the last two seasons, despite playing in just 25 games last season due to injury. Ellis won the NBA’s Most Improved Player award for the 2006-07 season.

Monta Ellis scoring average increased by almost 10 points per game from his rookie season, earning him the NBA's Most Improved Player award for 2006-07.

Monta Ellis' scoring average increased by almost 10 points per game from his rookie season, earning him the NBA's Most Improved Player award for 2006-07.

Louis Williams: Has improved his scoring average in every season with the Philadelphia 76ers, including a career-high 12.8 this past season. Could break into the starting lineup next season if point guard Andre Miller leaves free agency. Williams could benefit from bulking up and working more on his ballhandling and passing skills.

Andray Blatche: Coming off the best season of his career, though it came out of necessity with the Washington Wizards having numerous injuries. Averaged 10 points and 5 rebounds in 2008-09, but for a player who’s 6-11 and 248 lbs., Blatche is considered somewhat soft and unsure of what type of player he wants to be. There are also questions about his motivation.

Amir Johnson: Has a 3.7 career scoring average in just 135 career games. Johnson remains a project at the pro level. The Detroit Pistons apparently ran out of patience and dealt him to the Milwaukee Bucks this offseason. The fresh start may help Johnson turn his career around.

The group of nine has mostly stayed out of trouble, though there have been some off-court issues which have raised maturity concerns. While rehabbing a knee injury this past season, Bynum was photographed at a Playboy party hoisting a playmate. Ellis irked Warriors personnel by lying about an ankle injury before the start of last season. He originally said he was injured playing a pickup game in August but it was later revealed that a low-speed moped accident caused the damage. Riding a moped was in violation of his contract and Ellis was suspended 30 games by the team, though he wouldn’t have played in those games anyways because of the injury. Finally, Blatche had an embarrassing arrest in August 2007 where he was charged with sexual solicitation. Blatche has also been cited before for driving on a suspended license and in his rookie year was the victim of an attempted armed carjacking. Blatche suffered gunshot wounds but recovered to appear in 29 games that year.

Here are the number of selections in the ’05 draft based on experience (first-round total in parenthesis):

- High School: 9 (3)
- Freshmen: 1 (1)
- Sophomores: 7 (4)
- Juniors: 11 (9)
- Seniors: 18 (9)
- Foreigners: 14 (4)

Going with my simple classification of underclassmen as sophomores and lower, that means that roughly 28% of the 2005 draft was underclassmen. And that’s not even taking the foreign players into account, many of whom are just as young in most cases.

Forty of 60 players selected were on NBA rosters at the end of the 2008-09 season, including 16 starters. Three starters were taken in the second round: Ellis, Miles and the  Minnesota Timberwolves’ Ryan Gomes.





The ‘godfather of basketball’

22 06 2009

For John Paul “Sonny” Vaccaro, there are three things more important than anything else in life: “The God you believe in, your family, and earning a living.”

Vaccaro certainly made good on the last point, spending nearly three decades as a highly successful shoe company marketing executive and trusted adviser to some of the greatest basketball players ever seen.

The man who signed Michael Jordan to his first sneaker deal in 1984 and has served as a close confidant to the likes of Kobe Bryant, Tracy McGrady and LeBron James, to name a few, stepped away from his professional career two years ago.

Vaccaro, however, remains an influential figure in basketball. With Vaccaro’s assistance, Brandon Jennings, a talented point guard from Compton, Calif., left to play professionally in Italy after high school last year, forgoing college altogether.

Earlier this year, Vaccaro gave the same blessing to Jeremy Tyler, a 17-year-old standout from San Diego. Tyler, though, is not just skipping college but also his senior year of high school.

The reason behind the pioneering moves made by Jennings and Tyler? The NBA’s 2005 collective bargaining agreement, which required that beginning with the 2006 draft all American players be at least 19 and a year removed from high school.

“In the easiest way to describe it, it was unfair. It wasn’t right because a precedent had been set very successfully in kids who do this,” says Vaccaro. “They don’t have the right to discriminate against your ability to earn a living. I just don’t believe that. Nobody. In any part of society.”

The precedent Vaccaro’s referring to is a 10-year period from 1995-2005 which saw many of the best high school players bypass college for the NBA. In total, 39 preps were drafted in that span, including stars such as Bryant, James, McGrady, Kevin Garnett, Dwight Howard, Al Jefferson, Rashard Lewis, Jermaine O’Neal, and Amare Stoudemire.

Making his case

Vaccaro has his own theories as to why the NBA would enforce an age limit.

“I think the most important reason they did it was that David [Stern], the NBA, can save on the contracts. If you make it 18-plus-one, or any discriminatory age, you automatically delay the future contracts by two or three years,” says Vaccaro. “It’s the third contract that’s the $100 million contract, it’s not the first rookie-based contract. There’s only four years guaranteed and two of them are team options. It’s the delaying the paying of the money, and David Stern and the NBA and the players’ association realize that they can delay the entry level of these kids.”

Vaccaro thinks the change is squarely about the money. He points out that NBA teams can save by holding on to veteran players at mid-level, or even minimum-level salaries, rather than having to open up their wallets for talented younger players.

Vaccaro also bristles at the notion that high school players aren’t ready for the grind of the NBA. To prove his case, he refers to the Cavaliers, Lakers, Magic and Nuggets – the final four teams (hypothetically, the four best teams) in this year’s NBA playoffs. Cleveland’s James, Denver’s J.R. Smith, Los Angeles’ Bryant and Andrew Bynum, and Orlando’s Howard and Lewis – all key contributors to their teams – made the jump from high school.

“Six of the key players, six of them. And they’re not just players,” says Vaccaro excitedly. “So how do you in good faith argue the point that they weren’t ready?”

Sonny Vaccaro signed Michael Jordan to his first shoe deal.

Sonny Vaccaro signed Michael Jordan to his first shoe deal.

If only it were that easy. For all the success stories, there have also been some colossal failures. Names like Jonathan Bender, Darius Miles, Kwame Brown, DeSagana Diop, Shaun Livingston, Robert Swift, and Martell Webster were all lottery picks that haven’t worked out. Others such as Korleone Young, Leon Smith, Ousmane Cisse, Ndudi Ebi, and James Lang barely even broke a sweat in the NBA or saw trouble off the court.

Still, Vaccaro thinks the blame should not rest on the players, successful or otherwise.

“If the professional bodies, the pro teams themselves, don’t think these kids can do it, don’t draft them. Don’t employ them! The thing that’s missing, and even to the public, is the very people who don’t want them to come play in their league, are the very people that draft them,” says Vaccaro.

Responding to criticism

In a May 12 USA Today story, Wally Renfro, an NCAA vice president and senior adviser to NCAA President Myles Brand, spoke negatively of Vaccaro.

“He helped create an environment in which the value of high school and college education has been diminished in the minds of many young basketball players,” Renfro told the newspaper.

When asked about Renfro’s comment, Vaccaro claimed a double standard.

“Wally Renfro’s group [the NCAA] took more money from shoe companies than any other organization in the history of corporate sponsorships. … If he thinks I did these things, then why did he not think I did these things in 1978 when we signed our first colleges?”

Indeed, Vaccaro was the first person to pay college basketball coaches for exclusive apparel deals. He later orchestrated similar agreements with the schools.

“So Wally’s blaming me, and I accept … I publicized and marketed the kids, I accept that. But I also want him to say in the same breathe, ‘Thank you Mr. Vaccaro and Nike for publicizing and marketing Maryland and Georgetown and North Carolina,’” says Vaccaro. “They all sell our products. We’re on their bookshelves, in their bookstores. They let me in the door! No matter who wants to say I demonized or didn’t demonize, it all got its start 30 years ago when they [the NCAA] took the money.”

The future

Vaccaro believes that the NBA will eventually lift the age requirement. If — as Jennings and Tyler have done — more players decide to play in Europe before gaining eligibility, Vaccaro thinks the league will have to react and come up with a resolution to its collective bargaining agreement.

“What Jeremy Tyler did is open the door to a wider spectrum of people. You know, now you’ve got 17-year-old kids who want to do it,” says Vaccaro.

The easy money is certainly hard to argue against. According to Vaccaro, Jennings made over $1 million in salary and endorsements during his one season playing in Italy. That is money “very hard for normal people with college educations to achieve with their degrees,” says Vaccaro.

The alternative is to go to college and become a ‘one-and-done’ player, or one that leaves for the NBA right after becoming eligible. There are a growing number of ‘one-and-done’ players and the ramifications of the NBA’s 2005 rule change are slowly becoming evident. Young NBA stars such as O.J. Mayo and Derrick Rose have been in the news recently for investigations of NCAA rule violations that have been black eyes for the basketball programs at Southern California and Memphis.

Vaccaro makes it very clear that he is not against youngsters getting their educations. For most of his clients, going to college to forward their basketball careers is the right decision. Only a very selective group of high school players is physically capable and talented enough to make the jump to the NBA. For the few preps that fit that description and come from humble means, the choice between going to college or turning pro is often very clear.

“How do they [critics] beat me up? How do they beat this whole system up? When someone can take themselves off of welfare basically and have money in the bank,” says Vaccaro. “Isn’t it interesting? These kids are doing it the right way; they’re trying to make a living with their talent. We’re talking about people capable of earning money legally — without resorting to any criminal activity!”





A little bit more about the project

11 06 2009

I thought I’d take some space to explain the name and the appearance of the site. The name ‘Hoop Teens’ is a small play on ‘Hoop Dreams,’ a really good 1994 documentary that followed two high school players from Chicago who dreamed of playing professionally. The term ‘hoop dreams’ serves as an accurate description for the hopes and aspirations of young basketball players. Thus, I changed ‘dreams’ to ‘teens’ (though, all of the underclassmen I’ll talk about won’t necessarily be ‘teens’) and came up with what is hopefully a somewhat catchy and poignant name. If anyone has a better idea, let me know!

Now that I’ve cleared that up for you, can you identify the seven players pictured in the header? My guess is even the casual NBA fan will know five of them. From left to right they are Spencer Haywood, Kevin Garnett, Kobe Bryant, Kwame Brown, Dwight Howard, LeBron James, and Brandon Jennings.

Haywood is up there because he successfully sued the NBA in 1971 to pave the way for college underclassmen to enter the draft. Haywood was recently in the news because he feels like he’s being forgotten for the role he played. I’ve obtained Haywood’s contact information and hope to interview him and write a piece on his experience.

Garnett, Bryant, James and Howard are up there because I feel like they embody the best-case scenarios of making the jump from high school to the NBA. They are perennial All-Stars and only Howard lacks a league MVP award, but he still has a long career ahead of him. Garnett and Bryant have championship rings, while LeBron has reached the Finals before and Howard’s Magic are currently fighting Kobe’s Lakers for the crown. These guys will admittedly be hard to track down and talk to, but I’ll try and see what I can do. Regardless, there will be parts of the project that will touch on the success stories.

Brown was included because he’s the posterboy for a straight-from-high-school-to-NBA player that didn’t pan out. In 2001, Brown became the first high school player drafted No. 1 overall when the Washington Wizards selected him.  Brown is now with the Detroit Pistons, his fourth team in his disappointing eight-year career where he has averaged 7 points a game.  The Washington Post‘s Sally Jenkins wrote a terrific piece in April 2002 chronicling Brown’s rookie year and foreshadowing his struggles. Parts of my project will also focus on high schoolers who failed to make the leap.

The last player in the header is Brandon Jennings. If you haven’t heard of him, you soon will. Jennings set a precedent last year when he chose to go play in Europe (and make money) rather than attend college for one year. After a season in Italy, Jennings is entered in this year’s draft and expected to be a lottery pick. I’m hoping to track him down for an interview, as well as Jeremy Tyler (AP photo below), a player from San Diego who will be skipping his senior year of high school to play in Europe for two years before entering the NBA draft.

tylerx