Duties of Sports Agents to Athletes and Statutory Regulation Thereof
I was recently published in Volume 7, Issue 3, Fall 2009 of the Dartmouth Law Journal. The title of the piece is, Duties of Sports Agents to Athletes and Statutory Regulation Thereof. I think that this will be a good read for anyone who is a regular visitor of this site.
Abstract: The Sports Agent Responsibility and Trust Act of 2004 (SPARTA) and the Uniform Athlete Agents Act (UAAA) have helped protect student-athletes and educational institutions against the harmful acts of unscrupulous sports agents. Statutory regulations have not adequately enforced agents’ duties to all athletes. Furthermore, while aspects of agency law, such as the Racketeer Influenced and Corrupt Organizations (RICO) Act, player association regulations, and various Bar Association rules have helped fill some of the gaps, there remains a need for increased supervision over the sports agent profession. This article argues that student-athletes should have a statutory right to enforce the duties of sports agents and that all sports agents should have to be licensed under a federal registration system. In addition, it describes the need for a self-regulatory commission of sports agents to help weed out the unscrupulous agents who fail to fulfill their duties in the representation and solicitation of any athlete.
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