Oct
11

A Discussion Of The October 2010 MLBPA Regulations Governing Player Agents

I am happy to announce that my newest law review article, In Baseball’s Best Interest?: A Discussion of the October 2010 MLBPA Regulations Governing Player Agents, has been published in the Spring 2011 Virginia Sports & Entertainment Law Journal.  The official citation to the article is 10 Va. Sports & Ent. L.J. 249 (type it into a Westlaw or LexisNexis search).

The following is the Abstract from the article:

This article argues that the Major League Baseball Players Association (MLBPA) Regulations Governing Player Agents (as Amended Effective October 1, 2010) are well intentioned, but unenforceable and not in the best interests of MLB players.  Part I of this article discusses the evolution of MLBPA Regulations Governing Player Agents.  Part II discusses the justification for establishing new Regulations in 2010.  Part III examines the new provisions written into the 2010 Regulations.  Part IV explains why many new provisions will be largely unenforceable by the MLBPA.  Part V discusses whether the 2010 Regulations are in the best interests of MLB players.  Part VI proposes a new set of provisions for the MLBPA to consider for future amended Regulations, how they should be enforced, and why they are more aligned with MLB players’ interests.

And this is the final paragraph:

We have no doubt in our minds that the MLBPA had good intentions when it drafted the 2010 Regulations, and we certainly believe that the MLBPA considered the best interest of the Players it has a duty of protecting. However, the Regulations themselves must strike a balance between expanding, to encompass all actors “representing” and “recruiting” Players, and ensuring that it has enough manpower to enforce the Regulations it promulgates. A piecemeal solution that does not cover all bases is no solution at all, and is not in the best interest of baseball.