Disarming the Trojan Horse of the UAAA and SPARTA: How America Should Reform its Sports Agent Laws to Conform with True Agency Principles

Abstract

The accompanying article argues that most sports agent laws subordinate athletes’ interests to those of the National Collegiate Athletic Association (“NCAA”), and that sports agent law needs to change to better protect both professional and amateur athletes. This article is timely in light of the Uniform Law Commission’s recent decision to amend the Uniform Athlete Agents Act to encompass a broader range of concerns. In addition, this article builds upon recent literature that calls into doubt the legitimacy of the NCAA’s power within American society.

Keywords: agent, sports agent, fiduciary, principal, NCAA, UAAA, SPARTA, sports, sports law, law, Muhammad Ali Act, Investment Advisers Act, Miller-Ayala Act, Uniform Law Institute, legislation, college, athlete, conflict of interest

JEL Classification: L83, I20, I28, J30, J38, J41, J44, K12, K13, K20, K23, K31, K42, K50, Z1, Z10