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

Harvard Sports and Entertainment Law Journal, Vol. 4(2), pp. 145-189

46 Pages Posted: 21 Aug 2012 Last revised: 19 Sep 2013

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: 2013

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

Suggested Citation

Edelman, Marc, Disarming the Trojan Horse of the UAAA and SPARTA: How America Should Reform its Sports Agent Laws to Conform with True Agency Principles (2013). Harvard Sports and Entertainment Law Journal, Vol. 4(2), pp. 145-189. Available at SSRN: https://ssrn.com/abstract=2132123 or http://dx.doi.org/10.2139/ssrn.2132123

Marc Edelman (Contact Author)

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

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