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Sport Agents and Amateur Athletes

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Sport Agents and Amateur Athletes
Sport Agents and Amateur Athletes
Katie Brown
7/18/2013

Introduction
Sport agents typically handle contract negotiations for athletes, as well as any public relation issues, finance issues, and endorsement deals (Evans, 2010). Over the years, however, sport agents have become more to athletes than just a contract negotiator; they have taken upon the additional tasks of marketing their client’s ability, persona, and brand. With the increasing friction from collegiate athletes over the fact that they continue to be unpaid while simultaneously generating millions in revenue, agents look increasingly more inviting with the cars, money, and gifts they offer promising young amateur athletes. The competition to acquire these young star athletes has become intense, and agents are willing to give or do whatever it takes to get the athlete to sign on the dotted line for representation.
As of 2006, the NFL Player’s Association reported that there were over 1800 certified player agents. Of these 1800 active agents, less than half had an actual client (Davis, 2006). This sentiment is echoed throughout the other major leagues; many agents have no clients and subsequently have to resort to unethical tactics to find the next big star athlete that can continue to provide revenue streams. Agents have shown that they are willing to do anything for collegiate recruits and can be harmful to the athlete in question’s reputation. Furthermore, the universities with which the athletes have signed can suffer the consequences even if the university had no knowledge of any unethical transactions.
In terms of ethical approaches that sport agents or players may take in regard to certain situations, many of the ones frequently reported in the news and through the media react to ethical situations with a teleological approach. The NCAA and federal rules and regulations for sport agents and amateur athletes clearly take a



References: Crowley, J. C., & Gault, C. C. (1993). Unscrupulous agents and the amateur athlete. Loyola of Los Angeles Entertainment Law Review, 14, 43-74. Davis, Timothy, Regulating the athlete-agent industry: intended and unintended consequences (2006). Wake Forest Univ. Legal Studies Paper, 900620. Evans, S Fraley, R. E., & Harwell, F. R. (1989). Sports law and the evils of solicitation. Loyola of Los Angeles Entertainment Law Review, 9, 21-44. Geisel, J. (2007). Disbarring jerry maguire: how broadly defining "unauthorized practice of law" could take the "lawyer" out of "lawyer-agent" despite the current state of athlete agent legislation. Marquette Sports Law Review, 18(1), 225-250. Gershwin, J. (2003). Will professional athletes continue to choose their representation freely? an examination of the enforceability of non-compete agreements against sports agents. U. Pa. Journal of Labor and Employment Law, 5(3), 586-611. Hanson, L. S. (1996). The florida legislature revisits the regulation and liability of sports agents and student athletes. Stetson Law Review , 25, 1068-1085. Heitner, D. A. (2009). Duties of sports agents to athletes and statutory regulation thereof. Darmouth Law Journal, 7(3), 246-259. Mills, M. (2012). There is no need to reinvent the wheel. Seton Hall Journal of Sports and Entertainment Law, 22(2), 345-379. Ring, B. I. (1987). An analysis of athlete agent certification and regulation: new incentives with old problems. Loyola of Los Angeles Entertainment Law Review, 7, 320-337. Schlenker, B. R., & Forsyth, D. R. (1977). On the ethics of psychological research. Journal of Experimental Social Psychology, 13, 369-396. Shropshire, K. L. (1989). Athlete agent regulation: proposed legislative revisions and the need for reform beyond legislation. Cardoza Arts & Entertainment, 8(85), -112. Stiglitz, J. (1997). A modest proposal: agent deregulation. Marquette Sports Law Review, 7(2), 361-374. Weston, M. A. (2011). NCAA sanctions: assigning blame where it belongs. Boston College Law review, 52(2), 551-586. Willenbacher, E. (2012). Regulating sport agents: why current federal and state efforts do not deter the unscrupulous athlete-agent and how a national licensing system may cure the problem. St. John 's Law Review , 78, 1225-1258.

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