Friday, December 3, 2010
agency law
Read the following article on newly proposed legislation in California, which would regulate the field of sports agency. Layout the pros and cons of such legislation regulating who can and cannot serve as a sports agent, and then give me your personal opinion about the proposed law change.
Subscribe to:
Post Comments (Atom)
The pros are: The new requirements will make it more conservative to choose athlete agent, so this might eliminate the chances to hear about torts or law violations that might be committed in this agency relationship, such as fraudulent misrepresentation, negligence, or even crime.
ReplyDeleteThe Cons are: It will restrict people, who have the hobby or the will to become athlete agents, from achieving their goals in case they will not meet the new law's requirements. Although it is important to protect sport and athletes from law violators, the principal of any agency relationship voluntarily consent to deal with a particular agent, no matter who he or she is. The principal is implidely responsible even if the law doesn't consider that.
This comment has been removed by the author.
ReplyDeletePros- With the new limitations and regulations made by this new law, there will be more fairness in recruitment. All the same rules associated in this new law is for all sports agents regardless of the person's state of which they recruit athletes. As well, no more inappropriate recruitment techniques will be used.
ReplyDeleteCons- It does not dramatically overhaul the way agents operate, so there still may be some inappropriate acts for recruitment. Registration requirements by state to act as an agent, so it may dwindle or in fact eliminate the chances of those desiring to become a sports agent due to the demands of the state.
I believe this law should be passed, because there has always been inappropriate acts of recruitment throughout the nation for athletics, and has made the competition unfair in various aspects. This law makes it easier on recruiting and also puts agents on check before authorizing actions that may cost them more then the prospects they desire for, such as the ban of the NCAA USC Trojans from the bowl game for 2 years. -KEVIN PEREZ
Pro: "California would be able to decide who becomes a sports agent and the state would have the ability to deny or revoke a person’s authority to act as an agent," basically, this makes it fair for athletes and lessens their chances at suffering playing losses (as USC did). It also leaves less room for illegitimate recruiting mannerisms, and focuses more on qualifications. It also allows a student athlete to rescind a contract within 14 days of signing it, in case any discrepancies occur. In a nutshell, its more fair for the athletes (the principal).
ReplyDeleteCon: It obviously creates more restraints on people who wish to become sports agents.Detrimental to the agent as it gives the athlete or institution the right to sue. Less benefits to the agent.
I think it should be passed as it will yield stronger and more experienced agents, who are really willing to go through the regulations to pursue their passion of being a sports agent. Also, recruitment corruption will be mitigated.
Pros: It gives everyone a fair chance and make them all follow the same rules and regulations.
ReplyDeleteCons: I think it limits people and also there isnt enough information in the article to answer all the required info needed to understand the new law.
My opinion is that since the old ways had several problems including the recent ones, we should definetly give the new law a fair chance.
-Selina
Pros: This new law would regulate the sports agencies and choosing sports agents would be a more selective process. With the requirements, I think the sports athletes, especially the collegiate, would be given more of an equal opportunity for them to be recruited or drafted. The registration requirement and ability of the state to deny or revoke a person's authority to act as an athletic agent gives more power to the athletes themselves. Unfortunately I believe that most athletes are naive and stay loyal to their agents regardless if they have good intentions or not.
ReplyDeleteCons: The sports agents that have been in this business for many years have built strong relationships and connections amongst other teams and professionals. Passing this new law can give too much power to young arrogant athletes and cause hostility between agents and their athletes.
I believe by passing this law, the appropriate or inappropriate acts of sports agents can finally be regulated. The required certificate needed by the agents can assure that they have the athlete's true interest with good intentions.
This comment has been removed by the author.
ReplyDeletePros: It enforces agents to act with a higher level of transparency, which would in return promote fair dealings. It requires that an agent notify the principal that they are certified with the state, which helps talent wield out the swindlers and sharks. The law is enforced on the basis that if an agent violates these new rules the principal can sue for damages.
ReplyDeleteCons: While reading this, I couldn't help feeling as if state legislature is going a little to far. It doesn't seem like an issue the state government should be getting involved in. I also can see the 14 trial period to be ineffective. I can't imagine too much happening in a 14 day period. The law will also make it much harder for honest agents trying to get into the business.
I personally feel that SB 1098 is a double edged sword. It increases the size of government to regulate business, yet it provides a safer work environment for talent. It comes back to the balance of liberty and personal responsibility. Me being the crazy liberal I am, would most likely agree towards the intended direction of the bill.
-Andrew Movsissian
Pros: Athletes would gain the most benefit out if this new law is passed. Athletes would have better qualified agents for their job. With the current law agents do not have any motive to do what is right. They just do whatever creates the most profit for them and for the athlete even if it means doing something unethical. Also courts will have better guidelines in case a problem arises between the agent and the athlete. The article points out some important benefits that athletes would gain, which are:
ReplyDelete1. An athlete would be able to sue his/her agent for the damages caused by the agent.
2. An agent would be required to carry a trust fund for the athlete’s salary, so the agent is not able to screw up the athlete.
3. Young inexperienced athletes would have a limited time to rescind their contract in case they realize the contract is not the most beneficial choice for them at the time.
Cons: It would be harder for the regular guy to become an agent. This new law would create an extra burden for the agents. They would need to meet certain requirements and follow certain regulations. They will not just do something unethical for their profit because they might get sued for it.
Edvard Manvelyan
Pros:First, the proposed law allows for greater protection of the athlete. These would include the ability to sue an agent for damages and the agent being required to set up a trust fund for the athlete Second, the agent could be further regulated by the state. These regulations would include the ability to be denied or refusal of the ability to be agent.
ReplyDeleteCons: The cost of being an agent will go up. Therefor, this might make it harder for athletes to use an agent.Second, the law puts more burden on the government to provide these regulations. Which, might increase the budget deficit, if not paid for through some other means. Third, this law might derail potential agents from being agents. Which in turn, might decrease the amount of agents. Which then, might make the agent business less competative.
In conclusion, I feel that this law in the long run will help the sport agent business run better through regulating a business that doesn't have much regulation at all.These regulations will be able to help prevent issues such as the problem with USC.
The law provides a greater protective barrier between an athlete and his agent. It requires agents to have a certain professionalism in their practice. It also makes the agent make sure the athlete knows what exactly the terms of the contract when the athlete signs one with an agent. The problem is that the relationship between a sports agent and a athlete, I believe, should be a kind of brotherhood or sister with each looking out for each other. The sport agent needs to feel that he can trust his client that he will act professionally on the field as well as the athlete needing to be able to trust the agent that he will do the same in the office. I think this law decreases the amount of sports agents out there, making the business all about doing business. The athlete will disconnected and may become a pawn for bigger deals regarding their contracts.
ReplyDeleteCons:
ReplyDelete-it would require a lot of the already well known sports agents to go and get a certificate
-some might not be able to get a certificate and lose the opportunity to become sports agents
-the athletes would not be able to freely choose their agents, instead they would have to choose from certified ones
-it changes the old ways of how agents worked
-the athlete has 14 days rescind a contract
Pros:
-more regulated and orderly way
-things like the USC stuff would not happen since it would be more regulated
-not anyone would be able to be an agent, it would give an extra step of making sure someone wants to b an agent
-the certificate would insure that the agent actually know the "rules"
-the license can be revoked
Personal opinion:
I think this law could be a good thing. Because it would make everything a little more, smoothly. The rules would insure everything goes much better and such. Also the revoking thing could come in handy so the agent who makes a mistake and would regularly be able to buy their way out of it, now will lose their certificate.
Pros: it will be easier to hold sports agents accountable (bribing) * it will make it easier for students who change their minds right after singing * just like real estate, it will be easier to monitor and become a more uniform system * it will eliminate agents who act fraudulent
ReplyDeleteCons: ? Honestly I don't see any
I think this is great. Why didn't anyone think of this before ? Ever everything from nail salons to car insurance is regulated and requires a lisliscence. Sports agents should not be an exception.
com
The pros about this are the students athletes will not have to worry about if they can trust their agent. The colleges do not have to worry about anymore scandals because agents now have to be approved through the state. It will allow agents to operate on a legal system and not their own rules.
ReplyDeleteThe cons would be the agents do not have the free reign like they used to, which could help a student athlete in certain situations. Another con would be many agents will not get approved through the state because they may not reach requirements which may make it more difficult for a student athlete to acquire a agent. I feel it is a good system to have in place personally because many of the agents are working illegally and getting students in trouble as well as colleges. The agents know the ins and outs where as the student does not know anything, so it will give students and colleges a better way to monitor the agents work and behavior.
-Enrique Bautista
Pros: The law makes sure that there is a more complete regulation of athlete agents and further protects the student athletes and the universities they are a part of. This will give the athletes more qualified and professional agents. It also provides more detailed information of what needs to be in the contract.
ReplyDeleteCons: Based on the information in the article, I still think there may be loopholes. Some agents may still be able to get away with things. Also, this will make it harder for new agents to get a job and it may also cause current agents to lose theirs.
I think this law has some benefits but I don't think it is necessary for the state to focus on this. The government has a lot of of important things to take care of instead of spending time and money on regulating sports agents.