BAMA JAMMA said:I really do wish there was some sort of violation ($$$) to agents if they are caught going after a college athlete. I mean if the kids can't talk to them, then why should they be allowed to without being fined or reprimanded?
We could, and probably should, delve deeper into this issue in a separate thread, but there are a number of reasons why what you suggest will not really fly.
First and foremost is that it is not illegal for two adults to enter into negotiations for a future business relationship UNLESS one of the parties is already in a contractual relationship with another party. Then, the third person could be held in civil violation of a tort for intentional interference with a contract.
However, for your desire to apply, then the NCAA and its member schools would have to argue that the scholarship arrangement with a player is in fact a legal 'contract.' And that will NEVER happen in the current form of the scholarship terms because the NCAA and the schools would IMMEDIATELY subject themselves to the Sherman Act (antitrust). The NCAA and the schools would immediately be guilty of trying to restrict someone's ability to advance in their career by holding them to the terms of a 'contract' that is the result of collusion and arbitrarily restricts the 'income earning potential' of the players.
The NCAA suits will instead just publically posture themselves as the 'victims' of unethical agents. For to actually try to seek some real legislation to stop this 'evil practice' they would have to explain why they want protection of their 'contractual relationship' that denies the players the ability to be compensated according to their abilities. Don't hold your breath.
