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86 Tul. L. Rev. 465 (2011-2012)

handle is hein.journals/tulr86 and id is 469 raw text is: COMMENTS The Illusion of Amateurism: A Climate of Tortious Interference in the World of Amateur Sports Craig D. Alfred* When a player-agent pays an NCAA-eligible player i Piolation of NCAA regulations, the agent usually suffers no consequences. Instea4 players and the universities they attend aie sanctioned often harshly Attempts to find a solution to this pmoblem-NCAA rgulations, regulations ofprofessionalplayes associations, and state and fedemal legislation--have thus far been unsuccessful There is a potential rmedy however: the tortious interference with contactual relations clain. When a giled student-athlete decides to attend and play a port at an NCAA -member university the student-athlete typically receives a scholarship offer fwm the school and signs a National Letter of Intent. Tis Comment establishes that these document together create a binding contractual relationship between the university and student-athlete. Thus, this Comment concludes, by dealing with a student-athlete i a manner that causes the student-athlete to violate his or her contractual obligation to follow NCAA regulations, the agent improperly iterfees with this contractual relationship, opening the agent up to liability to the univeisity for tontious interference with contractual mlations Finally this Comment analyzes why universities laigely have not yet taken advantage of this prmising claim. I. INTRODUCTION..................................... 466 II. FAILED SOURCES OF ENFORCEMENT AND UNUSED REMEDIES. .........................................469 A. NCAA Regulations ...................................469 B. ProfessionalPlayers Associations.......... ..... 471 C State and FederalLegislation......... ............. 472 1. Uniform Athlete Agents Act... ....................472 2. Sports Agent Responsibility and Trust Act...............474 3. American Bar Association Model Rules of Professional Conduct. ............... .....475 III. THE NATIONAL LETTER OF INTENT AND SCHOLARSHIP OFFER CREATE BINDING CONTRACTS BETWEEN UNIVERSITIES AND STUDENT-ATHLETES ..................476 A. Overview of the NationalLetter of Intent and Scholarshin Process... ........................476 B. Contract Formation and Validation..... ................... 477 * Q 2011 Craig D. Alfred. J.D. candidate 2012, Tulane University School of Law; B.A. 2009, Tulane University. The author would like to thank Professor Gabe Feldman for his inspiration, the members of the Tulane Law Review for their editing expertise and diligence, and his wonderful friends and family for their patience. 465

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