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A-Rod Aftermath: What about the 103 Other Names?

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

I have a new SI.com column on how the legal process intersects with possible disclosure of the names of the 103 Major League Baseball players (plus Alex Rodriguez) who tested positive for steroids. Here is an excerpt:

Through various means, player agents may likewise be aware of at least some of those names, and they could publicly reveal those names over time. Rival agents or agents for rival players might, for instance, leak damaging information about the other's clients. Legal and ethical responsibilities for agents remain a murky area of law, particularly since while agents who are attorneys are normally bound by provisions in the American Bar Association Model Code of Responsibility, non-attorney agents are not. Agents of MLB players must be certified by the MLBPA and are expected to follow the MLBPA's rules for agents. Still, leaks by agents do occur and are difficult to police.

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One party not mentioned above may be the one with the greatest interest in the 103 names: Bud Selig, the commissioner of MLB. As commissioner, Selig possesses the "best interests of the game" authority, a purposefully vague concept, found in baseball's constitution (the Major League Agreement, originally drafted in 1921) and one that has been interpreted in various ways over the years by different commissioners. Selig might conclude that the 103 unknown names will hang over baseball like a black cloud, damaging the game and endangering its credibility with fans, many of whom, due to the economy, may already be inclined to attend fewer games and buy less merchandise. Although it would likely lead to legal objection by the MLBPA, Selig could release the 103 names (if he is aware of them) or demand that the MLBPA does so. Such moves would likely trigger a dramatic showdown between the league and the players, a provocative, though ultimately sad situation that could only exist in this Steroid Era of baseball.

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For the rest, click here. My thanks to Brian Packney of Bleacher Report for his kind words about this column. I also discussed the A-Rod situation on The Fox News Channel and with Lou Dobbs.

Full post as published by Sports Law Blog on February 11, 2009 (boomark / email).