by Christopher Bradley, 3L Contributor
Rodriguez has released a statement
vehemently denying these recent allegations; despite his name showing up in the
records Biogenesis keeps 16 times. In
2009, Rodriguez openly admitted that he “dabbled” in the use of PEDs between
2001 and 2003 while playing for the Texas Rangers. He cited the immense pressure he was under to
perform after signing the 10-year $252 million mega contract, the first of its
kind. At the time of this admission, the
Yankees took no action against Rodriguez, in 2007, he had signed yet another
mega contract, this one being a 10-year $275 million albatross that included
millions in incentives for potential record breaking numbers. At the time of this contract it, was
universally believed that Rodriguez was a “clean” player and would someday
break the all-time homerun record set by proven PED user, Barry Bonds.
Christopher
is a third-year day division student at Duquesne Law School. He earned his bachelor’s degree at Duquesne,
studying political science and history. Christopher is interested in contract
and bankruptcy law as well as being an avid baseball fan, he hopes to work in
the front office of an MLB team. He may be reached at bradleycs1@gmail.com.
A recent Miami New Times report implicated several Major League Baseball
players in widespread use of Performance Enhancing Drugs (PEDs) provided by the
Miami-based anti-aging clinic, Biogenesis.
Some of the more recognizable names include Washington Nationals pitcher
Gio Gonzalez, Texas Rangers outfielder Nelson Cruz, and proven PED users, Oakland
Athletics pitcher Bartolo Colon, Toronto Blue Jays outfielder Melky Cabrera,
San Diego Padres catcher Yasmani Grandal, and New York Yankees third baseman Alex
Rodriguez.
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It has been widely reported that the
Yankees will attempt to void Rodriguez’s contract, if they are successful, they
will not have to pay the remaining $114 million owed to him and will set a
precedent that could allow teams to void albatross contracts left and right. This is not the first time the Yankees have
attempted to void a contract for a proven PED user. In 2004, when it was revealed that first
baseman Jason Giambi used PEDs after he testified in front of a grand jury
during the BALCO investigation. The
Yankees were unsuccessful in this attempt because Giambi’s contract had
specific language preventing such action from being taken. All MLB contracts have moral clauses,
preventing teams from voiding contracts based on, among other things, PED use. No team will be successful in voiding a
player’s contract unless there is specific language regarding PED use. The general consensus is that Rodriguez’s
contract contains similar language to Giambi’s deal.
Under Major League Baseball’s
collectively bargained Joint Drug Prevention and Treatment Program Section 7,
paragraph M states, "All authority to discipline Players for violations of
the Program shall repose with the Commissioner's Office. No Club may take any
disciplinary or adverse action against a Player (including, but not limited to,
a fine, suspension, or any adverse action pursuant to a Uniform Player's
Contract) because of a Player's violation of the Program." Furthermore, the Yankees will more than
likely be unsuccessful in voiding the contract because after the 2009
admission, and their failure to take action against Rodriguez, it can be said
that they legally “ratified” his behavior.
It is unclear what will come of
Rodriguez’s situation, many reports say that the Yankees front office is exploring
other avenues in order to void his contract and effectively end his career. One thing is for sure; Major League Baseball’s
PED problem is far from over.
