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LAW (689 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 19)
Acta Politica     Hybrid Journal   (Followers: 13)
Acta Universitatis Danubius. Juridica     Open Access  
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adelaide Law Review     Full-text available via subscription   (Followers: 19)
Administrative Law Review     Open Access   (Followers: 38)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 6)
African Journal on Conflict Resolution     Open Access   (Followers: 15)
Afrilex     Open Access   (Followers: 4)
Air and Space Law     Full-text available via subscription   (Followers: 18)
Akron Law Review     Open Access   (Followers: 3)
Al Ihkam : Jurnal Hukum & Pranata Sosial     Open Access   (Followers: 1)
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 9)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 1)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 13)
Amazon's Research and Environmental Law     Open Access   (Followers: 2)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 51)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 15)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American journal of legal history     Full-text available via subscription   (Followers: 4)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 15)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access  
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 12)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Arizona Law Review     Open Access   (Followers: 3)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 5)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 2)
Art + Law     Full-text available via subscription   (Followers: 11)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 10)
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 6)
Asian Pacific American Law Journal     Open Access   (Followers: 2)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 8)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 10)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 15)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 19)
Ave Maria Law Review     Free   (Followers: 2)
Badamai Law Journal     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 7)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 5)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 20)
Beijing Law Review     Open Access   (Followers: 7)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 11)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Bond Law Review     Open Access   (Followers: 17)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 8)
Boston College Law Review     Open Access   (Followers: 17)
Boston University Law Review     Free   (Followers: 10)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 7)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access  
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 2)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers, Droit, Sciences et Technologies     Open Access  
California Law Review     Open Access   (Followers: 19)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 2)
Cambridge Law Journal     Hybrid Journal   (Followers: 133)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 1)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 10)
Catholic University Law Review     Open Access   (Followers: 2)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 3)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 16)
China-EU Law Journal     Hybrid Journal   (Followers: 4)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 3)
Chinese Law & Government     Full-text available via subscription   (Followers: 6)
Cleveland State Law Review     Free   (Followers: 1)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 12)
Columbia Law Review (Sidebar)     Open Access   (Followers: 13)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 33)
Conflict Trends     Full-text available via subscription   (Followers: 8)
Cornell Law Review     Open Access   (Followers: 7)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 2)
Cuadernos de Historia del Derecho     Open Access   (Followers: 5)
Cuestiones Juridicas     Open Access   (Followers: 1)
Current Legal Problems     Hybrid Journal   (Followers: 25)
Danube : The Journal of European Association Comenius - EACO     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription  
Deakin Law Review     Full-text available via subscription   (Followers: 14)
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 1)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 2)
DePaul Law Review     Open Access   (Followers: 1)
Der Staat     Full-text available via subscription   (Followers: 13)
Derecho PUCP     Open Access   (Followers: 3)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 3)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 6)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 6)
Duke Forum for Law & Social Change     Open Access   (Followers: 7)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 14)
Duke Law & Technology Review     Open Access   (Followers: 9)
Duke Law Journal     Open Access   (Followers: 25)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 1)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 20)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 22)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 10)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 16)
ERA-Forum     Hybrid Journal   (Followers: 5)
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 4)
Ethnopolitics     Hybrid Journal   (Followers: 4)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 4)
EU agrarian Law     Open Access   (Followers: 3)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 16)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 8)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 3)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 4)
European Law Journal     Hybrid Journal   (Followers: 122)
European Public Law     Full-text available via subscription   (Followers: 32)
European Review of Contract Law     Hybrid Journal   (Followers: 22)
European Review of Private Law     Full-text available via subscription   (Followers: 29)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 2)
Evaluation Review     Hybrid Journal   (Followers: 12)
Evidence & Policy : A Journal of Research, Debate and Practice     Full-text available via subscription   (Followers: 9)
Faulkner Law Review     Full-text available via subscription   (Followers: 1)
Federal Communication Law Journal     Full-text available via subscription   (Followers: 1)
Federal Law Review     Full-text available via subscription   (Followers: 20)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 4)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 3)
Florida State University Law Review     Open Access   (Followers: 3)
Fordham Environmental Law Review     Open Access   (Followers: 5)
Fordham Intellectual Property, Media and Entertainment Law Journal     Open Access   (Followers: 19)
Fordham Law Review     Open Access   (Followers: 13)
FORO. Revista de Ciencias Jurídicas y Sociales, Nueva Época     Open Access   (Followers: 2)
Fundamina : A Journal of Legal History     Open Access   (Followers: 7)
Geoforum     Hybrid Journal   (Followers: 21)
George Washington Law Review     Free   (Followers: 7)
Georgia Law Review     Open Access   (Followers: 1)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 7)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)
Golden Gate University Law Review     Open Access   (Followers: 2)
Grey Room     Hybrid Journal   (Followers: 15)
Griffith Law Review     Hybrid Journal   (Followers: 12)
GSTF Journal of Law and Social Sciences     Open Access   (Followers: 2)

        1 2 3 4 | Last

Journal Cover Australian and New Zealand Sports Law Journal
  [8 followers]  Follow
    
   Full-text available via subscription Subscription journal  (Not entitled to full-text)
   ISSN (Print) 1833-8852
   Published by RMIT Publishing Homepage  [403 journals]
  • Volume 6 Issue 1 - Editorial
    • PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Reading baseball: Books, biographies, and the business
           of the game [Book Review]
    • Abstract: Hickie, Thomas
      Review(s) of: Reading baseball: Books, biographies, and the business of the game, by Braham Dabscheck (Fitness Information Technology, International Center for Performance Excellence, West Virginia University, Morgantown, 2011).

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Sports Law, 4th edn [Book Review]
    • Abstract: Hickie, Thomas
      Review(s) of: Sports Law, 4th edn, by Simon Gardiner, John O'Leary, Roger Welch, Simon Boyes and Urvasi Naidoo (Routledge, London, 2012).

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Social media and professional sport: The balance
           between the protection of copyright on youtube and the benefits of
           user-generated content
    • Abstract: Threlfall, Daniel
      Social media continues to have a significant impact on the way that individuals view and interact with professional sport. The broadcasting of copyrighted content on websites such as YouTube poses a unique challenge to professional sport leagues and teams. In order to develop an approach to protect their content online, leagues must balance technological, social and economic considerations. This article will examine the various strategies that professional sport associations ('leagues') can utilise to deal with social media. It begins by exploring intellectual property rights in relation to broadcasting live sport and the different approaches available in response to the challenges posed by social media, and user-generated content in particular. There are clear benefits and disadvantages to the strategies that are currently being applied by copyright owners. The law in this area has developed most significantly in North America, and thus it is necessary to position these competing perspectives in the context of the law in the United States. Entertainment producers and broadcasters are facing many of the same challenges that professional sport must address. The recent decision in Viacom v YouTube1 is likely to have global implications for online copyright protection.

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Social media and restraint of trade: An olympic case
           study
    • Abstract: Gray, Joshua
      The rise of social media in the last five years is nothing short of extraordinary and many areas of law are grappling with its effect. Social media is an incredibly useful marketing tool. At the same time, social media is extremely effective at disseminating scandalous information, with many sporting personalities recently being caught up in controversy. Sporting administrators and sponsors are naturally apprehensive. Athlete agreements increasingly contain restrictions on an athlete's use of social media. The Blogging and Media Guidelines ('Beijing Guidelines') contained in the Australian Olympic Athlete Agreement ('OAA') for the Beijing Olympic Games contained highly prescriptive limitations on social media use. The restrictions facing athletes participating in the London Olympics contemplate different types of social media use, however still impose significant limitations on the professional athlete ('London Guidelines'). This paper examines the extent to which the Beijing Guidelines and London Guidelines (together 'Guidelines') could be a restraint of trade. Restraint of trade has been considered extensively in a sporting context, traditionally being applied to scenarios such as limitations on player transfer rules, salary caps and collective bargaining. The basic principles of the doctrine require that the restraint is directed at a protectable interest and that it is reasonable to protect that interest. If not, the restraint is void. It will be demonstrated that the Guidelines are directed at a protectable interest and are reasonable given the unique nature of the Olympics and limited timeframe in which the relevant provisions of the Guidelines apply. However, not all athlete agreements will share these unique features. If the Guidelines were imposed by a club on a full-time athlete in the National Rugby League for example, then the answer may well be different. Although conduct related to a social media scandal in most cases would fall within a traditional disrepute clause, such clauses only offer an indirect form of protection to the commercial interests of sponsors or administrators. Therefore, disrepute clauses will continue to co-exist with more targeted social media limitations to protect the totality of sponsors' and administrators' interests.

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Ticket scalping: Advocating for the event organiser
    • Abstract: Stuk, Daniel
      Given the desire of sporting organisations to prevent and deter the practice of ticket scalping in Australia, and the fact that the Commonwealth Consumer Affairs Advisory Council [CCAAC] recently discouraged the introduction of new anti-scalping legislation, this article will examine the existing regulatory framework in Australia to explore whether Australian law effectively prevents and deters ticket scalping. Particular attention is given to the effect of Australia law on the different ticketing terms and conditions used by various sporting organisations. This highlights some of the inadequacies in the current Australian law from the event organiser's perspective and discusses whether a national uniform legislative scheme prohibiting ticket scalping would address some of these shortcomings. It also gives practical advice to event organisers in their bid to prevent ticket scalping.

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Taxation of athletes post stone: Towards a level
           playing field in the era of professionalism
    • Abstract: Lebbon, Mark
      The rise in the professionalism and earning power of athletes has, in recent years, drawn the increased attention and scrutiny of the Australian Taxation Office. This article discusses two taxation cases involving athletes which have been considered by the High Court of Australia: Commissioner of Taxation v Stone and Spriggs v Federal Commissioner of Taxation. Both cases provide important insights into how the courts are willing to adapt general legal principles in cases involving athletes to ensure a level playing field for all taxpayers.

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Playing away from home: Sportspeople, privacy and the
           law
    • Abstract: Rolph, David
      The private lives of sportspeople can often be the subject of intense media scrutiny, yet Australian law may not offer sportspeople adequate protection against invasions of privacy. This article analyses the problems confronted by sportspeople in light of the media's interest in their private lives, canvassing the existing direct and indirect legal protections of personal privacy, developments in overseas jurisdictions, principally the United Kingdom, and current law reform proposals for a statutory tort of invasion of privacy.

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 6 Issue 1 - Wests Tigers Rugby League Football v National Rugby
           League - the case that could have stopped the NRL
    • Abstract: Trodden, David
      'It could cost us 30 million but what can we do' He's given a goal.' This was Tottenham Hotspur manager Harry Redknapp speaking after a refereeing error resulted in a goal being awarded against his team when the ball clearly didn't cross the goal line. It was in a crucial end of season match against Chelsea in the English Premier League. Spurs lost the match 2-1, negatively affecting their prospects of qualifying for the European Champions League in the following season. 'What can we do' asks Harry' 'You can't sue a referee' I hear you say. Why not' Everyone else is liable for their mistakes. Why not a referee' Is there any principle of law which prevents a referee from being sued' This article attempts to examine what Harry Redknapp, and those in similar situations, can do. It examines the possibility of taking action to correct an incorrect refereeing decision. It also considers, in a far briefer and more general sense, the possibility of recovering damages in circumstances where the decision can't be corrected. Wests Tigers found themselves in a similar situation to Tottenham Hotspur when a refereeing error cost them the chance of playing in the 2010 National Rugby League ('NRL') Grand Final. This is what they could have done.

      PubDate: Mon, 15 Oct 2012 09:29:50 GMT
       
  • Volume 5 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Sat, 6 Oct 2012 13:49:08 GMT
       
  • Volume 3 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Sat, 6 Oct 2012 13:08:38 GMT
       
  • Volume 4 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Wed, 13 Jun 2012 11:36:11 GMT
       
  • Volume 5 Issue 1 - Cumulative Index
    • PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 5 Issue 1 - Court of Arbitration for Sport Apeals Division Sydney
    • Abstract:
      Doping violation by team member - disqualification - forfeiture of result - impact on team result.

      PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 5 Issue 1 - Court of Arbitration for Sport Apeals Division Lausanne
    • Abstract:
      Doping violation by relay team member - admission re use of prohibited substance prior to, during and after the 2000 Olympic Games - disqualification - annulment of team result by IOC - appeal.

      PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 5 Issue 1 - The Gathering Storm - Organised Crime and Sports
           Corruption
    • Abstract: Heron, Michael; Jiang, Chen
      During the 2010 FIFA World Cup in South Africa, Interpol conducted 'Operation Soga III' with a number of Asian governments to crackdown on illegal soccer gambling in Asia. Interpol raided more than 800 illegal gambling dens and made more than 5,000 arrests. Investigations are currently being carried out to determine whether results on the pitch were influenced by the illegal gambling operations. This article explores the connection between organised crime and sports corruption. With the arrival of the Rugby World Cup next year, we review the adequacy of the existing legal framework to deal with sports corruption and seek comment on how we might prepare for it.

      PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 5 Issue 1 - Compliance, Third Party Payments and the Threat to the
           NRL Salary Cap
    • Abstract: Thorpe, David
      Recent breaches of the National Rugby League salary cap by the Melbourne Storm have provided a unique, if incomplete, insight into aspects of salary cap systems in respect of the restraint of trade doctrine. Using these breaches as a backdrop, this paper considers the sustainability of salary caps, in particular that of the NRL, under the restraint of trade doctrine in reference to issues of compliance and third party payments to suggest the possible demise of the NRL salary cap regimen.

      PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 5 Issue 1 - National Sporting Organisations and the Good Governance
           Principles of the Australian Sports Commission
    • Abstract: Freeburn, Lloyd
      The Australian Sports Commission requires good governance in allocating funds and has developed Principles of Good Governance for the guidance of sporting organisations. Despite the endorsement of most of the content of the Principles by the Independent Sport Panel in its 2009 Review, there are questions about the suitability of the Principles in the context of sport, and identified shortcomings diminish their effectiveness.

      PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 5 Issue 1 - Right or Wrong - Let the Games Begin': Should New
           Zealand Athletes Compete Against Countries That Are in Breach of
           Fundamental/Non - Derogable Human Rights'
    • Abstract: Campbell, Alex
      Sport plays an important role in uniting a nation towards a common goal. It also assists in allowing nations to compete against each other, often exposing a part of each other's culture as a result. What happens when what is exposed clearly shows a nation's contempt for fundamental human rights' The notion that sport and politics should not mix has been espoused frequently. However, as information regarding the way different societies treat their citizens continues to flow, is it correct to allow our athletes to compete against countries which consistently breach fundamental human rights'

      PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 5 Issue 1 - The Role of Contract in Sports Law
    • Abstract: Sullivan, Alan
      As the very name of this Journal reveals, it is common nowadays to talk of a body of law called 'Sports Law'. But, strictly, there is no unique body of law which can be so labelled. Rather, participation in sport is regulated by the same laws as all other human activities and endeavours. The law of contract, in particular, plays a central role in the regulation of sporting activity. This article examines when and how the law of contract applies in a sporting context and how that law may, from time to time, require adjustment or modification in respect of certain sporting contracts especially those incorporating international agreements such as the World Anti-Doping Code or involving many parties.

      PubDate: Thu, 29 Sep 2011 14:52:47 GMT
       
  • Volume 1 Issue 1 - Editorial
    • Abstract: Hayes, Paul J
      PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 1 Issue 1 - Cumulative Index
    • PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 1 Issue 1 - Not to Be Too Pedantic but What Exactly Is a Dangerous
           Recreational Activity'
    • Abstract: Thorpe, David; Stewart, Pam
      This article examines the defence to a claim in negligence which is provided by Section 5L of the Civil Liability Act 2002 (NSW). The section was enacted as part of the extensive reform of tort law in New South Wales following the Review of the Law of Negligence Final Report, in late 2002 (the Ipp Report). The section provides a complete defence where a plaintiff is injured by an obvious risk of a dangerous recreational activity. Similar provisions exist in other states' tort law reform legislation. This article examines in detail the decision of the New South Wales Court of Appeal in Fallas v Mourlas, the leading case so far in New South Wales, on the interpretation and application of section 5L and, in particular, the manner in which the Court of Appeal interpreted the key words used in the section. The definition of a dangerous recreational activity as one which involves a significant risk of physical harm is crucial to the application of the defence and the authors conclude that the interpretation of those words by Ipp JA in the New South Wales Court of Appeal is problematic. The authors consider some relevant rules of statutory interpretation as well as relevant parts of the Ipp Report and other decisions in the Supreme Court of New South Wales and Court of Appeal concerning the 'dangerous recreational activity' defence. The authors conclude that the circumstances in which the defence will be available are far from certain and that further appellate consideration of section 5L or legislative amendment is needed.

      PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 1 Issue 1 - Show Me the Money!!! Player Agents and Conflicts of
           Interest
    • Abstract: Johnson, Simon
      Professional sport in the 21st century is big business. It is not just athletes who benefit from this; player agents also operate in an increasingly competitive and lucrative industry. This article reviews the development of the player agent industry, focussing on the American and Australian experiences. One of the key features of this industry is consolidation - more and more players are being represented by the same sports agency firm. In light of the consolidation of the player agent industry, it is almost inevitable that conflicts of interest will arise. Australian sport has lagged behind the United States in introducing regulations governing the behaviour of player agents. Although the common law of fiduciary obligations will apply to the player/agent business relationship, it is submitted that the most appropriate method of seeking to maintain and enforce the integrity of the athlete/agent relationship is to introduce and, subsequently, to enforce effective regulations regarding the accreditation and activities of sports agents.

      PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 1 Issue 1 - Draft Systems in Professional Team Sports and the
           Restraint of Trade Doctrine: Is the AFL Draft Distinguishable from the
           NSWRL Draft'
    • Abstract: Davies, Chris
      When the New South Wales Rugby League ('NSWRL') implemented a draft system in 1990 it was successfully challenged by the players in Adamson v NSWRL. This article examines this decision, though it should be noted that the rules of the NSWRL draft are no longer in operation. The Australian Football League ('AFL'), however, has continued to use its draft system and it is argued that the AFL draft rules are much fairer on the players than the rules previously used by the NSWRL. This is because while the AFL draft does initially restrict a player's choice of employer, this is only true for the first two years. At the end of that period the rules provide players with some genuine bargaining power to help them choose the employer of their choice. It is suggested therefore that the AFL draft is distinguishable from the draft system once used by the NSWRL that was declared invalid by the courts. There are still problems with the AFL draft in that clubs are able to initiate the trade of players without the player's consent, but it is suggested that this can be solved by the introduction of a consent clause. It is also suggested that the restrictive nature of the draft can be reduced by the introduction of a limited form of free agency for players who have been playing for a certain period of time and/or played a certain number of games.

      PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 1 Issue 1 - A Commentary on Two of Australia's Greatest Consuming
           Passions, Alcohol and Sport, and the Regulation of the Relationship
           between Them
    • Abstract: Mallam, Mel
      Alcohol and sport, two of Australia's greatest consuming passions, have been interrelated since early in Australian history. In present day the relationship is evident within Australian culture and has become synonymous with the marketing and promotion of both sport and alcohol. However greater regulation of the interrelationship, aimed at addressing the wider community health issues surrounding excessive consumption and alcohol related harm, particularly where youth are concerned, is seemingly imminent. This article explores the current regulatory framework of the relationship between alcohol and sport and the environment within which the two exist, with a view to inciting discussion about the continuing sustainability of the relationship.

      PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 1 Issue 1 - Warnings and Exclusions Post Personal Responsibility
    • Abstract: Healey, Deborah
      Attempts to exclude or limit liability for personal injury in the context of sport and recreation traditionally have had only limited success. The Civil Liability amendments with their focus on personal responsibility for risky activities of a voluntary nature should provide additional scope for such limitation of liability. This article looks at the amendments and considers whether the first wave of cases decided under them suggests that the likelihood of enforcement is increased.

      PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 1 Issue 1 - Foreword
    • Abstract: Street, Laurence
      PubDate: Mon, 17 Jan 2011 11:42:48 GMT
       
  • Volume 2 Issue 1 - Cumulative Index
    • PubDate: Fri, 19 Nov 2010 11:36:27 GMT
       
  • Volume 2 Issue 1 - Marinov v Australian Sports Anti-Doping Authority
    • Abstract:
      Court of Arbitration for Sport (Appeals Division), Partial Final Award Dated 26 September 2007, CAS 2007/A/1311, (2007) 2(1) ANZSLJR 2. The case of Sevdalin Marinov, Appellant (Respondent) and Australian Sports Anti-Doping Authority, Respondent (Applicant) in the Court of Arbitration for Sport Appeals Division Melbourne on the appeal against the Final Award of a single arbitrator of the CAS is discussed. The Court concluded that the appeal is upheld.

      PubDate: Fri, 19 Nov 2010 11:36:27 GMT
       
  • Volume 2 Issue 1 - Baggaley v International Canoe Federation
    • Abstract:
      Court of Arbitration for Sport (Appeals Division), Partial Final Award Dated 29 December 2006, CAS 2006/A/1168, (2007) 2(1) ANZSLJR 1. The case of Nathan Baggaley, Appellant and International Canoe Federation, Respondent; Surf Lifesaving Australia, Australian Canoeing Inc, Australian Sports Commission, Affected parties in the Court of Arbitration for Sport Appeals Division Sydney with regards to the appeal against the decision of the Respondent is discussed. The Court concluded that the appeal was filed out of time and must be deemed inadmissible.

      PubDate: Fri, 19 Nov 2010 11:36:27 GMT
       
  • Volume 2 Issue 1 - Soccer's Burgeoning International Jurisprudence
    • Abstract: Dabscheck, Braham
      In 2001 the Federation Internationale de Football Association (FIFA) established a procedure for resolving disputes between clubs/national associations and players (and other officials such as coaches). Such disputes could be determined at the national or local area if there was in place a procedure determined by collective bargaining between representatives of clubs/national associations and players. In the absence of such a procedure, disputes would be resolved by FIFA's Disputes Resolution Chamber, with appeals to the Court or Arbitration for Sport (CAS) for final determination. This paper will examine two recent disputes which involved the CAS and their broader significance concerning developments within soccer of a burgeoning international jurisprudence.

      PubDate: Fri, 19 Nov 2010 11:36:27 GMT
       
  • Volume 2 Issue 1 - Should Athletes Be Tested for Recreational Drugs':
           Three Sporting Federations Kick around the Proverbial Football
    • Abstract: Fridman, Saul; Davies, Chris; Amos, Anne
      The question of illicit drugs in sport has been one that has recently dominated the media's coverage of sport. Players in rugby union, rugby league and Australian football have tested positive for recreational drugs, or have admitted using such drugs. Also an issue are the policies adopted by the various codes in regard to the testing of such drugs out of competition. At present the AFL has a three-strike policy, which means that players will only suffer consequences after a third positive test. The NRL will be adopting a two-strike policy, while rugby union has yet to adopt any out-of-competition testing or policy. It is suggested that with the AFL's policy being based on the education, rehabilitation and health of the players, a three-strike policy is an appropriate one for that particular organisation.

      PubDate: Fri, 19 Nov 2010 11:36:27 GMT
       
  • Volume 2 Issue 1 - The UCI Protour: An Enduring Reform or a 'Train Wreck'
           Waiting to Happen''
    • Abstract: Freeburn, Lloyd
      In 2005, significant reforms were introduced in professional road cycling by the sport's governing body, the 'UCI'. Those reforms are now threatened by an entrenched dispute between the UCI and the owners of the sports' most prestigious races. The outcome of the dispute, while uncertain, will be influenced by the legal structures and characters of the bodies involved. These structures and the issues raised by the conflict, including the implications of European Community competition law, are examined. It is argued that despite some defects in its democratic structure, the role of the UCI as the governing body of the sport gives its position greater legitimacy than that of the private owners of cycling races.

      PubDate: Fri, 19 Nov 2010 11:36:27 GMT
       
  • Volume 2 Issue 1 - The Rule of Law and Sporting Justice
    • Abstract: Hayes, Paul J
      PubDate: Fri, 19 Nov 2010 11:36:27 GMT
       
  • Volume 3 Issue 1 - Cumulative Index
    • PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 3 Issue 1 - Cropp v a Judicial Committee and Anor (2008) 3(1)
           ANZSLJR 3
    • Abstract:
      The case of Cropp v Judicial Committee and an appeal made by Cropp against the Court of Appeals decision upholding the validity of a drug test. The appeal was dismissed with costs of $15,000 and reasonable disbursements to be paid by the appellant to the second respondent.

      PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 3 Issue 1 - Pistorius v International Association of Athletics
           Federations (IAAF) (2008) 3(1) ANZSLJR 2
    • Abstract:
      The key aspects and features of the appeal against the decision of the Court of Arbitration for Sport Appeals Division Sydney in the case of Oscar Psitorius, Appellant versus International Association of the Athletics Federation (IAAF), Respondent are discussed. The IAAF Council's decision was revoked with immediate effect and the athlete was found to be currently eligible to compete in IAAF's event while wering the prosthesis.

      PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 3 Issue 1 - D'Arcy v Australian Olympic Committee (2008) 3(1)
           ANZSLJR 1
    • Abstract:
      The key aspects and features of the appeal against the decision of the Court of Arbitration for Sport Appeals Division Sydney in the case of Nicholas D'Arcy, Appellant versus Australian Olympic Committee, Respondent are discussed. The appeal was dismissed as it was found that none of the Appellant's contentions were made out.

      PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 3 Issue 1 - Developing Uniform Criteria for the Specificity of
           Sport: The Webster Case
    • Abstract: Dabscheck, Braham
      In 2001, FIFA introduced new regulations to govern the worldwide employment of football players. One such regulation enabled players over 23, who had played with a club for three seasons, to terminate their employment 'without just cause', subject to compensation, the level of which was linked to the player's contract. Disputes over compensation, under these regulations would be determined by a Disputes Resolution Chamber, with a right of apeal to the Court of Arbitration for Sport. At the end of the 2005/2206 season, Andrew Webster utilised this regulation in terminating his contract with the Scottish club Heart of Midlothian. A dispute between the parties as to the 'appropriate' level of compensation was resolved, per this dispute resolution process. This article examines the various issues involved with this dispute, the respective decesions of the Dispute Resolution Chamber and the Court of Arbitration for Sport and the development of uniform criteria for the worldwide governance of football.

      PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 3 Issue 1 - Organisational Structure, Economics and Best Governance
           Practice in Non-professional Sporting Leagues
    • Abstract: Horvath, Paul
      Sporting competitions and sports leagues can involve the management of significant budgets, serious sporting pathways for future elite athletes, and can mean running regular competitions for thousands of athletes. Governing the sporting league, which includes policy making and direction setting, takes on great importance, and perceived failures by a governing body (such as the board) can lead to legal action. Best practice governance assists those managing sports competitions to minimise the potential for legal challenges against decisions they (or their various arms such as disciplinary tribunals) make or rules they implement. Best governance practice also helps avoid unnecessary exposure by board members to personal legal liability for their actions taken as board members. Implementing the best possible governance practices can ensure that the competition runs smoothly, risks are appropriately managed, and the best competitive outcomes are achieved.

      PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 3 Issue 1 - Contract and Athlete Selection
    • Abstract: Thorpe, David
      This paper examines the contractual basis of athlete selection and proposes that the authority to make selection is confined to the express and implied contractual terms describing the selection process. The paper first considers selections made 'objectively' and mandated through express contractual terms. 'Subjective' regimes of selection are then considered and the suggestion made that despite selectors possessing the contractual power to apply their own opinion in making selections the entitlement is not unfettered. Under such regimes selectors are obliged, through implication, to apply their discretion honestly and in good faith. It is further proposed that the application of a term of selection is constrained by matters of contract construction and the implication of business efficacy.

      PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 3 Issue 1 - Major Event Regulation: Lessons for and from New
           Zealand
    • Abstract: Longdin, Louise
      A number of jurisdictions have now enacted special interest (major event management) legislation prohibiting ambush marketing and other related trade practices that in many cases were lawful, if sometimes cheeky or unethical. Supporters urge such legislation is necessary to safeguard the interests of those who officially invest in underwriting or associating themselves with a major event. However, the new laws have the capacity to erode freedom of expression and undermine carefully constructed statutory intellectual property and consumer protection codes, as well as judicially pedigreed causes of action based on allegations of misrepresentation, connection confusion or misappropriation without offering the checks and balances that these mechanisms afford. New Zealand's one size fits all Major Event Management Act 2007 goes further than most in this direction by presuming infringement and creating new quasi property rights and open ended criminal offences. The writer examines the theoretical underpinnings, scope and likely application of New Zealand's recent initiative against some of its overseas counterparts and argues that concessions made during the Act's passage in an attempt to balance new against existing private rights are too half-hearted to make up for its underlying deficiencies.

      PubDate: Thu, 21 Oct 2010 10:01:41 GMT
       
  • Volume 4 Issue 1 - Cumulative Index
    • PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
  • Volume 4 Issue 1 - Court of Arbitration for Sport Appeals Division Sydney
    • Abstract:
      The trial proceedings and decision in the Court for Arbitration for Sports Appeal Division Sydney in an appeal by the International Rugby Board (IRU) regarding non-violation of doping laws set by the Australian Rugby Union (ARU) are described. The decision found the respondent rugby player Luke Troy guilty of violating IRB anti-doping laws.

      PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
  • Volume 4 Issue 1 - Righting a Wrong: Dennis Tutty and His Struggle Against
           the New South Wales Rugby League
    • Abstract: Dabscheck, Braham
      Buckley v Tutty is the leading Australian case dealing with the economic freedom of players of professional team sports. The High Court found the New South Wales Rugby League's ('NSWRL') retain and transfer system to be an unreasonable restraint of trade. This case, the only one of its type to be determined by the High Court, has been used as a precedent in other sports employment cases. It has enhanced the economic rights of players and has aided player associations in developing comprehensive collective bargaining deals with their respective leagues. This paper examines the background and circumstances associated with Dennis Tutty's challenge to the NSWRL's employment rules. Tutty was not supported in his action by a club desirous of obtaining his services or a player association. He fought and funded the action himself on the wages of an unskilled labourer. He did not receive financial or moral support from his fellow players. He was motivated in his action by a personal philosophy to right a wrong. He did not believe that others should be able to restrict his ability to play with clubs prepared to employ him.

      PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
  • Volume 4 Issue 1 - Disciplining Athletes for Off-field Indiscretions: A
           Comparative Review of the Australian Football League and the National
           Football League's Personal Conduct Policies
    • Abstract: Paterson, James J
      This paper compares the personal conduct policies of the AFL and NFL, which both act to govern the off-field behaviour of players and officials. It provides analysis of penalties imposed on participants, and a critique of how the leagues' commercial interests may influence the outcomes, as well as the judicial limits imposed on those disciplinary determinations. Both leagues have broad powers to act when conduct has occurred which they consider to be 'detrimental to the game', a term the author asserts is vague and which neither sport's policy adequately clarifies. This paper provides policy recommendations to address those limitations.

      PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
  • Volume 4 Issue 1 - My Ball: Who Owns the Cricket Ball Once It Crosses the
           Boundary'
    • Abstract: Ellwand, Geoff
      There is a gap in Australian, New Zealand and English law that leaves untested the question of who rightfully owns balls knocked or kicked into a stand or over a fence during professional sporting competitions. Tradition, in most cases, dictates the balls be returned. Certainly that is true in cricket, which is the focus of this article. But the sports memorabilia market and the uncertain state of the law may tempt spectators to assert a right to keep errant balls. It is a possibility sporting organisations, the legal community, collectors and society in general would do well to consider.

      PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
  • Volume 4 Issue 1 - Liability for Personal Injury Arising from the Supply
           of Recreational Services
    • Abstract: Villa, Dominic
      This article discusses the liability of suppliers of recreational services for personal injury sustained by participants in recreational activities in the context of changes to the Trade Practices Act 1974 (Cth.) and the various state Civil Liability regimes.

      PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
  • Volume 4 Issue 1 - Sport in Disrepute
    • Abstract: George, Patrick
      It is becoming common to see sportsmen on the front page of the daily newspapers - not for their sporting achievements on the field but for their conduct off the field. The bad publicity this generates can be damaging to the reputations of them individually, their teams and their sports. For this reason sporting bodies usually require a disrepute clause in a sportsman's contract. These clauses are now under close scrutiny because of the serious consequences that may follow breach and because of the difficult circumstances that exist to make a decision when the conduct gives rise to criminal charges. This article examines the issues arising under the disrepute clause and the conduct required to demonstrate breach.

      PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
  • Volume 4 Issue 1 - It's Just Not Cricket - Charitable Trusts Ought to Be
           More Sporting
    • Abstract: Hill-Dunne, Kiri
      In the field of law concerning charitable trusts for sports, New Zealand lags behind the United Kingdom and even Tasmania in terms of recognising the charitable status of trusts for the advancement of sport. New Zealand's charity laws are tired and out of touch with societal change and legislative developments abroad, warranting a substitution. In recognition of the benefits that trusts for the advancement of sport bring to the community, New Zealand's charity laws ought to be more sporting to reflect the role that sport plays in today's society and to encourage and reward trusts aiming to advance sports.

      PubDate: Mon, 18 Oct 2010 11:55:22 GMT
       
 
 
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