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LAW (716 journals)                  1 2 3 4 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 20)
Acta Juridica     Full-text available via subscription   (Followers: 9)
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: 20)
Administrative Law Review     Open Access   (Followers: 42)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 7)
African Journal of Legal Studies     Hybrid Journal   (Followers: 8)
African Journal on Conflict Resolution     Open Access   (Followers: 18)
Afrilex     Open Access   (Followers: 5)
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Alaska Law Review     Open Access   (Followers: 10)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 15)
Alternative Law Journal     Hybrid Journal   (Followers: 3)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 16)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 57)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 18)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 12)
American Journal of Legal History     Full-text available via subscription   (Followers: 6)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 8)
American University Law Review     Open Access   (Followers: 16)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 5)
Amsterdam Law Forum     Open Access   (Followers: 9)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access  
Annual Survey of South African Law     Full-text available via subscription   (Followers: 5)
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
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   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 2)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 13)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 4)
Arizona State Law Journal     Free   (Followers: 2)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
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: 5)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
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: 17)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 18)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access  
Ballot     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: 24)
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: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 8)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 10)
Boston College Law Review     Open Access   (Followers: 18)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access  
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 8)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 2)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
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: 21)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 160)
Campbell Law Review     Open Access   (Followers: 5)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Časopis zdravotnického práva a bioetiky     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
China : An International Journal     Full-text available via subscription   (Followers: 17)
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: 2)
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: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 16)
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: 42)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 26)
Conflict Trends     Full-text available via subscription   (Followers: 11)
Cornell Law Review     Open Access   (Followers: 8)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 4)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 26)
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   (Followers: 1)
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: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 8)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 1)
Die Verwaltung     Full-text available via subscription   (Followers: 11)
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: 4)
Dixi     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
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: 7)
Duke Forum for Law & Social Change     Open Access   (Followers: 8)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 17)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Ecology Law Quarterly     Free   (Followers: 3)
Edinburgh Law Review     Hybrid Journal   (Followers: 21)
Education and the Law     Hybrid Journal   (Followers: 12)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 24)
Energy Law Journal     Full-text available via subscription   (Followers: 4)
Environmental Justice     Hybrid Journal   (Followers: 11)
Environmental Law Review     Full-text available via subscription   (Followers: 22)
Environmental Policy and Law     Hybrid Journal   (Followers: 15)
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: 4)
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: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 5)
European Journal of Law and Technology     Open Access   (Followers: 15)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 5)
European Law Journal     Hybrid Journal   (Followers: 146)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 23)
European Review of Private Law     Full-text available via subscription   (Followers: 32)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)
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: 22)
Federal Probation     Full-text available via subscription   (Followers: 2)
Feminist Legal Studies     Hybrid Journal   (Followers: 16)
feminists@law     Open Access   (Followers: 5)
Fiat Justisia     Open Access  
First Amendment Studies     Hybrid Journal  
Florida Bar News     Free  
Florida Law Review     Open Access   (Followers: 4)
Florida State University Law Review     Open Access   (Followers: 4)
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: 15)
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: 23)
George Washington Law Review     Free   (Followers: 8)
Georgia Law Review     Open Access   (Followers: 2)
Georgia State University Law Review     Open Access   (Followers: 2)
Global Journal of Comparative Law     Hybrid Journal   (Followers: 2)
Global Labour Journal     Open Access   (Followers: 9)
Golden Gate University Environmental Law Journal     Open Access   (Followers: 3)

        1 2 3 4 | Last

Journal Cover Australian and New Zealand Sports Law Journal
  [8 followers]  Follow
    
   Full-text available via subscription Subscription journal
   ISSN (Print) 1833-8852
   Published by RMIT Publishing Homepage  [402 journals]
  • Volume 9 Issue 1 - Truth or truce': The legality of restriction on
           Olympic athletes' freedom of speech
    • Abstract: Killeen, Anita; Hertogen, An
      In this article, we assess the legality of restricting Olympic athletes' fundamental right to freedom of speech against New Zealand domestic human rights standards as well as fundamental values of Olympism. We argue that the New Zealand Bill of Rights Act 1990 applies to the New Zealand Olympic Committee under section 3(b) of the Act. The restrictions on freedom of speech in the athletes' agreements therefore need to comply with section 14. The restrictions are however incompatible with this provision, and are not saved by section 5 as they are not reasonable limits prescribed by law that are demonstrably justified in a free and democratic society.

      We recommend two solutions: one specific and one more holistic one. First, the New Zealand Olympic Committee should remove from the athletes' agreements the reference to rule 50 of the International Olympic Charter, which is the source of the blanket ban on any kind of demonstration or political, religious or racial propaganda. Instead, the athletes' agreements should only restrict speech that is contrary to the Olympic values, such as racist or discriminatory speech. Our second, holistic, solution is radically different. Here, we propose changing the host selection process to ensure that a host's legal and political framework lives up to the values of Olympism. We argue that such an approach would have a real impact and address the root causes of why restrictions on athletes' freedom of speech are included in their agreements in the first place.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - Cheating to lose: The rampant expansion of match-fixing
           and developing responses to defend fair competition in New Zealand sport
    • Abstract: Chamberlain, Alison
      The recent proliferation of match-fixing scandals in the media emphasises that match-fixing presents a major and growing challenge for sport governance bodies and national governments across the globe, including in New Zealand. This article examines match-fixing methods using football and cricket fixing-scandals as examples, the relationship between betting and match-fixing, and the threat to New Zealand sport. It also analyses the recently released New Zealand Policy on Sports Match-Fixing and Related Corruption ('NZPSM') and the Crimes (Match-Fixing) Amendment Act 2014 (NZ) using a comparison with Australian law.

      Match-fixing commonly stems from corrupt betting practices. The expansion of both legal and illegal online betting has provided greater opportunities for transnational criminal groups to profiteer from orchestrating fixes. Certain sporting participants and competitions are more susceptible to match-fixing than others. The NZPSM and the Crimes (Match-fixing) Amendment Act 2014 strengthen New Zealand's regime for combatting match-fixing. However, sport, sport betting and organised crime are now sophisticated international activities. More cooperation is needed at the international level between sport governance bodies, national governments and the betting industry to develop a framework to properly tackle this issue.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - Match-fixing in football: The epistemology of the court
           of arbitration for sport jurisprudence
    • Abstract: Deakes, Nathan
      Match-Fixing has become a scourge for international sport in recent years, particularly in football, and has been described as the greatest threat to the integrity of sport in the 21st century.1 Without cogent intervention, the corruption and the manipulation of results, which jeopardise the ethical value and structure of football, will eventually call into question the credibility of not just football but endless sporting results the world over.

      Several unscrupulous individuals and groups have been discovered and condemned for having fixed or attempting to fix football matches, leading to several cases being brought to the Court of Arbitration for Sport for determination. As a specific lex sportiva in match-fixing has begun to develop, it is prudent to ask what can we learn from this jurisprudence to deter and eventually prevent match-fixing in football'

      The article briefly considers the history of match-fixing in football before examining the salient match-fixing cases so far expounded by the Court of Arbitration for Sport, analysing their backgrounds, procedural issues, sanctions, and the standard of proof. The article also investigates the regulatory framework of FIFA and UEFA, as well as several legislative instruments currently in place in different jurisdictions worldwide. To conclude, the article formulates recommendations and solutions towards the optimal anti-corruption system to eliminate this dishonest malfeasance.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - The integrity of sport and the privilege against
           self-incrimination - is ASADA playing by the rules'
    • Abstract: Crocker, Anthony
      It is trite that those who watch or participate in sport want a clean and corruption free contest. Sadly, that is not always the case. The history of sport is littered with illustrations of its integrity being compromised. Sports are increasingly devoting resources to the prevention and identification of such occasions.

      One means of doing so is to compel the relevant person to an incident or concern to participate in an investigation by providing answers, documents or other material to the investigator. Two issues immediately arise. First, what is the source of the power compelling the person to cooperate' Secondly, what, if anything, should be done if such co-operation may reveal matters that could expose the person to penalties or criminal prosecutions'

      This article commences with an acknowledgement of the importance of integrity in sport. It then articulates the common law privilege against self-incrimination and identifies the breadth of its application, before considering what role it should and does have in current sport integrity investigations in Australia, particularly anti-doping matters. It concludes by demonstrating that the Australian Sports Anti-Doping Authority ('ASADA') is presently encouraging athletes to give to it powers that parliament has expressly determined should not be available to it. This in turn raises a number of policy and enforceability issues.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - All for one and one for all ... for how much
           longer': How wada could tackle doping in professional team sport
    • Abstract: Wark, Victoria
      For almost three years, allegations that a large number of players from a high profile football club committed anti-doping rule violations under the World Anti-Doping Agency anti-doping code have cast a long and lingering shadow over Australian anti-doping efforts and professional team sport in this country. The various investigations by the national anti-doping body, the league and club together with the tribunal hearings and related legal proceedings have been the subject of extensive media coverage. They have also prompted legislative reform and been the subject of widespread political and public debate. At the time of writing, the final chapter in this protracted saga is about to get underway - the hearing of the WADA's appeal to the Court of Arbitration for Sport. Irrespective of the final CAS decision, one issue that has already emerged from these events is whether the international anti-doping rules and regulations that make up the Code are appropriately adapted to Australian professional team sports. This article explores some of the difficulties with the Code in the context of professional team sports and suggests some changes that may overcome these deficiencies while remaining consistent with the Code's original aims.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - Cumulative index
    • PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - Don't argue with the ref! - Legal liability for
           incorrect decisions of sports officials
    • Abstract: O'Brien, John
      This article examines the potential remedies available for incorrect decisions by sports officials. In particular, this article focuses on bringing an action against an official in negligence for pure economic loss. It determines that such an action would have a low chance of success, as a duty of care would be difficult to establish. Even if that could be overcome, an aggrieved player or team would still face further hurdles at the stages of breach, causation and defences. The article concludes by proposing some options to further reduce the small risk of liability to officials.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 9 Issue 1 - Procedural fairness, disabled athletes and the court of
           arbitration for sport
    • Abstract: Donaldson, Hannah
      This article examines the cases of three disabled athletes, NWBA v IPC1, Gatlin v USADA and Pistorius v IAAF. The article will consider how the Court of Arbitration for Sport ('CAS') has examined the rules of the respective governing bodies and highlight where CAS has been critical of the ambiguous rules and procedures in place. It will show that while CAS has been critical over a number of years, governing bodies continue to create ambiguous rules to the potential detriment of the disabled athlete.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - Cumulative index
    • PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - The sanctioning process for specified substances in the
           2015 world anti-doping code - a fresh start'
    • Abstract: Fuchs, Philippe
      Doping has again come into the public spotlight due to high-profile cases uncovered around the world - such as the Lance Armstrong matter in the United States or the Essendon drug scandal in Australia. In the shadow of these cases, the World Anti-Doping Agency ('WADA') has worked on a revision of its World Anti-Doping Code ('Code'), which will enter into force on 1 January 2015. One area of the Code that has been significantly changed is inadvertent or unintentional doping. Under the old Code, the 2009 version,1 there has been some uncertainty in this respect due to conflicting (and controversial) case law. The 2015 version of the Code2 aims to correct this by introducing a new system for unintentional doping. This article will focus on these changes that will be introduced by the Code 2015 and will analyse how effective they are in addressing the concerns raised under the Code 2009 and the relevant case law.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - Critical analysis of the divided court of arbitration
           for sport jurisprudence on the world anti-doping code article 10.4
    • Abstract: Smith, Mark
      The purpose of this article is to examine the current interpretative divide within the Court of Arbitration for Sport as to the meaning of the term 'intent to enhance sport performance' within article 10.4 of the World Anti-Doping Code. In particular, it assesses the case law with an aim of providing a well reasoned opinion on how it should be approached in future cases to protect both sport and athletes equally. It accepts that balancing the need to protect sport with the need to ensure flexibility and proportionality for athletes who may unintentionally break the rules is a difficult task, which must be approached in a reasonable manner.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - Train the trainers: Maintaining standards to minimise
           injuries and avoiding legal liability in the fitness industry
    • Abstract: Dietrich, Joachim; Keyzer, Patrick; Coyle, Ian R; Norton, Kevin; Sekendiz, Betul; Jones, Veronica; Finch, Caroline F
      A recent comprehensive survey of fitness industry professionals shows that there is a lack of confidence amongst members of the fitness industry about the quality of training necessary to obtain fitness qualifications. This is concerning given that legal liability in negligence is determined by reference to the standards of a reasonably competent person possessing particular qualifications. Injuries incurred during fitness activities may lead to legal liability if the standard of reasonable care is not met. Fitness professionals who are not adequately trained are more likely to fail to meet standards of reasonable competence. Case law demonstrates the importance of fitness professionals being knowledgeable and well-trained in their field of expertise to avoid legal liability arising.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - The contractual and ethical duty for a professional
           athlete to be an exemplary role model: Bringing the sport and sportsperson
           into unreasonable and unfair disrepute
    • Abstract: Jonson, Paul T; Lynch, Sandra; Adair, Daryl
      Professional athletes are sanctioned pursuant to a clause in playing contracts that authorises a sport association and/or club to take punitive action for conduct that is deemed to be in breach of the requirement not to bring the sport into disrepute. This can include conduct that occurs in a time and place unrelated to the sport. The sport associations claim they have a right to safeguard their brands and accordingly their well-paid athletes need to protect the association's commercial and reputational interests by being exemplary role models at all times. This article argues that the contractual terms that regulate such conduct are unreasonable and improper. Moreover, the associated role model expectations are either vague or unspecified, leading to uncertainty about the responsibilities of athletes beyond the playing field. This article proposes that the contractual terms must change, the discourse must be reframed, and education must be provided for the community, the stakeholders and the players.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - Financial distress and the culture of sports
    • Abstract: Williams, Jack F; Simmons, Elizabeth
      Sports franchise bankruptcies pose a challenging array of issues from what property is available to the creditors to what influence bankruptcy law may have on sports governance and franchise/ league relations. This article asserts that these issues are better understood through a cultural lens. Contrasting the Texas Rangers bankruptcy case with the Los Angeles Dodgers bankruptcy case, the article constructs a cultural context in which bankruptcy courts have confronted foundational issues in bankruptcy law and in internal league governance. At the present stage of development, owner conduct and his or her relationship with the commissioner of the sports league appear to be key determinants in the complexion of a sports franchise bankruptcy case. It remains unresolved, however, whether a league's internal governance would preempt foundational bankruptcy principles, although it appears unlikely.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - 'A spectacle cannot be owned': A history of the uneasy
           relationship between copyright and sport in Australia
    • Abstract: Bond, Catherine
      The relationship between copyright and sport has attracted much media and legal attention in the 2012 to 2013 period, with changes in the reporting of control and access to sports content. Limited Olympic coverage; reported arguments during the re-negotiation of television, radio, online and mobile broadcasting arrangements; and the Singtel Optus v National Rugby League Investments litigation have highlighted for the Australian public the complex and expensive difficulties that arise in the interaction between copyright law and sport. However, this article illustrates that this is not a modern phenomenon: copyright and sport in Australia have always had an 'uneasy' relationship, with sporting organisations regularly demanding more from copyright law than that area was willing to provide. Through an exploration of case law, archival materials and government reports, this article considers two examples - copyright in sports information and compilations, and copyright in sporting events - in a historical context. This examination demonstrates that, despite this tension, copyright and sport have always had a symbiotic relationship and each has had an impact on the development of the other in Australia.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 8 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Cumulative index
    • PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Sports economics [Book Review]
    • Abstract: Dabscheck, Braham
      Review(s) of: Sports economics, by Roger D Blair, (Cambridge University Press, Cambridge, 2012).

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Sports law: Cases and materials, 7th edn [Book Review]
    • Abstract: Hickie, Thomas
      Review(s) of: Sports law: Cases and materials, 7th edn, by Ray Yasser, James, R. McCurdy, C. Peter Goplerud and Maureen A. Weston, (LexisNexis, San Francisco, 2011).

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Field of play decisions and fairness: Lessons from
           Sirengate
    • Abstract: Lebbon, Mark
      The general reluctance of the Court of Arbitration for Sport and local courts to review field of play decisions except in limited circumstances raises questions about fairness and access to natural justice. This article seeks to reconcile our understanding of fairness in sporting field of play decisions with the jurisprudence which has developed in recent years. In doing so this article takes a detailed look at the legal issues arising from the 2006 Sirengate football match between St Kilda and Fremantle and the ongoing implications for the AFL.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Regulating the private conduct of employees
    • Abstract: Bartlett, Glen; Sterry, Regan
      The Australian Football League is itself a significant brand within the Australian community. Players drafted into the AFL are not drafted simply to kick and handball, but to be ambassadors for the interests of the football industry. This article examines the regulation of employee behaviour in Australia, examining the different regulations placed on AFL players as they ply their trade in a competitive and high profile industry, and compares this to regulations placed on a 'traditional employee' and the workplace regulation of the out-of-hours conduct of employees.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - The use of multiple restraints of trade in sport and
           the question of reasonableness
    • Abstract: Thorpe, David
      Athletes, particularly those competing in team sports, are not uncommonly restricted by more than one substantive restraint of trade. The literature on restraints of trade in sport deals by and large with restraints as single impositions. This article addresses the effect of multiple restraints of trade imposed on athletes and how these, in combination, bear upon the question of reasonableness under the restraint of trade doctrine. The use of multiple forms of trade restraints is somewhat unique to the industry of sport to include over the years, player draft systems, salary caps, zoning restrictions, retain or transfer systems and wage ceilings. Restraints limiting athlete endorsement of sponsor products and services, a restraint of more recent origin yet to be tested before a court of law, will be considered against the background of the restraints listed above. Given the lucrative returns associated with athlete endorsement, such may prove to be a restraint too far.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Bringing the 'strangers' within the rules of racing
    • Abstract: Crocker, Anthony J
      One of the more interesting questions relating to the powers of racing clubs is the extent to which they can impose penalties upon persons who are not members of the clubs, who require and hold no licence from them, who have not agreed to be bound by the rules of the clubs, who have not submitted to the exercise of jurisdiction over them by the clubs, and who only desire to attend race meetings or maybe do not even want to do that.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Promoting 'match quality' in new zealand rugby:
           Authorisation of salary caps and player transfer restrictions under the
           'commerce act 1986' (nz)
    • Abstract: Simpson, Andrew F
      In recent years the New Zealand Rugby Union has adopted player salary and transfer rules designed to promote competition between teams, with the aim of increasing television audiences and attracting greater numbers of spectators. As measures that promote sporting competition on the rugby pitch may at the same time unlawfully restrain commercial competition, the New Zealand Rugby Union sought the New Zealand Commerce Commission's authorisation for its player transfer restrictions and salary cap arrangements. This article reviews the Commerce Commission's approach in investigating the efficiency effects of salary caps and transfer fees in detail and developing a novel 'match quality' hypothesis which may have application for other sporting codes.

      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 7 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 6 Issue 1 - Editorial
    • PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 5 Issue 1 - Cumulative Index
    • PubDate: Thu, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 GMT
       
  • Volume 5 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 4 Issue 1 - Cumulative Index
    • PubDate: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 4 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 3 Issue 1 - Cumulative Index
    • PubDate: Thu, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 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, 2 Nov 2017 11:47:21 GMT
       
  • Volume 3 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 2 Issue 1 - Cumulative Index
    • PubDate: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 2 Issue 1 - The Rule of Law and Sporting Justice
    • Abstract: Hayes, Paul J
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 1 Issue 1 - Cumulative Index
    • PubDate: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 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: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 1 Issue 1 - Editorial
    • Abstract: Hayes, Paul J
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 1 Issue 1 - Foreword
    • Abstract: Street, Laurence
      PubDate: Thu, 2 Nov 2017 11:47:21 GMT
       
  • Volume 10 Issue 1 - In control: Salary caps and other labour control
           mechanisms within New Zealand Rugby
    • Abstract: Playle, Marcus
      This article considers the legal status of labour control mechanisms that have traditionally operated in the context of professional sport. It is primarily concerned with the way these controls have been applied to New Zealand rugby. It endeavours to answer whether or not the use of a salary cap and the associated transfer regulations in the competition now known as the Mitre 10 Cup can be said to constitute a breach of the common law doctrine of restraint of trade.

      PubDate: Fri, 7 Jul 2017 20:51:17 GMT
       
  • Volume 10 Issue 1 - Cumulative index
    • PubDate: Fri, 7 Jul 2017 20:51:17 GMT
       
  • Volume 10 Issue 1 - Editorial
    • Abstract: Healey, Deborah
      PubDate: Fri, 7 Jul 2017 20:51:17 GMT
       
  • Volume 10 Issue 1 - 'I didn't make the team. What can I do'': An
           overview of selection jurisprudence
    • Abstract: Sullivan, Alan
      This article contains an in-depth survey and analysis of the legal principles surrounding challenges to athlete selection in Australia, with some reference to other jurisdictions such as New Zealand and the United Kingdom. In Australia the main source of potential redress is invariably contract, and the article demonstrates that action depends upon the nature of the team, and the legal and factual context of the non-selection.

      PubDate: Fri, 7 Jul 2017 20:51:17 GMT
       
  • Volume 10 Issue 1 - National football league players' concussion injury
           class action settlement
    • Abstract: Legg, Michael
      The link between concussion from sport and head injuries has garnered significant attention in the United States and Australia. In the US there has been litigation brought by retired NFL players against the league that culminated in the NFL Players' Concussion Injury Class Action. The class action subsequently settled for an estimated US$1 billion. This article explains the class action and the terms of its settlement, including the compensation scheme for diseases such as dementia, Alzheimer's Disease, Parkinson's Disease, Amyotrophic Lateral Sclerosis (also known as ALS), and death with chronic traumatic encephalopathy (also known as CTE). The article then discusses the lessons for Australia and its sporting codes, focussing on the potential liability, the availability of the class action procedure and the difficulties faced by plaintiff players, such as causation and the statutory defences.

      PubDate: Fri, 7 Jul 2017 20:51:17 GMT
       
  • Volume 10 Issue 1 - The evidential gap in the Essendon doping case and its
           continuing influence on sport arbitration
    • Abstract: Thorpe, David
      In 2016, the Court of Arbitration for Sport found a number of players with the Essendon Bombers Football Club guilty of using the banned substance Thymosin-Beta 4. In most anti-doping cases athletes are convicted through an 'analytical positive': the presence of a banned substance or its metabolites in a sample of the athlete's body fluid. An analytical positive establishes liability with a high degree of certainty. The Essendon players were adjudged according to circumstantial and hearsay evidence, which, according to the CAS, formed 'strands in the cable' establishing guilt. Several individuals named as suppliers of Thymosin-Beta 4 were in the jurisdiction and could have been subpoenaed to appear before the CAS. After an analytical positive direct witness evidence would almost certainly be the most reliable. They were not called. This article considers the question of 'why not'.

      PubDate: Fri, 7 Jul 2017 20:51:17 GMT
       
 
 
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