Modern Sports Law: A Textbook

by Jack Anderson

Overview

The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur.

Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally.

While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.

Product Details

ISBN-13:	2901841136850
Publication date:	10/26/2010
Pages:	424
Product dimensions:	6.00(w) x 1.25(h) x 9.00(d)

About the Author

Jack Anderson is a senior lecturer in law at Queen's University Belfast.

Table of Contents

Preface vii

Acknowledgements xix

Table of Cases xxvii

Table of Statutes xli

Table of International Treaties xlv

Table of Court of Arbitration for Sport Awards xlvii

1 Introduction: What is Sports Law?

Introduction [1.01] 1

Sport and the Law: A History [1.05] 3

What is Sport? [1.06] 4

Sport as a Diversion [1.09] 7

Technology, Media and the Development of Sport [1.12] 9

Socio-Political Aspects of Sport [1.14] 11

Sport, Law and the Civilising Process [1.16] 13

Sport and the Law or Sports Law? [1.24] 20

Conclusion [1.33] 26

2 Challenging Decisions of Sports Governing Bodies

Introduction [2.01] 28

Diane Modahl [2.04] 29

The Popplewell Principle [2.06] 31

The De Novo Cure [2.08] 32

A Fair Decision [2.11] 34

'Ambush' Injunctions [2.16] 38

A Fair Go [2.22] 44

The Presence of a Contract: Fact or Fiction? [2.23] 45

The Aga Khan [2.25] 47

The Alyisa Affair [2.26] 48

Be My Royal [2.27] 48

An Unnecessary Preclusion of Public Law? [2.33] 52

Sport and Society [2.34] 52

Comparable Jurisdictions [2.36] 53

Datafin Parameters [2.39] 56

Graham Bradley [2.47] 61

Quasi-Public Law Approach in Private Law Claims [2.50] 63

Inherent Supervisory Jurisdiction [2.51] 64

Bradley: A Summary [2.53] 66

Quasi-Public Sporting Authorities [2.54] 68

Restraint of Trade [2.56] 70

Conclusion [2.62] 75

3 Arbitration and Alternative Dispute Resolution in Sport

Introduction [3.01] 77

Court of Arbitration for Sport [3.03] 79

The Gundel Effect [3.04] 80

Administrative Independence [3.07] 83

Legal Recognition [3.09] 84

Practical Acceptance [3.12] 87

The Future of CAS [3.13] 87

CAS's Jurisdiction [3.14] 88

Lex Sportiva or Ludicrous Latin? [3.15] 89

A Permanent CAS? [3.19] 92

A UK Sports Tribunal [3.23] 95

Sport Resolutions UK [3.24] 96

Time to Get STUK? [3.26] 97

An Audit under Article 6 ECHR [3.30] 101

Fairness and Article 6 ECHR: General Legal Principles [3.31] 102

The Ten 'Commitments' of a Fair Sports Disciplinary Process [3.35] 104

Conclusion [3.36] 110

4 The Legal Regulation of Drugs in Sport

Introduction [4.01] 113

The World Anti-Doping Agency [4.04] 114

WADA: A History [4.05] 115

WADA: An Example of Global Administrative/Criminal Law? [4.09] 117

WADA: Codification and Prohibition [4.12] 120

Administrative and Legal Aspects of Doping Infractions [4.14] 122

Definition of Doping [4.15] 122

Strict Liability [4.16] 123

Individual Unfairness versus the Collective Interest [4.18] 124

Absolute (and overly) Strict Liability? [4.19] 125

Modified Strict Liability [4.21] 126

Burden of Proof [4.24] 127

Standard of Proof [4.25] 128

Presumed Fault/Flexibility of Sanction [4.26] 129

Principle of Proportionality [4.27] 130

Defending an Athlete on a Doping Charge [4.28] 130

General Issues of Due Process [4.29] 131

Therapeutic Use Exemption [4.31] 132

Chain of Custody [4.32] 133

Article 10 WADC [4.34] 135

Article 10.4 WADC [4.35] 136

Article 10.5 WADC [4.36] 136

Whereabouts and Privacy [4.39] 138

The Controlled Use of Drugs in Sport: A Philosophical Digression [4.42] 140

Liberalism [4.43] 140

Resource Implications [4.45] 141

Blurred Ethical Line [4.47] 143

Questionable Moral Basis [4.50] 145

Paternalism [4.53] 147

Health and the Well-Being of Athletes [4.54] 148

Cheating and the Integrity of Sport [4.58] 150

Soft Paternalism: Replacing Strict Liability with Safety Liability [4.62] 153

Flaws in the Strict Approach to PEDs in Sport [4.67] 157

Cost/Benefit Analysis [4.68] 157

Diminishing Returns [4.69] 158

Sport's Prohibition Era [4.70] 159

Implementing Safety Liability not Strict Liability [4.73] 161

Harm Reduction [4.74] 161

Changing the Moral and Ethical Framework of the Debate on PEDs [4.76] 162

How Might the Softly/Safety Liability Approach Work? [4.79] 163

Might the Softly/Safety Approach Work Ever be Contemplated? [4.81] 165

The Savulescu-Kayser Model: The Way Forward? [4.85] 168

Conclusion [4.89] 170

5 Criminal Violence in Sport

Introduction [5.01] 173

Criminal Liability for On-Field Violence [5.03] 175

Implied Sporting Consent [5.08] 179

No Licence for Thuggery: Rugby Union and The Criminal Law [5.13] 183

The Cey Test: Ice Hockey and the Criminal Law [5.22] 189

R v Barnes [5.30] 194

Current Status of the Law of 'Sporting' Assault [5.35] 197

Conclusion [5.36] 197

Postscript: The Legality of Boxing [5.38] 199

Medical Considerations [5.41] 200

Legal Considerations [5.45] 202

Jurisprudential Considerations [5.56] 207

What to do With Pro-Boxing? [5.68] 214

6 Civil Liability in Sport

Introduction [6.01] 218

Torts and Sports Generally [6.02] 219

Sporting Batteries [6.04] 220

Sporting Negligence [6.07] 223

The 'Sportsman's' Charter [6.12] 226

Reasonable Care or Reckless Disregard? [6.16] 229

The Reasonable Person of The Sporting World [6.22] 232

The Practice of Sports Participant Liability [6.34] 238

Measure of Damage [6.35] 239

Vicarious Liability [6.43] 242

Unlawful Interference with Economic Relations [6.47] 245

Extending Tortious Liability [6.48] 246

Fact-Specific [6.56] 250

Control Devices [6.57] 250

Social Utility [6.59] 251

Conclusion [6.61] 253

7 Sports-Related Contracts of Employment

Introduction [7.01] 257

A Contractual Web [7.02] 258

Boxers: Trainers; Managers; Promoters; and Conflicts of Interest [7.03] 258

Footballers: Sponsors; International Duties; Third Party Owners; and Agents [7.05] 260

International Duties [7.08] 262

Agents [7.12] 265

What Do Football Agents Do? [7.14] 266

How Does Football Regulate Agents? [7.25] 272

Formation of and Capacity to Contract [7.32] 276

Oral Contracts [7.33] 276

Standard and Central Playing Contracts [7.37] 279

Work Permits [7.39] 281

Protection of Minors [7.42] 283

Inducing or Procuring a Breach of Contract [7.49] 287

Training Compensation [7.52] 289

Child Trafficking? [7.59] 292

Content and Termination of Contract [7.63] 295

Duties and Obligations of Players [7.65] 296

Duties and Obligations of Clubs [7.69] 299

Remuneration [7.70] 300

Image Rights [7.73] 302

Breach and Termination of Contract by Club or Player [7.76] 304

The 'Cause' of a Player's Premature Termination of Contract [7.82] 308

Player-Led Causes of Termination [7.83] 308

FIFA-mandated Causes of Termination [7.85] 309

Webster v Matuzalem [7.90] 312

Conclusion [7.101] 319

8 Conclusion: Brussels or Boston? The Future of Sports Law

Introduction [8.01] 320

Bosman: Addressing the Past [8.02] 321

Bosman: Legal Background [8.03] 322

Bosman: The Ruling [8.07] 324

The Basis of Bosman's Claim [8.08] 325

UEFA's Defence and the ECJ's Decision [8.10] 326

The Applicability of the Fundamental Freedom of Movement [8.11] 326

Transfer Rules, Obstacles to the Free Movement of Workers [8.15] 328

Foreign Player Quotas and the Free Movement of Workers [8.20] 331

Bosman: The Immediate Aftermath [8.24] 333

Bosman: Directing the Present [8.31] 337

The 'Widening' of EU Sports Law [8.32] 338

The 'Deepening' of EU Sports Law [8.34] 339

Free Movement and Nationality Post-Bosman [8.35] 340

Freedom To Provide Services Post-Bosman [8.37] 342

Competition Law and Sport Post-Bosman [8.41] 344

Revenue-Generating Activities [8.43] 346

Organisation of Sport [8.46] 347

Bosman: Shaping the Future? [8.50] 349

EU Law and the Specificity of Sport [8.51] 350

The Case-By-Case Development of EU Sports Law [8.54] 352

Conclusion [8.58] 355

Index 364

Editorial Reviews

"Let me say it directly! Jack Anderson's book is very good and recommended reading for anyone interested in the sport's future regulation, the standard of development and its relationship to social trends." --Idrottsforum.org

"This recently published book provides a welcome addition for those engaged in the study of legal aspects of sport.
[Anderson] has provided careful analysis of many major features of modern sports law. One of the strengths of his work is the way in which he draws useful comparisons between the experience and decisions of the English courts with those of other common law jurisdictions. In addition, the ultimate readers are helped in their understanding by the reasoned and helpful referencing throughout the book. One must also add congratulations to Hart Publishing for their provision of an easy to follow structure and indexing of the text. Finally, it is suggested that Anderson's book will no doubt be a popular purchase by those who wish to enhance their study and interest in sports, whether as practitioners, students or general readers." --Sport and the Law Journal, Volume 18, Issue 2

"...its content is minutely up to date and its analysis is strong and has a distinct and very interesting individuality to it.
I, for one, will be recommending the book as an insightful and up-to-date treatise on the discipline that is sports law." --Irish Jurist, Volume 45

"Modern Sports Law, A Textbook, is a very comprehensive and overall original approach to Sports Law.
Jack Anderson brings about a fresh approach to the study of the topic.
What is undeniable is that it's a magnificent work, which shows the encyclopedic knowledge of the author. The books included in the references are numerous and varied, it's truly impressive.
...this book would be very appropriate for students with a law degree and even for professionals that want to increase their knowledge about specific areas." --www.lawinsport.com

"This is a well-researched and well-written Book on 'Sports Law' and one that I would heartily and unhesitatingly recommend to students and practitioners alike." --International Sport Law Journal

From the Publisher