Modern sports law : a textbook for students / by Jack Anderson.

Enhanced descriptions from Syndetics:

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.

Table of contents provided by Syndetics

• Preface (p. vii)
• Acknowledgements (p. xix)
• Table of Cases (p. xxvii)
• Table of Statutes (p. xli)
• Table of International Treaties (p. xlv)
• Table of Court of Arbitration for Sport Awards (p. xlvii)
• 1 Introduction: What is Sports Law?
• Introduction [1.01] (p. 1)
• Sport and the Law: A History [1.05] (p. 3)
• What is Sport? [1.06] (p. 4)
• Sport as a Diversion [1.09] (p. 7)
• Technology, Media and the Development of Sport [1.12] (p. 9)
• Socio-Political Aspects of Sport [1.14] (p. 11)
• Sport, Law and the Civilising Process [1.16] (p. 13)
• Sport and the Law or Sports Law? [1.24] (p. 20)
• Conclusion [1.33] (p. 26)
• 2 Challenging Decisions of Sports Governing Bodies
• Introduction [2.01] (p. 28)
• Diane Modahl [2.04] (p. 29)
• The Popplewell Principle [2.06] (p. 31)
• The De Novo Cure [2.08] (p. 32)
• A Fair Decision [2.11] (p. 34)
• 'Ambush' Injunctions [2.16] (p. 38)
• A Fair Go [2.22] (p. 44)
• The Presence of a Contract: Fact or Fiction? [2.23] (p. 45)
• The Aga Khan [2.25] (p. 47)
• The Alyisa Affair [2.26] (p. 48)
• Be My Royal [2.27] (p. 48)
• An Unnecessary Preclusion of Public Law? [2.33] (p. 52)
• Sport and Society [2.34] (p. 52)
• Comparable Jurisdictions [2.36] (p. 53)
• Datafin Parameters [2.39] (p. 56)
• Graham Bradley [2.47] (p. 61)
• Quasi-Public Law Approach in Private Law Claims [2.50] (p. 63)
• Inherent Supervisory Jurisdiction [2.51] (p. 64)
• Bradley: A Summary [2.53] (p. 66)
• Quasi-Public Sporting Authorities [2.54] (p. 68)
• Restraint of Trade [2.56] (p. 70)
• Conclusion [2.62] (p. 75)
• 3 Arbitration and Alternative Dispute Resolution in Sport
• Introduction [3.01] (p. 77)
• Court of Arbitration for Sport [3.03] (p. 79)
• The Gundel Effect [3.04] (p. 80)
• Administrative Independence [3.07] (p. 83)
• Legal Recognition [3.09] (p. 84)
• Practical Acceptance [3.12] (p. 87)
• The Future of CAS [3.13] (p. 87)
• CAS's Jurisdiction [3.14] (p. 88)
• Lex Sportiva or Ludicrous Latin? [3.15] (p. 89)
• A Permanent CAS? [3.19] (p. 92)
• A UK Sports Tribunal [3.23] (p. 95)
• Sport Resolutions UK [3.24] (p. 96)
• Time to Get STUK? [3.26] (p. 97)
• An Audit under Article 6 ECHR [3.30] (p. 101)
• Fairness and Article 6 ECHR: General Legal Principles [3.31] (p. 102)
• The Ten 'Commitments' of a Fair Sports Disciplinary Process [3.35] (p. 104)
• Conclusion [3.36] (p. 110)
• 4 The Legal Regulation of Drugs in Sport
• Introduction [4.01] (p. 113)
• The World Anti-Doping Agency [4.04] (p. 114)
• WADA: A History [4.05] (p. 115)
• WADA: An Example of Global Administrative/Criminal Law? [4.09] (p. 117)
• WADA: Codification and Prohibition [4.12] (p. 120)
• Administrative and Legal Aspects of Doping Infractions [4.14] (p. 122)
• Definition of Doping [4.15] (p. 122)
• Strict Liability [4.16] (p. 123)
• Individual Unfairness versus the Collective Interest [4.18] (p. 124)
• Absolute (and overly) Strict Liability? [4.19] (p. 125)
• Modified Strict Liability [4.21] (p. 126)
• Burden of Proof [4.24] (p. 127)
• Standard of Proof [4.25] (p. 128)
• Presumed Fault/Flexibility of Sanction [4.26] (p. 129)
• Principle of Proportionality [4.27] (p. 130)
• Defending an Athlete on a Doping Charge [4.28] (p. 130)
• General Issues of Due Process [4.29] (p. 131)
• Therapeutic Use Exemption [4.31] (p. 132)
• Chain of Custody [4.32] (p. 133)
• Article 10 WADC [4.34] (p. 135)
• Article 10.4 WADC [4.35] (p. 136)
• Article 10.5 WADC [4.36] (p. 136)
• Whereabouts and Privacy [4.39] (p. 138)
• The Controlled Use of Drugs in Sport: A Philosophical Digression [4.42] (p. 140)
• Liberalism [4.43] (p. 140)
• Resource Implications [4.45] (p. 141)
• Blurred Ethical Line [4.47] (p. 143)
• Questionable Moral Basis [4.50] (p. 145)
• Paternalism [4.53] (p. 147)
• Health and the Well-Being of Athletes [4.54] (p. 148)
• Cheating and the Integrity of Sport [4.58] (p. 150)
• Soft Paternalism: Replacing Strict Liability with Safety Liability [4.62] (p. 153)
• Flaws in the Strict Approach to PEDs in Sport [4.67] (p. 157)
• Cost/Benefit Analysis [4.68] (p. 157)
• Diminishing Returns [4.69] (p. 158)
• Sport's Prohibition Era [4.70] (p. 159)
• Implementing Safety Liability not Strict Liability [4.73] (p. 161)
• Harm Reduction [4.74] (p. 161)
• Changing the Moral and Ethical Framework of the Debate on PEDs [4.76] (p. 162)
• How Might the Softly/Safety Liability Approach Work? [4.79] (p. 163)
• Might the Softly/Safety Approach Work Ever be Contemplated? [4.81] (p. 165)
• The Savulescu-Kayser Model: The Way Forward? [4.85] (p. 168)
• Conclusion [4.89] (p. 170)
• 5 Criminal Violence in Sport
• Introduction [5.01] (p. 173)
• Criminal Liability for On-Field Violence [5.03] (p. 175)
• Implied Sporting Consent [5.08] (p. 179)
• No Licence for Thuggery: Rugby Union and The Criminal Law [5.13] (p. 183)
• The Cey Test: Ice Hockey and the Criminal Law [5.22] (p. 189)
• R v Barnes [5.30] (p. 194)
• Current Status of the Law of 'Sporting' Assault [5.35] (p. 197)
• Conclusion [5.36] (p. 197)
• Postscript: The Legality of Boxing [5.38] (p. 199)
• Medical Considerations [5.41] (p. 200)
• Legal Considerations [5.45] (p. 202)
• Jurisprudential Considerations [5.56] (p. 207)
• What to do With Pro-Boxing? [5.68] (p. 214)
• 6 Civil Liability in Sport
• Introduction [6.01] (p. 218)
• Torts and Sports Generally [6.02] (p. 219)
• Sporting Batteries [6.04] (p. 220)
• Sporting Negligence [6.07] (p. 223)
• The 'Sportsman's' Charter [6.12] (p. 226)
• Reasonable Care or Reckless Disregard? [6.16] (p. 229)
• The Reasonable Person of The Sporting World [6.22] (p. 232)
• The Practice of Sports Participant Liability [6.34] (p. 238)
• Measure of Damage [6.35] (p. 239)
• Vicarious Liability [6.43] (p. 242)
• Unlawful Interference with Economic Relations [6.47] (p. 245)
• Extending Tortious Liability [6.48] (p. 246)
• Fact-Specific [6.56] (p. 250)
• Control Devices [6.57] (p. 250)
• Social Utility [6.59] (p. 251)
• Conclusion [6.61] (p. 253)
• 7 Sports-Related Contracts of Employment
• Introduction [7.01] (p. 257)
• A Contractual Web [7.02] (p. 258)
• Boxers: Trainers; Managers; Promoters; and Conflicts of Interest [7.03] (p. 258)
• Footballers: Sponsors; International Duties; Third Party Owners; and Agents [7.05] (p. 260)
• International Duties [7.08] (p. 262)
• Agents [7.12] (p. 265)
• What Do Football Agents Do? [7.14] (p. 266)
• How Does Football Regulate Agents? [7.25] (p. 272)
• Formation of and Capacity to Contract [7.32] (p. 276)
• Oral Contracts [7.33] (p. 276)
• Standard and Central Playing Contracts [7.37] (p. 279)
• Work Permits [7.39] (p. 281)
• Protection of Minors [7.42] (p. 283)
• Inducing or Procuring a Breach of Contract [7.49] (p. 287)
• Training Compensation [7.52] (p. 289)
• Child Trafficking? [7.59] (p. 292)
• Content and Termination of Contract [7.63] (p. 295)
• Duties and Obligations of Players [7.65] (p. 296)
• Duties and Obligations of Clubs [7.69] (p. 299)
• Remuneration [7.70] (p. 300)
• Image Rights [7.73] (p. 302)
• Breach and Termination of Contract by Club or Player [7.76] (p. 304)
• The 'Cause' of a Player's Premature Termination of Contract [7.82] (p. 308)
• Player-Led Causes of Termination [7.83] (p. 308)
• FIFA-mandated Causes of Termination [7.85] (p. 309)
• Webster v Matuzalem [7.90] (p. 312)
• Conclusion [7.101] (p. 319)
• 8 Conclusion: Brussels or Boston? The Future of Sports Law
• Introduction [8.01] (p. 320)
• Bosman: Addressing the Past [8.02] (p. 321)
• Bosman: Legal Background [8.03] (p. 322)
• Bosman: The Ruling [8.07] (p. 324)
• The Basis of Bosman's Claim [8.08] (p. 325)
• UEFA's Defence and the ECJ's Decision [8.10] (p. 326)
• The Applicability of the Fundamental Freedom of Movement [8.11] (p. 326)
• Transfer Rules, Obstacles to the Free Movement of Workers [8.15] (p. 328)
• Foreign Player Quotas and the Free Movement of Workers [8.20] (p. 331)
• Bosman: The Immediate Aftermath [8.24] (p. 333)
• Bosman: Directing the Present [8.31] (p. 337)
• The 'Widening' of EU Sports Law [8.32] (p. 338)
• The 'Deepening' of EU Sports Law [8.34] (p. 339)
• Free Movement and Nationality Post-Bosman [8.35] (p. 340)
• Freedom To Provide Services Post-Bosman [8.37] (p. 342)
• Competition Law and Sport Post-Bosman [8.41] (p. 344)
• Revenue-Generating Activities [8.43] (p. 346)
• Organisation of Sport [8.46] (p. 347)
• Bosman: Shaping the Future? [8.50] (p. 349)
• EU Law and the Specificity of Sport [8.51] (p. 350)
• The Case-By-Case Development of EU Sports Law [8.54] (p. 352)
• Conclusion [8.58] (p. 355)
• Index (p. 364)

Author notes provided by Syndetics