Sports Law

DR MARK JAMES is Reader in Law at the Salford Law School, University of Salford, UK. He is Director of the Salford Centre of Legal Research, and has published widely in the area of sports law, currently serving as the Editor for the Entertainment and Sports Law Journal. He is co-author of Core Statutes on Criminal Law, also published by Palgrave Macmillan.

PART 1 ORIGINS AND SOURCES OF SPORTS LAW 1. What is Sports Law? 1.1 What is sports law and where do we find it? 1.2 Domestic sports law 1.3 Global sports law 1.4 National sports law 1.5 European sports law 1.6 International sports law 1.7 Conclusion Hot Topic -- Why has the law become involved in sport? 2. Domestic and national sports law 2.1 The relationship between domestic and national sports law 2.2 The role of governing bodies and their legal status in English law 2.3 Challenging decisions in the English courts 2.4 The impact of National Sports Law on disciplinary and appeals tribunals Hot Topic -- Dwain Chambers and the legality of the Olympic ban for doping 3. Global and European sports law 3.1 The relationship between Global and European sports law 3.2 The applicability of EU law to sport 3.3 The Court of Arbitration for Sport Hot Topic -- The legality of compulsory player release clauses for international representative matches PART 2 SPORTS INJURIES AND DANGEROUS SPORTS 4. Liability for injuries caused by other participants 4.1 The growth of sports torts 4.2 Trespass to the person 4.3 Negligence 4.4 Negligence in sports cases 4.5 Vicarious liability 4.6 Defences Hot Topic - Vicarious liability and the future of the hard men of sport 5. Liability for injuries caused by non-participants 5.1 Extending sports negligence to new defendants 5.2 Coaches, instructors and supervisors 5.3 Referees and match officials 5.4 Governing bodies and international federations 5.5 Medical professionals Hot Topic -- Liability of sports organisations for the rules of the game -- should scrummaging be banned? 6. Violence, injuries and the criminal law 6.1 Sports violence and the criminal law 6.2 Common assault 6.3 The Offences Against the Person Act 1861 6.4 Defences 6.5 Homicide 6.6 Sentences 6.7 Sexual offences and child abuse 6.8 Violence towards spectators Hot Topic -- Does the law of the land stop at the touchline? 7. The legality of fighting sports 7.1 Context 7.2 The legal status of traditional fighting sports 7.3 The legal status of modern fighting sports 7.4 Justifying the legal status of fighting sports Hot Topic - The legal status of mixed martial arts PART 3 SPECTATORS, STADIUMS AND THE LAW 8. Liability for dangerous premises and dangerous events 8.1 General tortious liability of organisers and hosts of sports events 8.2 The Occupiers' Liability Acts 1957 and 1984 8.3 Nuisance 8.4 Actions in negligence 8.5 Outdoor and adventure sports Hot Topic - Compensation culture v. personal responsibility 9. Stadium disasters and spectator safety 9.1 Background and context 9.2 Empire Stadium, Wembley and The Shortt Report 9.3 Burnden Park, Bolton and the Moelwyn Hughes Report 9.4 Creating the conditions for further disasters 9.5 Ibrox Park, Glasgow and the Wheatley Report, 1971 9.6 Valley Parade, Bradford and The Popplewell Reports, 1985-86 9.7 Hillsborough Stadium, Sheffield and The Taylor Reports, 1989-90 Hot Topic -- Should the Football Licensing Authority's powers be extended to all sports grounds? 10. Crowd disorder and football hooliganism 10.1 Background and context 10.2 Government enquiries into crowd disorder 1967-1984 10.3 St Andrew's, Birmingham, Heysel Stadium, Brussels and The Popplewell Reports, 1985-6 10.4 Hillsborough Stadium, Sheffield and The Taylor Reports 1989-90 10.5 General legislation applicable to disorderly crowds 10.6 Football Banning Orders Hot Topic -- Are Football Banning Orders imposed under s.14B Football Spectators Act 1989 legal? PART 4 THE COMMERCIALISATION OF SPORT 11. Regulating sporting relationships in English law 11.1 The changing nature of sporting relationships 11.2 Indentifying and interpreting sports contracts 11.3 Conduct interfering with the performance of a contract 11.4 Restraint of trade 11.5 Discriminatory behaviour Hot Topic --The Tevez Affair 12. Regulating sporting relationships in EU law 12.1 Engaging EU law through sporting relationships 12.2 Treaty on the Functioning of the European Union Art.45 (ex Art.39 ECT) -- freedom of movement for workers 12.3 Treaty on the Functioning of the European Union Art.56 (ex Art.49 ECT) -- freedom to provide services 12.4 Treaty on the Foundation of the European Union Arts.101 and 102 (ex Arts.81 and 82 ECT) -- competition law Hot Topic -- Can nationality restrictions ever be legal? 13. The fan as consumer and the commercial exploitation of sport 13.1 The commercialisation and commodification of sport 13.2 Ticket touting and the regulation of secondary ticket sales 13.3 The exploitation of merchandising rights 13.4 Regulating access to televised sport Hot Topic -- Is there a need for a general offence of ticket-touting? 14. The Law and the Olympic Games 14.1 The modern Olympic Movement 14.2 British Olympic representatives 14.3 Olympic Symbols etc (Protection) Act 1995 14.4 London Olympic Games and Paralympic Games Act 2006 14.5 The impact of 'Olympic Law' Hot Topic -- Why are the Olympic Games special?