Sports Law eJournal

Contador, cows and strict liability

Saul Fridman — Mon, 14 Jan 2013 16:21:42 PST

Extract:

The fight to eradicate the use of performance enhancing substances in sport has been the matter of significant public attention in recent years. Perhaps no sport is affected more than the sport of cycling.

Australian sport and the Commonwealth constitution

Chris Davies — Thu, 06 Dec 2012 21:47:59 PST

Sports law generally consists of areas of law applied to a sporting context, although now we are seeing the development of a lex sportiva. One area of the law that has rarely been applied to sport is constitutional law. However, recent High Court of Australia cases have examined the application of s 92 of the Constitution of Australia to sports gambling.

The obligations of mutual fidelity between athletes and their employers

David Thorpe — Tue, 04 Dec 2012 20:57:15 PST

This article considers the mutual obligations of fidelity between sportspeople and their employers. Is it an implied obligation of an employee athlete not to compete against his or her employer sporting organisation? Do employee athletes owe a lesser duty of fidelity because their employers routinely display less fidelity themselves?

Concussion policies of the National Football League: Revisiting the 'Sport Administrator's Charter' and the role of the Australian Football League and National Rugby League in concussion management

Annette Greenhow — Mon, 19 Dec 2011 16:51:57 PST

Litigation in the United States against the National Football League (NFL) for failing to protect its players from the effects of multiple concussions raises questions about the role and responsibility of the governing body. The NFL’s alleged failure may have exposed it to ‘Big Tobacco’-like litigation. Is a governing body ultimately responsible for player-health issues? This article reviews the litigation in the United States and examines the concussion management policies of the Australian Football League (AFL) and the National Rugby League (NRL).

Dangerous Sports and Obvious Risks - Anyone For Cricket?

Jim Corkery — Thu, 03 Nov 2011 19:19:27 PDT

Dangerous sports contribute noble attributes to society and promote social cohesion. Cricket is a sport in point. It is capable, too, of being a dangerous sport, with athletes hurling the hard cricket ball at speeds in excess of 180 kph – or 100 mph. So cricket can be hazardous: cricket can injure. Should the law regulate for every risky situation and underwrite every recreational injury? Or should society tolerate, perhaps encourage, dangerous sports, because their benefits outweigh the costs?

Restraint Of Trade In Australian Sport - Was the AFL's hand forced on Ben Cousins?

Sam Chadwick — Thu, 27 May 2010 23:41:08 PDT

Sporting organisations are now sanctioning athletes for off-field conduct. This article considers the law on restraint of trade both at common law, and under the Trade Practices Act, and its relevance to sporting disputes. Specifically, it considers the legality of the suspension of prominent Australian Football League (AFL) player Ben Cousins and the legal issues surrounding the AFL Commission’s subsequent deliberations on whether or not to permit Cousins to re-enter the AFL.

Restraint of Trade Law in Sport

James Johnson — Wed, 01 Jul 2009 22:58:54 PDT

Landmark sports law cases such as Bosman, Buckley v Tutty and Federal Baseball Club have shaped the organisation of professional sport. This article analyses US, European and Australian cases applying restraint of trade laws. In particular, it examines cases which have dealt with the lawfulness of restraint mechanisms such as the transfer system, player draft and salary cap. The competing interests of the athlete and the club/league are not always easily reconciled. This article concludes that restraint of trade laws in the US favour the club/league, whereas in Europe, they tend towards the interests of the player. Australia’s application of restraint of trade laws to sport is more even-handed than in the US and Europe: it better balances the interests of the players and club/league.

The CAS An Arbitral Institution with its Seat in Switzerland

Dr. Meinrad Vetter — Thu, 23 Oct 2008 22:59:23 PDT

The Court of Arbitration for Sport (the CAS) has become a very successful international arbitral body. The CAS has its seat in Switzerland – arbitration before the CAS is based on Swiss law. In this article, Meinrad Vetter presents an overview of Swiss law governing CAS cases, including the rules of procedure on appeals from the CAS to the Swiss Supreme Court.

Malicious Drugging and the Contaminated Catheter: Adams v Canadian Centre For Ethics in Sport

Paul White — Thu, 23 Oct 2008 21:31:36 PDT

Adams’ case concerns a doping violation by a blameless wheelchair athlete leading to the usual two year ban. The CAS wished to overturn the ban and had to strain the meaning of Article 10.5.1 of the WADA Code to prevent the unfair penalty. An amendment to the Code to allow a more flexible principle of proportionality in doping offences that involve exceptional circumstances might be an answer.

Anti-Doping Suspensions and Restraint of Trade in Sport

Annette Greenhow — Thu, 17 Apr 2008 21:24:29 PDT

The regulator of doping in sport seeks to preserve the spirit of sport and act as the paternalistic protector of the sports participant. But sanctions originally designed to stop drug cheats using artificial performance enhancers in Olympic competition have expanded to cover the use of recreational drugs. There is emerging support for the view that the penalty must fit the crime and that governing bodies must ensure that their legitimate interests outweigh the detriment to the athlete. With doping sanctions imposed for the use of recreational drugs, a restraint of trade claim has prospects of success on the basis of a weakening of the public policy justification for imposing the sanction.