Sports Industry and the Law (LAWS70059)

This subject will be delivered online in 2020 over the scheduled dates.

Sport is both an industry of the modern age and a traditional activity that reaches to the core of the social fabric. Law and sport intersect in many and varied ways, some of which challenge established notions of thinking about law. Sports Industry and the Law is the flagship subject of the sports law program, surveying many areas of legal controversy in sport, with particular emphasis on the link between the commercialisation of sport and the emergence of sports law. This subject is the best place to start for students embarking on a program of sports law studies and, for the student with wider interests, the ideal subject through which to sample sports law.

The aim of this subject is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the subject focuses on legal doctrine, it will bear in mind sport’s historical, cultural, social and economic context, including the drama and colour of major sporting 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 subject addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known sometimes as “sports law” or lex sportiva. Thereafter, three main themes are identified: regulatory, participatory, and financial aspects of modern sport. The regulatory theme is dealt with in lectures that consider 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 criminal 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 lectures concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events.

In sum, the subject 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
• The likely future of sports law.