BASL Discussion Boards - Recent Posts http://www.britishsportslaw.org/discussions/recent.aspx BASL Discussion Boards - Recent Posts en-us http://blogs.law.harvard.edu/tech/rss Jitbit AspNetForum Sun, 21 Feb 2010 23:40:14 GMT Sun, 21 Feb 2010 23:40:14 GMT http://www.britishsportslaw.org/discussions/topic11-poll-should-the-ashes-be-a-listed-event.aspx Message from louw@ukzn.ac.za Sun, 21 Feb 2010 23:40:14 GMT http://www.britishsportslaw.org/discussions/topic12-chelsea-transfer-ban-lifted.aspx Message from siobhan_mwalsh@hotmail.com Tue, 16 Feb 2010 12:05:34 GMT http://www.britishsportslaw.org/discussions/topic10-sport-and-social-media.aspx Message from siobhan_mwalsh@hotmail.com
I think that athletes/governing body's should have twitter pages etc because it offers an unrivalled ability to connect with fans. They need to be heavily moderated in order to ensure that users comments don't bring the athlete etc aren't brought into disrepute but once set up is very easy to maintain.]]> Tue, 16 Feb 2010 12:03:27 GMT http://www.britishsportslaw.org/discussions/topic12-chelsea-transfer-ban-lifted.aspx Message from alex.davids@mbg.co.uk
Now this is all very convenient isn’t it?

There seems to be a missing link which has been somewhat smoothed-over. FIFA accepted in the first instance that there had been a contract between Lens and Kakuta, the breach of which was capable of being induced. Lens have now changed their mind and (for whatever reason…wink wink nudge nudge) now accept that there wasn’t any such contract. It would be unfair not to point out at this point that prohibitions imposed by French employment law on those below 16 entering employment contracts would have been a factor. However why have the parties been allowed to decide this matter? Why because the parties agree that there was no valid contract does it follow that there was no valid contract? Surely it is for CAS to decide on its own accord whether on the facts there was a valid contract. As we can only speculate on the detail I will stop at saying that it does not seem quite right.]]> Fri, 05 Feb 2010 13:39:57 GMT http://www.britishsportslaw.org/discussions/topic11-poll-should-the-ashes-be-a-listed-event.aspx Message from sarah.james@swimming.org Wed, 03 Feb 2010 11:37:54 GMT http://www.britishsportslaw.org/discussions/topic9-sports-moral-high-ground.aspx Message from Rod Findlay. McDaniel & Co. Newcastle
Regulations are easy to draft and pass. It is in the enforcement that investment needs to be made. And sports need to ask themselves when passing regulations how seriously are they going to take them and are they going to equip their compliance units with the resources to catch athletes breaking the rules.

As we have seen in various regulations, such as salary caps and anti-doping, some sports take the enforcement more seriously than others.]]> Mon, 25 Jan 2010 09:31:48 GMT http://www.britishsportslaw.org/discussions/topic10-sport-and-social-media.aspx Message from Julian.SUMMERHAYES@foot-ansteys.co.uk Mon, 18 Jan 2010 16:18:28 GMT http://www.britishsportslaw.org/discussions/topic9-sports-moral-high-ground.aspx Message from andyharris202@hotmail.com
Now we can see multiple repeats these scandals for ourselves as opposed to watching fuzzy black and white televisions or listening to the drama unfold over the radio or reading someone’s view of an incident in the newspaper. There is also the added incentive of millions of pounds rewarding success which heightens the temptation to ‘stretch’ the boundaries of gamesmanship. What would had happened had Sterling Moss, WG Grace or Sir Stanley Matthews been exposed to the same pressures and rewards?

Sport is evolving and the morals and regulations must evolve with it to implement this technology that won’t disappear.]]> Wed, 16 Dec 2009 11:03:41 GMT http://www.britishsportslaw.org/discussions/topic6-age-discrimination-in-sport.aspx Message from p.charlish@shu.ac.uk
http://www.guardian.co.uk/football/2009/oct/19/sir-alex-ferguson-fa-alan-wiley

Although the pertinent age for referees in this country is 49 this has been compromised fairly recently:

http://www.dailymail.co.uk/sport/football/article-1030046/Referee-Walton-carry-retirement-age-successful-appeal.html

Clearly Alan Wiley, (who is one of our more veteran referees), physically is able to continue in his job, (as was demonstrated by the release of the OPTA stats when Sir Alex questioned his fitness) therefore can there be any justification for retiring him and other referees in a similar position?]]> Mon, 07 Dec 2009 15:19:27 GMT http://www.britishsportslaw.org/discussions/topic8-room-searches--proportionate-antidoping-measure.aspx Message from sarah.james@swimming.org http://www.telegraph.co.uk/sport/othersports/olympics/london2012/6338146/2012-Olympic-athletes-may-face-room-searches-by-anti-doping-officials.html]]> Tue, 24 Nov 2009 09:46:06 GMT http://www.britishsportslaw.org/discussions/topic7-student-discussion-threads.aspx Message from sarah.james@swimming.org
Happy posting!]]> Wed, 18 Nov 2009 10:14:45 GMT http://www.britishsportslaw.org/discussions/topic6-age-discrimination-in-sport.aspx Message from sarah.james@swimming.org
http://news.bbc.co.uk/sport1/hi/golf/8362260.stm]]> Mon, 16 Nov 2009 15:26:24 GMT http://www.britishsportslaw.org/discussions/topic6-age-discrimination-in-sport.aspx Message from sarah.james@swimming.org
http://www.equalities.gov.uk/news/age_consultation.aspx

All responses have to be received by 30th September 2009.

Perhaps pre-empting some of the feedback from the sports sector, there is already a section on sport in the commentary:

"When the age discrimination ban is brought into force an exception will be made to make it clear that age banding or age specific sporting events, leagues or training facilities will continue to be lawful where those promote fair competition or the safety of competitors. The age exception will be similar to the exception already in the draft Equality Bill that apply to singe sex sporting competitions and events and will allow age banded sporting competitions where physical strength, stamina or physique are major factors in determining success or failure and in which people in one age group are generally likely to be at a disadvantage in comparison with people in another age group. For example, many tennis clubs run separate competitions for “veterans” ages over 40 or 45 years."

So, it is clearly a very current and lively issue that sport cannot escape!]]> Fri, 25 Sep 2009 09:41:53 GMT http://www.britishsportslaw.org/discussions/topic3-technological-doping.aspx Message from Nick.Bitel@mbg.co.uk
http://road.cc/content/news/4934-new-uci-rule-clarification-spells-trouble-british-cycling-bike-makers-and-you

Manufacturers are always seeking to improve their products and if Governing Bodies seek to limit improvements in equipment there is a danger that the sport becomes stale. Is tennis any worse off because players no longer use wooden racquets or in golf should we go back to the mashie niblick or jigger?]]> Thu, 17 Sep 2009 14:30:13 GMT http://www.britishsportslaw.org/discussions/topic5-caster-semenya.aspx Message from louw@ukzn.ac.za What I did find particularly disappointing, though, was the politicisation of these events (I do not want to talk politics here, simply stating the facts) by the ANC here in SA. I read that the allegations of 'racism' against white South Africans and the media, by top ANC figures, were reported in UK newspapers. Once again a very sad example of how sport remains a political football in SA and, specifically, how the ANC still manages to play the race card at every turn. I've done some work on the race-based sports transformation processes in SA post 1994, and have predicted for some time that this continued stance on 'black/white' sport (and government policies relating to the polarisation of racial groups in sport through policies and legislation of dubious legitimacy) pose the potential for future problems for SA sport on the global stage. These kinds of incidents (regarding 'racialising' incidents like Caster's scenario) may even (in my view) lead to more drastic government/ANC intervention in sport in future. I hope not, as I would hate to see a future backlash by the international sporting community against political interference in sport as encountered in the dark days of apartheid.
Come on guys - forget the race card and let's just support both the athlete and the relevant rules of the international governing body. Hopefully, though, the media will also in future try to handle things with more circumspection and respect for the rights of the individual athlete.

Andre Louw]]> Fri, 28 Aug 2009 15:30:16 GMT http://www.britishsportslaw.org/discussions/topic5-caster-semenya.aspx Message from siobhan_mwalsh@hotmail.com
I was disappointed to see that the controversy regarding her was being discussed tonight on the BBC. Not because they shouldn’t report such a story but because it is public at all. If this were a doping case then rumours would be abound within the community but I’d hear nothing/little about it yet this is widely publicised; a grossely unfair intrusion if this is incorrect and one which raises human rights issues.

Oh and did I just hear Marilyn Okoro refer to Caster as ‘that man’? Maybe not. Anyway…

So is justice fair?

According to IAAF rules, a competitor must be fully female to compete in women’s events which is fair but what happens in the short term? The IAAF spokesman was careful to say that this isn’t her fault and if there are no, shall I say, ‘outward signs’ then fair enough. However, where is the line drawn between what she should’ve reasonably been expected to know/suspect and what she should’ve done about it. What a mess! If there is ambiguity then the grey area is furthered by the headache of what to do if someone unwittingly gains an advantage via a medical condition.

Let me give you a less controversial example: I have a friend who was on large doses of steroids recently for the best part of a year. Had she been an athlete then possibly a TUE could’ve been issued and she could’ve raced. Now whilst the tablets were prescribed to do nothing other than heal her body to the standard of anyone else, she told me that she was far beyond that. I asked her if she thought that had she been an athlete and, through no fault of her own, innocently been on those tablets then would she have gained an unfair advantage? Her response was that she had never felt so physically and mentally strong in her life so her answer was yes.

The fact is that whether something is an athlete’s fault or not if they gain an unfair advantage it is unfair on the other comptitors. I think that if she is found to be ambigious then whether she is at fault or not then the medal must be handed back.

Am I being too hard on her? I hope the tests come back clear but even if they do I fear that there will always be a shadow over her victory.]]> Wed, 19 Aug 2009 20:58:10 GMT http://www.britishsportslaw.org/discussions/topic4-world-cup-2010--disaster-waiting-to-happen.aspx Message from siobhan_mwalsh@hotmail.com
I'm glad the mood is more positive and the workers strikes haven't hampered preparations too much. I hope there aren't too many more so delays and costs and minimised. I was pleased to see that the Confed Cup was such a succesful event, giving the authorities a nice amount of time to iron out any problems and learn any lessons.

Now if I can just arrange a 4-0 win for Scotland v Norway tonight......]]> Wed, 12 Aug 2009 15:02:18 GMT http://www.britishsportslaw.org/discussions/topic4-world-cup-2010--disaster-waiting-to-happen.aspx Message from louw@ukzn.ac.za While your concerns are understandable (and possibly quite justified), general feeling here in SA seems to have become much more positive in recent months, especially following what is generally perceived to have been a successful Confed Cup (where it appears the only real problem was poor marketing and resultant disappointing ticket sales for some games). The issue of stadium readiness is, however, a concern in light of the continuing incidents of strike action by workers on some of these projects, although I am of the view that proactive steps will be taken by government (i.e. pressure on trade unions) if it should become doubtful that any stadium will be ready by the due date.
Will have to wait and see

Regards, Andre Louw (University of KwaZulu-Natal, Durban, SA)

siobhan_mwalsh@hotmail.com wrote:
The closer we come to the WC the more I wonder if it'll be a complete disaster. Ok so that's a little dramatic but here are the two main things that bother me:

- security. I won't need to state statistics because we all know them. My worry is if the measures that are being taken (safe zones etc) will be sufficient to protect tourists. Whilst a safe zone may do exactly what it says on the tin how many people will actually adhere to it at all times? We've all been on holiday with (a) the ignorant tourist, "I wonder if what's down that mine shaft/over that cliff...let me fetch my camera", (b) the arrogant tourst, "I've paid my money and if I want to go down that mine shaft/over that cliff I will...let me fetch my camera" and (c) the cultured tourist, "I want to see the real (insert place of choice)...let me fetch my camera". My concern is what will happen to the many people who will undoubtably leave the safe zone. What other security measures will be in place?

- completed stadia. Athens was a close call to say the least and with the current stand-off between stadium workers who have rejected an improved wage offer by employers, but lowered their pay increase demands.


Maybe I'm being a little pessimistic but I have a bad feeling about this. I wonder if my greater concern should be whether or not Scotland will qualify!
edited by siobhan_mwalsh@hotmail.com on 7/15/2009
]]> Thu, 23 Jul 2009 13:17:15 GMT http://www.britishsportslaw.org/discussions/topic3-technological-doping.aspx Message from sarah.james@swimming.org
http://www.guardian.co.uk/sport/2009/jul/19/rebecca-adlington-swimsuit-fina

It will be interesting to see the direction the debate takes following the World Championships in Rome.]]> Tue, 21 Jul 2009 11:04:28 GMT http://www.britishsportslaw.org/discussions/topic4-world-cup-2010--disaster-waiting-to-happen.aspx Message from siobhan_mwalsh@hotmail.com
- security. I won't need to state statistics because we all know them. My worry is if the measures that are being taken (safe zones etc) will be sufficient to protect tourists. Whilst a safe zone may do exactly what it says on the tin how many people will actually adhere to it at all times? We've all been on holiday with (a) the ignorant tourist, "I wonder if what's down that mine shaft/over that cliff...let me fetch my camera", (b) the arrogant tourst, "I've paid my money and if I want to go down that mine shaft/over that cliff I will...let me fetch my camera" and (c) the cultured tourist, "I want to see the real (insert place of choice)...let me fetch my camera". My concern is what will happen to the many people who will undoubtably leave the safe zone. What other security measures will be in place?

- completed stadia. Athens was a close call to say the least and with the current stand-off between stadium workers who have rejected an improved wage offer by employers, but lowered their pay increase demands.


Maybe I'm being a little pessimistic but I have a bad feeling about this. I wonder if my greater concern should be whether or not Scotland will qualify!
edited by siobhan_mwalsh@hotmail.com on 7/15/2009]]> Wed, 15 Jul 2009 14:41:02 GMT http://www.britishsportslaw.org/discussions/topic3-technological-doping.aspx Message from siobhan_mwalsh@hotmail.com
I have yet to made aware of these http://www.prodirectsoccer.com/staticfeature.asp?FID=6552 actually making a player run faster - if they're fast, they're fast.
edited by siobhan_mwalsh@hotmail.com on 7/13/2009]]> Mon, 13 Jul 2009 23:44:40 GMT http://www.britishsportslaw.org/discussions/topic3-technological-doping.aspx Message from Nick.White@couchmanharrington.com http://www.britishsportslaw.org/resources/200978135434_BASL_Critical_Analysis_Has_Swimming_Got_the_Balance_Right_JON_HESHKA.pdf)

While I would concede that it is not necessarily the best thing for the sport, I do have grudging admiration for companies like Speedo who can develop technologies that are so effective they force governing bodies to change the regulations. It does not happen very often.
edited by Nick.White@couchmanharrington.com on 7/13/2009
edited by nick@carshare.uk.com on 8/3/2009]]> Mon, 13 Jul 2009 16:53:47 GMT