bluuebunny/crossref_metadata_2025 huggingface dataset:
An Ethnography of English Football Fans: Cans, Cops and Carnivals
Authors: Redhead Steve
Published: June 2016

In the latest book in the ‘New Ethnographies’ series from Manchester University Press Geoff Pearson has provided us with a much needed fresh perspective on football fan research. It should become a leading text in the field. There are three excellent participation observation studies presented here, all conducted by the author, from a period of fifteen years of fieldwork. They focus on fans of Blackpool FC, Manchester United FC and England; in Pearson’s words ‘the loud and noisy subculture of wider football fandom’. I have argued for many years that sociology of sport should produce better and more rigorous ethnographies of football fans to counter the litany of misinformation and fantasy which abounds on this topic, often stemming from tabloid journalism, the hooligan memoir books and internet sites and the ‘media hooligan wars’ that have been created. Geoff Pearson has certainly answered the call. The book is outstanding. Max Gluckman, and his colleagues, who founded the Department of Anthropology at the University of Manchester in the 1940s and created ‘the Manchester School’, would be proud of Pearson as one the new practitioners of that ethnographic work in a book series explicitly building on their fine legacy.
From the Editors
Authors: Osborn Guy
Published: June 2016

Entertainment Law is located within a dynamic and rapidly expanding area, in terms of both academic scholarship and legal practice. It is a subject that has now appeared within the undergraduate legal curriculum and perhaps more significantly within postgraduate study in both professional and academic courses. The broad aim of this journal is to provide an environment for considered discourse of this growing field of study from both a theoretical and practical perspective. Whilst the underpinning of Entertainment Law is unashamedly academic, we also wish to encourage submissions that stress the practical dimension to the area – in its entirety the journal aims to be a forum through which legal scholarship’s relationship with the practice of entertainment law may be explored.
Sports Celebrity Photographs and Copyright Law in the United States
Authors: Schneider Raymond G.
Published: June 2016

Sports memorabilia collecting is a $3bn per year industry in the United States. One popular and easily obtained memento is the sports celebrity photograph. Protected by the Copyright Act 1976, owners of sports celebrity photographs are entitled to several exclusive rights that restrict other’s use of their photographs. This article discusses the key exceptions of United States law that enable sports memorabilia collectors to market, trade, buy, and sell photographs, as well as outlining the potential legal pitfalls collectors should avoid, such as the duplication of photographs and the display of photographs over the internet.
Principles Underlying the Adjudication of Selection Disputes Preceding the Salt Lake City Winter Olympic Games: Notes for Adjudicators
Authors: Corbett Rachel
Published: June 2016

Selection disputes inevitably arise prior to any major games such as an Olympics. Prior to the 1996 Summer Olympics in Atlanta, some 25 disputes were heard in Canada. 1 In anticipation of the Salt Lake City Winter Olympics, an ad-hoc arbitration system was put in place in Canada to deal with these disputes. To assist the roster of adjudicators appointed to hear these matters, the Centre for Sport and Law 2 compiled and reviewed some 30 sport selection disputes from Canadian courts and tribunals. In this article, we summarize the legal basis for decision-making in sport and present some key themes that emerged from the review of these cases.
Stemming Illegal Trade of Works of Art - How can Private Law contribute?
Authors: Armbrüster Christian
Published: June 2016

Looted art has recently got more and more into the focus of international attention. This is due to a number of historical events concerning looted art. Two prominent examples are the looting of art from museums in Iraq in 2003 and the various ways the Nazis used for dispossessing owners of works of art in the period from 1939 until 1945. These and a wide range of other less prominent events such as the illegal excavation of archaeological objects have resulted in a flooding of the art market, as huge amounts of works of art that were illegally taken away from their former owners or original settings have been put on the art markets all over the world. Many of these objects have since become part of private or public collections.There are various ways in which the law may respond to these challenges. First of all there exist a number of legally binding provisions in the field of public law. Furthermore there are politically binding declarations such as the Terezin Declaration dated June 30, 2009. However the focus of this intervention, which takes as an example works of art that were looted somewhere in the world and then imported into Germany, is on the instruments provided by private law that may be used to discourage the looting and illegal trade of works of art. The contribution argues that the rules of private international law as well as those concerning the substantive property law should be subject to some modifications as far as the restitution of works of art is concerned. Private law may thus contribute to the protection of works of art and help reduce looting as well as illegal trade.
Football League Financial Fair Play: Domestic League Regulation
Authors: Geey Daniel
Published: June 2016

Football League Financial Fair Play kicks off in time for the 2012-13 Championship season. There are no sanctions for breaching the regulations in the 12/13 and 13/14 seasons. Come the 14/15 season, a club that is in breach of the regulations will face sanctions. It can be fined (if the club is in the Premier League at the time of the decision) or be subject to a transfer ban (if the club remains in the Championship at the time of the decision). A calculation table of fines has been published to enable clubs to understand the potential size of the penalty. Clubs who comply with the regulations will receive a share of any fines imposed on non-compliant clubs.
For and Against the Law:‘Buffy the Vampire Slayer’, ‘Angel’ and the Academy
Authors: Bradney Anthony
Published: June 2016

In this article I will first argue that the two television series ‘Buffy the Vampire Slayer’ (hereafter BtVS) and its spinoff series ‘Angel’ both contain an account of the place of law and legal institutions in society. However, whilst one series, BtVS, takes a mainly positive attitude towards law, the central characters usually seeking to live lawfully, ‘Angel’ shows those involved in the law to be, at best, morally flawed and the main character, Angel, consistently rejects the idea that any kind of law should determine his behaviour. If this is so, this appears to create a serious problem for the academic analysis of ideas about law in such programmes. The initial broadcasting of the two series overlaps. One man, Joss Whedon, is usually credited with the creation of both of the series. Given this, the utility of examining conceptions of law and legal institutions in programmes such as these might then seem to be put in doubt. Two different accounts of law and legal institutions produced at much the same time by the same person seems to emphasise the pure fictionality of the series. Interrogating the ideas and arguments in the series ignores the fact that they say radically different things at the same time. Why look at what the series and thus Whedon says about law and legal institutions in the two series, given the fact that Whedon seems to feel free to say anything that he chooses on an almost random basis? In the final part of this article I will show why, notwithstanding their contradictory nature, both accounts of law still deserve attention within the academy.
FIFA wins its latest domain name dispute filed with WIPO
Authors: Blackshaw Ian
Published: June 2016

Sport is now big business and there is much to play for both on and off the field of play. With so much money at stake, it is not surprising that sports disputes of various kinds are on the increase. These include many ‘cyberspace’ disputes as a result of the inexorable rise of the Internet, the widespread use of sports domain names and websites and the resulting widespread phenomenon of ‘cybersquatting’ – the unfair registration and use of domain names. In this article, a recent case of ‘cybersquatting’ involving FIFA and the World Cup and its settlement through the WIPO Arbitration and Mediation Center under the Uniform Dispute Resolution Policy of the Internet Corporation on Assigned Names and Numbers will be examined.
Forbidden Access: Censoring Books and Archives
Authors: McArthur Sinclair Alex
Published: June 2016

Whilst anyone signing up for this conference (organised by the Institute of English Studies, part of the School of Advanced Study at the University of London and the Institute of Advanced Legal Studies) with what might be classed as a prurient interest would have been disappointed, the two day event nevertheless provided much of interest to the scholar concerned with censoring books and archives.
The UEFA Financial Fair Play Rules: a difficult balancing act
Authors: Geey Daniel
Published: June 2016

The aim of this article is to set out the rationale for the new UEFA Financial Fair Play Rules (FFPRs), examine what the provisions state and offer a conclusion about their significance. The article will illustrate that there are a number of criteria and exceptions which clubs can use to their advantage. There will also be an explanation regarding the amortisation of transfer fees and how such accounting practices will affect clubs wishing to break-even in order to qualify for UEFA club competitions.
A commentary on ‘Little Hooliganz: The Inside Story of Glamorous Lads, Football Hooligans and Post-Subculturalism’ by Professor Steve Redhead
Authors: Pearson Dr Geoff
Published: June 2016

Issue 8(2) of this Journal included the article, ‘Little Hooliganz: The Inside Story of Glamorous Lads, Football Hooligans and Post-Subculturalism’ by Prof Steve Redhead. The author is professor of Sport and Media Cultures at the Chelsea School, Brighton University, and has been carrying out research on football fan sub-cultures, including but not limited to the issue of ‘football hooliganism’, for over 20 years. He describes his work on hooliganism as part of the ‘cluster’ of postmodern sub-cultural theory, which has been under-represented since extensive academic study on the issue of football crowd disorder began in the late 1970s. Redhead considers that the phenomenon of contemporary football crowd disorder has been diminishing significantly since the early 1990s (1993: 2) and he shares the views held by academics such as Gary Armstrong and Richard Giulianotti that much of the attention given to the phenomenon, and indeed the actual social construction of it, is the result of a media-fuelled moral panic: ‘[football hooliganism] remains more or less an historical (and hysterical) mass media construction’ (1993: 3).
Law and Morality in Counterstrike
Authors: Carlsson Bo
Published: June 2016

This article uses David Fraser’s work on law and cricket as a departure point. His analysis of the relationship between law, popular culture and everyday life is inspiring and contributes to a socio-legal understanding of law and morality as well as society and its cultural development in general. Cricket, no doubt, is closely connected with the British Empire, with parliamentarianism, modernity, cultural identity, heritage, fair play and the sportsmanship of 19th-century ideals and virtues; but it is also closely associated with rule violations, commercialization and commodification, as is modern sport in general. The focus of this article, which departs from Fraser’s approach, will be on a computer game; that is, a game that, at least hypothetically, is related to globalization, networks, post-modernity, youth, lifestyles and moral pluralism.
Equestrianism Gets its Own Alternative Dispute Resolution Body
Authors: Blackshaw Ian
Published: June 2016

Equestrianism in its various disciplines, which include eventing, show jumping and dressage, is an ancient sport tracing its origins back to the bronze age and has been an Olympic sport since ancient times. It is popular not only with horsemen and women but also with spectators around the world. This is especially so in The Netherlands, where equestrianism is widely practised as a sport at the amateur and elite levels and keenly followed by supporters and spectators alike. But unfortunately, like any other sport upon which much depends, equestrianism is subject to disputes of various kinds, including doping of both horses and riders. Disputes also arise out of the sale and purchase of sport horses, including disputes of a veterinary nature, for example, is the horse that has been sold ‘ fit for purpose’ in a veterinary sense?
Branding women’s football in a field of hegemonic masculinity
Authors: Mårtensson Stefan
Published: June 2016

The aim of this article is to identify discourses and practices which are entrenched in women’s football and define the conditions in which it operates. The empirical material is based on a discourse analysis with examples taken from web pages of clubs and the teams, with other more interactive sites like discussion forums and guest books also being analysed and discussed. The theoretical approach is based partly on discourse theory, but also on two approaches intended to be combined and used continuously in the analysis: brand management and hegemonic masculinity.
The 2009 WADA Code: A More Proportionate Deal for Athletes?
Authors: Trainor Niall
Published: June 2016

This article seeks to assess the leading force in developing anti-doping policy in sport; the World Anti-Doping Agency. This article will analyse the 2009 World Anti Doping Agency Code, which came into force on 1 January 2009. The 2009 Code represents the latest effort to fight doping in sport, and contains a considerable number of new provisions from that which was previously in place. The main question this article poses is whether the changes made in the 2009 Code are justifiable as being proportionate in order to take forward the fight against doping whilst at the same time respecting athletes’ rights. The article goes on to detail the new provisions of the 2009 Code and assesses the proportionality of each in the light of standard principles of justice and specific sporting jurisprudence on the matter, particularly the judgments of the European Court of Justice on this issue. The conclusion reached is that several of the provisions contained in the 2009 Code are in breach of the proportionality principle by violating the personal rights of athletes, particularly those relating to economic livelihood, privacy and procedural fairness. Accordingly, aggrieved athletes will inevitably bring legal disputes.
To Govern or to Dispute? Remarks on the Social Nature of Dispute Resolutions in Czech and Danish Sports Associations
Authors: Persson H. Thomas R.
Published: June 2016

This paper focuses on the dispute resolution mechanisms in sport, with particular attention paid to non-professional sport and its governance. Providing a brief summary of the literature on the topic, we argue that mainly two aspects of dispute resolution mechanisms have been highlighted in academic discussion: their ethical and moral character and their legal nature. Yet, except for these two relevant approaches, a more sociological approach of understanding the nature of these processes in the context of informal networks, unwritten rules and struggles over power islargely missing. To grasp this missing piece, we identify the mechanisms used by sport associations and their members to anticipate the disputes and we distinguish between three different types of dispute resolution mechanisms: proto-disputes, formal disputes, and meta-disputes. The paper draws on rich empirical evidence gathered during a multi-sited ethnographic study focused on both sport practice and governance, carried out in the Czech Republic and Denmark.
Protecting Major Sporting Events with Particular Reference to the 2012 London Olympic Games
Authors: Blackshaw Ian
Published: June 2016

Sport is big business and mega bucks are spent on organising and commercialising major sporting events, such as the FIFA World Cup and the Summer and Winter Olympics. In this article, we will consider in what ways the law is able to protect the substantial investments made in these sporting events by organisers and sports sponsors and merchandisers alike, particularly in relation to the 2012 London Olympic Games and the rise of the phenomenon of so-called ‘Ambush Marketing’. Finally, some general conclusions will be drawn.
Third Party Player Ownership: the Regulations for Premier League and Football League Clubs for the 2009/10 Season
Authors: Geey Daniel
Published: June 2016

This article aims to explain what third party ownership in football is and the regulatory rules that are relevant to any Premier League (PL) and Football League (FL) club. FIFA, the PL and the Football Association (FA) have all recently amended their rules and regulations governing this contentious and topical issue.The PL and FA rules on TPPO were amended in time for the 2008/09 and 2009/10 season respectively. Before 2008 in the PL and 2009 in the FL, third party player ownership (TPPO) was regulated through a generic material influence clause. This forbid any entity having the ability to affect the behaviour of a PL or FA-affiliated club. The new rules from the 2008/9 and 2009/10 seasons now appear to prohibit a third party owner, without the consent of the FA, having any economic rights in a player registered to a PL or FA-affiliated club. See section E for the debate about whether the FA rules apply especially to FL clubs.The FL rules make no express reference to TPPO. Only the provisions relating to dual interests may be seen as regulating a third party owners’ ability to own the economic rights of more than one FL player. However, in contrast to the FA and PL rules the current guidance from the FL suggests that in certain instances TPPO is permitted.
‘Reality Television’ and Content Regulation – Perspectives and Challenges
Authors: Varney Eliza
Published: June 2016

The introduction and popularity of new genres of ‘reality television’ have created significant challenges for regulation of broadcast content. The availability of a larger number of television channels, where particular reality television shows might be broadcast live for many hours in the day, combined with the unpredictable activities of ‘reality television’ participants raises significant difficulties both for broadcasters and regulators. There is a significant need to consider the rationale for content regulation in this context, and the appropriate regulatory response where infringements take place, in both their theoretical and practical contexts.This article examines the regulatory approach for offensive content in the United Kingdom and the United States of America. The study has adopted a comparative approach in order to determine whether regulators across the Atlantic are confronted with similar challenges and whether similar solutions are adopted in order to address these challenges. The examination of the regime in the United Kingdom assesses the effectiveness of the Broadcasting Code  (the Code) adopted by the British communications regulator Ofcom on setting standards for broadcasting content. The discussion focuses on the application of the Code in practice, by analysing the official inquiry and ruling by Ofcom on Channel Four’s response to the 2007 Celebrity Big Brother (CBB) incident. The analysis of the system in the United States of America examines the approach adopted by the American communications regulator, the Federal Communications Commission (FCC) in dealing with offensive content, focusing on the free speech provisions under the First Amendment of the American Constitution and on FCC’s mandate to act in the pursuit of the public interest. The discussion will examine, inter alia, FCC’s response to complaints regarding the broadcast of indecent material in the ‘reality television’ programme Married by America. A particular feature in both jurisdictions is the tension between regulatory intervention in broadcasting content and considerations for freedom of expression. Both systems are affected by the lack of adequate definitions of the limitations to freedom of expression. This study aims to determine what the current approach is in these jurisdictions for addressing this tension and what lessons might be learned for the future.
The Maurice Odumbe Investigation and Judicial Review of the Power of International Sports Organizations
Authors: Akech Migai
Published: June 2016

This article examines whether, and the circumstances in which, national courts should review the power of International Sports Organizations (ISOs). It uses the case of Maurice Odumbe as an illustration, and argues that national courts should regulate the power of bodies such as the International Cricket Council (ICC) where such power has been exercised unreasonably, where the rules and regulations of ISOs are themselves unreasonable, and also where ISOs interpret their rules and regulations unreasonably or wrongly.
Safety and Liability in the practice of Skiing: How Law and Cognitive Sciences shape the driving factor of Winter Tourism
Authors: Izzo Umberto
Published: June 2016

Witnessing an injured skier being airlifted by helicopter from a winter ski resort is an unforgettable event, reminding us of the risks of snow-based winter sports, particularly alpine skiing. The world’s media attention for the ski accident suffered by Michael Schumacher for example, illustrated a collective concern for the safety of ski areas (Allen, 2014), showing how even the slightest inattention on the part of the skier, combined with the lack of optimal precautions of the ski area, may cause serious, and potentially fatal, injuries.
Sport: Law And Practice By Adam Lewis & Jonathan Taylor (Editors) Second Edition 2008
Authors: Blackshaw Ian
Published: June 2016

As the editors point out, since the first edition of this Book was published five years ago, the law of sport has continued to develop “significantly”. They further comment as follows: “While sport may still not be more important than religion, for many it occupies more of their time and interest. As a result, sport continues to develop into an extremely valuable commercial sector.” In fact, sport accounts for more than 3% of world trade and more than 2% of the combined GNP of the twenty-seven Member States of the European Union (EU). Thus, there is so much to play for both on and off the field of play. And this gives rise, therefore, to an ever increasing range of legal issues.
New Rules for a New Ballgame: Legislative and Judicial Rationales for Revamping the NCAA’s Enforcement Process
Authors: Southall Richard
Published: June 2016

The NCAA is the largest and most well-known of four independent organizations that regulate intercollegiate athletics and part of its self governance structure is its membership-approved enforcement and infractions process used for assessing penalties for violation of the association’s bylaws. This process has often been criticized in the media, by the NCAA members themselves, and in the federal and state court system. One of the primary criticisms of the NCAA and its administrative law process has been that it does not provide any due process and procedural protection for those accused of NCAA rules violations. This article explores the history of the NCAA and the enforcement and infractions process, the many legal and legislative challenges to the process, and a template for reform to make the system impartial for all stakeholders involved.
Religious Discrimination and Hatred Law by Neil Addison
Authors: McNamara Lawrence
Published: June 2016

The place of religion in society and modernity is among the most contentious political issues in the first decade of the 21st century. Faith has been remarkably resilient and resurgent in the face of the secularisation that has characterised Western liberal democracies since the Enlightenment. The mobilisation of Christianity, in particular, has been central to political contests in the United States in recent years. The rise of evangelicalism has been observed in Australia as an emerging political consideration. In the United Kingdom the resurgence of Christianity has been less marked – former Prime Minister Tony Blair waited until his departure from office to convert to Catholicism – but religion in Britain receives constant and often critical attention. This is, arguably, most apparent in discussions of the ways that Islam takes its place in a multi-faith body politic and human rights laws offer protection for both freedom of religion and protection against discrimination that may be a part of religious practice.1This heightened sensitivity to and significance of the relationships between religion and politics make Neil Addison’s attention to the way that law regulates religious discrimination and hatred a timely contribution.
Who Owns Celebrity? – Law and the formation of Fame
Authors: Rupp LL.M. Hajo
Published: June 2016

Such a statement is resonant of a severe crime, but what sounds like a terrible and degrading misdeed turns out to concern the sale of pictures, taken at a celebrity wedding reception. The movie stars Catherine Zeta-Jones and Michael Douglas hosted their wedding at the Plaza Hotel, New York in 2000 (see ). They granted the British magazine OK! exclusive rights to publish pictures of their marriage. However a third-party photographer managed to gain access to the premises, took pictures and sold them to the competitor magazine Hello!. After Hello! had published the pictures, Zeta-Jones and Douglas sued the magazine in order to receive compensation for their contractual partner OK!. They won the case eventually, being granted damages for breach of confidence (Douglas v Hello! Ltd. [2003] EWHC 786 at H37). Despite Michael Douglas stressing his irritation about the unlawful intrusion into the pair's privacy, the true reason for the law suit appears to be commercial. The pair had received £1,000,000 from OK! Magazine, but OK! could not make use of the monopoly to publish the couple's pictures (Douglas v Hello! Ltd. [2003] EWHC 786 at para 1). In this context Douglas's statement is an expression of the engrained perception that a celebrity has accomplished great achievements and is therefore entitled to harvest all fruits of celebrity. In times of marketing companies designing publicity strategies, the media featuring individuals in TV or press and individuals creating fan fiction as well as other user-generated content about their “stars”, this assumption seems to show only one of the manifold causes for celebrity.
Emotional Hooligan: Post-Subcultural Research and the Histories of Britain’s Football Gangs
Authors: Redhead Steve
Published: June 2016

This review essay looks anew at the connection between ‘deviant’ football hooligan literature and contemporary football hooligan subcultures. It considers some implications for the study of male dominated hooligan subcultures and the methodologies to be employed. The essay draws on new research work into the ‘low’ sport journalism genre of British football hooliganism literature, involving a comprehensive collection and reading of myriad football hooligan fan memoirs as well as interviews with participants. It shows that although hooligan subcultures disappeared from the mainstream media gaze for a time during the 1990s, partly as a result of legislation introduced to curb football gang violence, militaristic police operations and draconian prison sentences in the courts but also partly because of cultural change, there remain traces of these subcultures today. The argument also incorporates the notion that the methodological work which should be undertaken is a study of the simulacrum of hooliganism, the expanding body of football hooligan literature in all of its forms manifesting itself in literary novels and the explosion of ‘gangster’ memoirs of older football hooligans, which might eventually lead us to better, more informed ethnographies of football hooligan subcultures. The essay further engages with debates in socio-legal studies, sociology, cultural studies and criminology on football hooliganism and modernity and provides a unique bibliography of the field.
From Sands to Sanchez: The Making of a National Sports Stadium for Northern Ireland
Authors: Bairner Alan
Published: June 2016

This article examines debates concerning the proposed construction of a ‘national’ stadium for Northern Ireland. In so doing, it considers both the philosophical issues that are central to these debates, not least in relation to Northern Ireland’s contested claim to nationhood, and also some of the technical and legal concerns raised by the project, specifically in terms of questions of ownership and use. In passing, the article also comments of the question of nationality and eligibility within the context of Northern Irish football. It is agued that whilst debates about the need for a new stadium have tended to focus to date on political and conceptual matters, it is likely that, in the foreseeable future, legal, financial and technical difficulties will predominate.
Security Officers and Policing – Powers, Culture and Control in the Governance of Private Space by Mark Button
Authors: Barron Alan
Published: June 2016

The past thirty years or so have seen a dramatic shift in the culture of policing. From a once exclusively publicly funded operation we now see a range of private actors performing policing functions. This gone hand-in-hand with the economic development of private and quasi-public space with the result that private ‘policing’ is now greater in strength than traditional state sponsored policing.
Rushing to Judgment: The Evolution of Sports Disciplinary and Arbitral Bodies in Ireland
Authors: Anderson Jack
Published: June 2016

This article provides a review of judicial scrutiny of decisions of the leading sports authorities in Ireland. It focuses primarily on the Gaelic Athletic Association (‘GAA’), Ireland’s leading sports organisation, and the manner in which it has dealt with the increasing incidents of so-called ‘ambush injunctions’, whereby individual participants seek, primarily through the use of interlocutory orders, to circumvent playing suspensions. The GAA’s experience, which is all the more remarkable given that it administers fundamentally amateur games, has been reflected across the Irish sporting spectrum with the Irish horse-racing authorities (the ‘Turf Club’), the Football Association of Ireland (‘FAI’) and the Irish Rugby Football Union (‘IRFU’) facing similar ‘rushes to judgment’.An interim assessment of the GAA’s recently enhanced disciplinary mechanism – the Disputes Resolution Authority – follows this introductory context. The DRA, of which the author is a panel member, is an arbitral-based disciplinary tribunal, independent of the GAA’s central authorities, and hears disputes referred to it on an appellate basis only. The establishment of the DRA is of interest for Irish sports administration as a whole. It is suggested that a body of similar operational remit might be used as the basis of a national sports disputes tribunal for Ireland. This analysis of the DRA and the concomitant promotion of a soi-disant Irish Court of Arbitration for Sport, forms the central part of this brief review, throughout which frequent use is made of the persuasive authority of English law.
Major League Baseball Anti-Trust Immunity: Examining the Legal and Financial Implications of Relocation Rules
Authors: McEvoy Chad D.
Published: June 2016

Major League Baseball (MLB) rules restrict the movement of any franchise into another’s territory. These territorial rules are designed to protect each team’s potential local revenue sources as well as to provide stability throughout the league. Recently, Major League Baseball approved financial compensation for the Washington Nationals’ move into the Baltimore Orioles’ territory – primarily because it was in the best interest of MLB even though it hurt the Orioles. However, the Oakland Athletics were unable to even negotiate a potential compensation plan for a move into the San Francisco Giants’ territory, despite the apparent financial benefit the move could have provided for every other league franchise. The Athletics are already located within 15 miles of the Giants, and their potential 40 mile move to San Jose, California would not add a new team to the San Francisco Bay Area; rather, it would simply be a move of a current team to a different location within the metropolitan area. The refusal of the Giants or MLB to negotiate a potential compromise has kept the Oakland Athletics in a substandard facility and has led to their potential move to Fremont, CA – a less desirable location than San Jose.This paper investigates the legal, policy, and financial considerations concerning Major League Baseball’s territorial rules. Specifically, it addresses antitrust law as it pertains to American professional sport; relevant sport franchise relocation cases; financial arguments why leagues desire to control relocation; financial components of MLB’s current Collective Bargaining Agreement; and the potential legal and financial impact of a challenge to MLB’s territorial rules – an option the Oakland Athletic initially investigated prior to their decision to pursue a potential move to Fremont.
Readings in Law and Popular Culture edited by Steve Greenfield and Guy Osborn
Authors: Sharp Professor Linda
Published: June 2016

The editors of this volume acknowledge the traditional hesitancy of law schools to incorporate subjects in the curriculum that do not serve the interests of 'black-letter hegemony' (p 1), leading to a conservative notion of what is acceptable in terms of subject matter and a difference in how subjects are treated.
Remember Me? The Right to be Forgotten The Law Society Public Debate 15th October 2014
Authors: Collins Susan
Published: June 2016

‘The Right to be Forgotten’ is a topical and contentious issue, with various consultations and debates, such as those noted in The Guardian examining the issue. The Law Society has added its muscle to the debate, hosting a public debate on 15 October 2014 on the subject. The debate was chaired by Peter Wright, managing director of specialist media firm Digital Law UK. On the panel were Jodie Ginsberg, CEO of freedom of expression organization Index on Censorship, Mark Stephens CBE, partner at Howard Kennedy FSI LLP, Jonathan Bamford, head of strategic liaison at the Information Commissioner’s Office and Stewart Room, Partner at Price Waterhouse Coopers Legal LLP.
Sport and the European Union: 10 Years after Bosman
Authors: Grant Professor Wyn
Published: June 2016

The seminar was sponsored by the Department of Politics, International Relations and European Studies at Loughborough University, the East Midlands Eurocentre (a Jean Monnet Centre of Excellence) and the School of Sport and Exercise Sciences also at Loughborough University.
Labor Force Transitions at Older Ages: Burnout, Recovery, and Reverse Retirement
Authors: Jacobs Lindsay , Piyapromdee Suphanit
Published: June 2016

Partial and reverse retirement are two key behaviors characterizing labor force dynamics for individuals at older ages, with half working part-time and over a third leaving and later re-entering the labor force. The high rate of exit and re-entry is especially surprising given the declining wage profile at older ages and opportunities for re-entry in the future being uncertain. In this paper we study the effects of wage and health transition processes as well as the role of accrues work-related strain on the labor force participation on older males. We find that a model incorporating a work burnout-recovery process can account for such reverse retirement behavior that cannot be generated by health and wealth shocks alone, suggesting re-entry patterns result in large part from planned behavior. We first present descriptive statistics of the frequency and timing of re-entry and characteristics of those who re-enter using Health and Retirement Study (HRS) panel data. We then develop and estimate a dynamic model of retirement that captures the occurrence and timing of re-entry decisions observed in the data-as well as the transition to part-time work-while incorporating uncertainty in earnings, health, and stress accumulation. The burnout-recovery process allows us to account for about 40 percent of re-entry, and one-quarter of the shifts to part-time work with age. We also consider the lower exit and re-entry rates after 2008, and attribute this to high option values of work in an environment where future re-entry is less certain. Consistent with our burnout-recovery model, we see that respondents are more likely to report high levels of job stress as they continue to work when they would have otherwise stopped working, recovered, and re-entered. This offers us some information about the relative option value of work versus the burnout-recovery process.
Desenvolvimento de uma ferramenta para avaliação da maturidade para a sustentabilidade organizacional: uma proposição teórico-metodológica
Authors: Paz Fábio Josende , Kipper Liane Mahlmann , Frozza Rejane
Published: June 2016

Atualmente, as organizações necessitam adotar políticas e práticas sustentáveis, o que vem ocasionando uma maior busca e utilização de modelos sustentáveis. Contudo, as organizações não sabem se estão aptas a utilizar esta metodologia sustentável. Este artigo tem como objetivo apresentar uma proposta de metodologia para avaliar a maturidade e a educação para a sustentabilidade organizacional. Como fontes de informação utiliza-se a bibliografia para entender o “estado do conhecimento” em relação à sustentabilidade e explicativa quando ao modelo, que possibilitou o desenvolvimento de uma ferramenta de análise da maturidade, com foco na sustentabilidade, tendo como base conceitos do Triple Botton Line e o ciclo de aprendizagem vivencial. Como resultado, gerou-se um método que permite o diagnóstico das organizações e o respectivo posicionamento quanto ao grau de maturidade para a sustentabilidade, além de promover a educação e ser um indutor de mudanças e como complemento será desenvolvido um sistema computacional utilizando técnicas de usabilidade.
Characteristics of an Rural Tourism Community Operators’ Managerial Capacity as a Community Business
Authors:   The Tourism Sciences Society Of Korea, Park Duk Byeong , Kim So-Yun
Published: June 2016

Managerial capacity of operators in rural tourism as a community business is important to successful tourism development in Korea. The study examined the typology of managerial capacity among rural tourism operators as a community business and identified the characteristics of operators according to those typologies. A self-administered survey was obtained from 132 operators in one village. As for the managerial capacities of tourism operators, four factors (human resource management, marketing/financial management, product development, leadership) were extracted. Two distinct segments were identified based on managerial capacities: A high level of managerial capacities(33.3%), and a low level of managerial capacities(66.7%). Results showed that high income male operators were more likely to have a high level of managerial capacity throughout the group. Those individuals were more likely to be heads of the organization and operators of agricultural processing businesses. The findings should be of interest to rural tourism and community business practitioners.
A Qualitative Study on the Relationships among Leisure, Stress, Coping Strategies and Adjustment: Focused on Running Experiences of Visually Impaired People
Authors:   The Tourism Sciences Society Of Korea, Lee Bo-Mi
Published: June 2016

This study explored the relationships among visually impaired related stressors, coping strategies and adjustment, as well as leisure using case studies of visually impaired people who are running as a coping resource strategy. Given the exploratory nature of this study, qualitative analysis was employed as a guiding methodology. Eight semi-structured interviews were conducted. The analysis of the interviews identified two themes: visually impaired related stressors and coping/adjustment strategies for eight people who are visually impaired. Running played a distinct role in their stress coping strategy and the adjustment process, providing (i) a positive distraction, (ii) an opportunity to stay optimistic, (iii) a source of return to normalcy, and (iv) a context for positive inner growth. Overall, this study provided evidence for the role of leisure as a key function of stress coping and adjustment to negative life events. These findings along with implications for practitioners and future research are provided.
The Psychological Benefits of Leisure Activities Resulting from Digital Devices
Authors:   The Tourism Sciences Society Of Korea, Lee Sang-Kyung , Nam Yun-Hee , Ko Dong Woo
Published: June 2016

This study was designed to classify the types of digital leisure activity and to investigate the positive benefits of digital leisure. The data were collected from a sample of 322 individuals who use digital media for leisure. The types of digital leisure activity were categorized according to six factors, based upon their own psychological experience. The psychological benefits of digital leisure were measured using a modified PAL(Paragraphs About Leisure-Form) scale and were classified into eight factors(efficacy, curiosity, expression, sense of being overcome, consideration, cooperation, pleasure, and moderation). The general analyses were as follows: First, ‘social interaction’ and ‘entertainment’ were identified as the factors positively influencing most psychological benefits, among the digital leisure activities. Second, comparing psychological benefits among segmented groups rooted by types of leisure activities, the ‘Game & Social relation group’ perceived stronger psychological benefits than other groups. The results imply that the mechanism of digital leisure experience is subtle, and a part of the collective culture of Korea. In conclusion, study limitations such as the sampling method and future studies were discussed.
Leisure Activities and Volunteering among the Baby-boom Generation as it Influences Social Integration
Authors:   The Tourism Sciences Society Of Korea, Kim Eun-Jung
Published: June 2016

The purpose of this study is to examine the impact of leisure activity and volunteering on social integration among people from the baby-boom generation(born in 1963~1995). A survey for this research was conducted using a sample of 406 baby-boomers from Seoul and the capital region. The empirical analysis result of this research is: First, the classification of ‘Social Activities’ and ‘Cultural Activities’ have a significant positive(+) social integration influence, and ‘Home-based Activities’ have a significant negative(-) social integration influence. Second, there are statistically significant differences between the participant’s group and non-participant’s group of those volunteering on the impact of leisure activity on social integration: For the participants group of volunteers, ‘Social Activities’, ‘Cultural Activities’ and ‘higher education’ have a significant positive(+) influence, while ‘Home-based Activities’ have a significant negative(-) influence on social integration. For the non-participants group of volunteers, ‘Cultural Activities’, ‘Social Activities’, ‘higher salaries’ and ‘sexual activity’ have a significant positive(+) influence, while ‘being a housewife’ has a significantly negative(-) influence on social integration.
The Influence of Visitors’ Emotional Response Resulting from Crowding at the World Ginseng Expo on Adjusting Behavior: With a Particular Focus on Multi - Group Invariance Analysis
Authors:   The Tourism Sciences Society Of Korea, Cho Taeyoung , An Tae Gi
Published: June 2016

The aim of this study was to report on structural relationships and to examine the structural relationships between crowding at the World Ginseng Expo and the resultant emotional responses. Furthermore, the study identified methods to adjust the relationship between group difference and impact. To this end, we conducted a survey of local Ginseng Expo visitors. The survey was done using a judgement sampling taken over six days from Friday, September 3rd to September 9th, 2011. After distributing a total of 350 surveys, 340 were recovered. These were analyzed using an empirical analysis excluding the 306 additional questionnaires deemed insincere. Human congestion was found to contribute to lower negative emotional response and increased the positive emotional response. Also, crowded spaces were trying to adjust to the fact that any action for the first visit generated negative or positive feelings. These results were analyzed according to structural effects related to differences in congestion and to Expo visitors perception. It categorized the visitors to the World Ginseng Expo into two groups according to emotional response, and Expo coordination actions. This was done so that there can be a successful event for the future host Expo organizer and was carried out to provide implications for stakeholders.
A Study on the Role of Social Enterprise and the Socio - Cultural Effect of Sustainable Tourism Development: Focusing on the Case of Jeollabuk - do Tourism Social Enterprise, ‘Ieum’
Authors:   The Tourism Sciences Society Of Korea, Heo Moon-Kyung
Published: June 2016

This study examines social enterprises which have gained attention in Korea, despite the lack of research by the tourism sector. Social enterprises are raising public awareness, along with a quantitative growth driven by government support and social demand for sustainable development. This study analyzes the effect of social enterprises on local communities, focusing on the case of Jeollabuk-do. Several rounds of field surveys were conducted in tourism social enterprises throughout the province as well as doing in-depth interviews with nine relevant people from July 2011 through June 2014. The collected data were analyzed using Grounded Theory, a social science methodology involving theory construction as a baseline for future research. The research showed that tourism social enterprises played an important role in developing local tourism while recognized as a social innovation model. However, they struggled with a weak economic base, which influenced the research on their socio-cultural effect. The findings and implications are expected to help set goals for tourism social enterprises and their research scope in the future.