bluuebunny/crossref_metadata_2025 huggingface dataset:
Características do raciocínio do aluno deficiente intelectual à luz da Epistemologia Genética
Authors: Schipper Carla Maria de , Vestena Carla Luciane Blum
Published: June 2016

Resumo Esta pesquisa teve por objetivo compreender as singularidades do raciocínio de 28 alunos com deficiência intelectual por meio das contribuições da Epistemologia Genética e de uma pesquisa empírica. A base teórica fundamenta-se em pesquisas acerca da construção da aprendizagem humana aplicadas ao desenvolvimento atípico realizadas por Inhelder, Ramozzi-Chiarottino, Dolle e Bellano e Piaget. A pesquisa empírica, de ordem qualitativa, utilizando o método clínico piagetiano, avaliou, por meio de 11 provas operatórias, o desenvolvimento cognitivo de alunos com idades de 10 a 14 anos com deficiência intelectual moderada. Neste grupo, 15 encontram-se em um período pré-operatório inicial, 12 no período pré-operatório e um no período operatório concreto. Esses resultados permitem localizar a maioria dos alunos em uma etapa pré-lógica por ausência de estrutura mental operatória. Conclui-se que há necessidade de promoção de metodologias desafiadoras para modificar esquemas ora intuitivos em esquemas operatórios, a descentração intelectual e intraindividual e a abstração reflexionante.
A Interface entre Saúde e Educação: percepções de educadores sobre educação inclusiva
Authors: Silva Carla Cilene Baptista da , Molero Elaine Soares da Silva , Roman Marcelo Domingues
Published: June 2016

Resumo A Política Nacional de Educação Especial na Perspectiva da Educação Inclusiva preconiza a articulação entre serviços de saúde e educação para atendimento a necessidades educacionais especiais. A partir dessa perspectiva, o objetivo deste artigo é refletir sobre problemas relatados por educadores que concretizam esta política, sobretudo no que concerne às inter-relações entre saúde e educação. Para isso, são apresentados resultados de uma pesquisa em que foram entrevistadas oito professoras da rede pública municipal de Santos (SP) que ensinavam alunos com deficiência e/ou transtorno global do desenvolvimento. As entrevistas abordam uma insuficiência de articulação entre as duas áreas, permanecendo a saúde na posição de saber especializado supostamente capaz de sanar as mazelas da educação, o que fortalece processos de patologização e soluções medicalizantes, evitando, assim, o questionamento e rearranjo de práticas educacionais. O artigo aponta para a necessidade de uma efetiva colaboração entre saúde e educação, em que ambas conservem suas especificidades e se enriqueçam reciprocamente.
Medida de estilos de aprendizagem para o ensino fundamental
Authors: Oliveira Katya Luciane de , Santos Acácia Aparecida Angeli dos , Scacchetti Fabio Alexandre Pereira
Published: June 2016

Resumo A presente pesquisa visou levantar evidências de validade relativa à análise da estrutura interna dos itens de uma escala de estilos de aprendizagem, bem como identificar os estilos de aprendizagem desses alunos. Participaram 565 alunos dos 3° ao 9° anos do ensino fundamental público do estado do Paraná. Utilizou-se uma Escala de Avaliação de Estilos de Aprendizagem, com 80 itens, aplicada coletivamente. A análise fatorial, por componentes principais e com rotação varimax, indicou estrutura de quatro Dimensões para a escala. As Dimensões se agruparam da seguinte forma: Dimensão 1 - Condições ambientais e condições pessoais, com 22 itens; Dimensão 2 - Condições sociais, com 11 itens; Dimensão 3 - Condições instrumentais, com 11 itens e Dimensão 4 - Condições de atividade; os itens desta dimensão não se agruparam do modo esperado, por isso novos estudos deverão ser realizados, visando o refinamento do instrumento. As condições ambientais e pessoais foram os estilos predominantes nesta amostra.
A construção da Identidade, Auto-conceito e Autonomia em Adultos Emergentes
Authors: Andrade Cláudia
Published: June 2016

Resumo A adultez emergente implica a resolução de algumas tarefas desenvolvimentais clássicas para se poder construir, progressivamente, um projeto pessoal, num quadro de autonomia psicológica e social. A construção da identidade e o desenvolvimento do auto-conceito vão integrar vivências pessoais e prolongam-se além desta fase desenvolvimental, dando sentido ao percurso de vida do indivíduo. No presente estudo procuramos explorar o modo como o exercício de uma atividade profissional pode influenciar a construção da identidade, o auto-conceito e a separação psicológica das figuras parentais em adultos emergentes que estudam no ensino superior e adultos emergentes que já exercem uma atividade profissional. O estudo comparou 361 adultos emergentes universitários e 348 adultos emergentes profissionais. Os resultados encontrados suportam a presença de diferenças entre grupos nas três dimensões desenvolvimentais escolhidas para o estudo.
REDAÇÕES, CARTAS E COMPOSIÇÕES LIVRES: O CADERNO ESCOLAR COMO OBJETO DA CULTURA MATERIAL DA ESCOLA (LAGES/SC - 1935)
Authors: Cordova Tania
Published: June 2016

Resumo O caderno escolar é um objeto da cultura material que possibilita à História da Educação compreender o cotidiano da escola. Esse trabalho investigou as práticas de escrita em um caderno de produção de textos pertencente a uma ex-aluna da Escola Normal de Lages, interior do Estado de Santa Catarina, no ano de 1935. Nessa investigação o caderno representou um documento que permitiu entrever parte do processo de negociação entre o prescrito pelo currículo, o trabalho pedagógico e os tipos de escritas desenvolvidas pela normalista. Foram analisadas escritas presentes em redações, cartas e composições livres. O uso do caderno como documento possibilitou compreender as apropriações e os usos deste objeto como portador de sentidos ligados ao sistema de valores e representações sociais que ultrapassam a função de objeto destinado, somente, ao registro do processo de aprendizagem.
Nietzsche e a sociofisiologia do eu
Authors: Siemens Herman
Published: June 2016

Resumo Este artigo examina as considerações de Nietzsche acerca das fontes sociais e históricas do eu como um contra-argumento à concepção liberal de indivíduo. Defendo que Nietzsche oferece não apenas uma crítica contundente à concepção associal e previamente individuada de pessoa, à qual se conecta a noção liberal de liberdade (compreendida como o direito individual de escolha de sua própria concepção de bem), como ainda um contra-conceito alternativo de pessoa e de soberania. Seus argumentos visam mostrar, em sua dimensão crítica, que o indivíduo ou pessoa é inseparável de seus objetivos ou valores, que são socialmente constituídos, e que nossa capacidade como indivíduos, especialmente para a agência soberana, é o produto de uma longa história e pré-história social. Em sua dimensão construtiva, encontramos em Nietzsche a contra alegação de que a manutenção e o cultivo de nossas capacidades (para reflexão e agência soberanas) são dependentes de relações de um antagonismo ponderado entre nós mesmos enquanto indivíduos, ou antes: como dividua. Esses argumentos serão desenvolvidos no que se segue em consonância com quatro principais linhas de pensamento: sobre as origens sociais e o caráter da (auto) consciência (§I); sobre a (pré) história e a constituição social de nossa capacidade como indivíduos soberanos [sovereign] (§II); sobre as origens sociais do fenômeno moral (como internalização de normas comuns) (§III); e sobre a destruição fisiológica do sujeito moral substancial, seguida da reconstrução fisiológica (§IV).
Morphological aspects of fruits, seeds, and seedlings, and anatomy of seedlings of apuleia molaris spruce ex benth
Authors: Reis Alisson Rodrigo Souza , Freitas Alessandra Doce Dias de , Leão Noemi Vianna Martins , Filho Benedito Gomes dos Santos
Published: June 2016

Abstract: Apuleia molaris spruce ex benth, commonly known in Brazil as "amarelão," is a fast-growing forest plant with a potential for use in reforestation; however, there is little information about the physiology and morphology of its fruits, seeds, and seedlings. Thus, the objective of this work was to describe the morphology of the fruits, seeds, and seedlings, in addition to the anatomic patterns of seedlings, as a contribution to the technical-scientific knowledge and production of amazonian species for reforestation in the state of Pará. For this purpose, the morphological descriptions followed the parameters from specialized literature and the common techniques used in plant anatomy. The species presents leguminous fruit; seeds with pleurogram, average dimensions of 51.21, 21.33, and 2.09 mm length, width, and thickness, respectively; and seedlings with eophyll and pinnate metaphylls, cordiform, phanerocotylar germination, epigaeous, and foliaceous. Eophylls and metaphylls present uniseriate epidermis, collateral and dorsiventral vascular bundle. The morphological characteristics may help in field identification and in the identification of young plants, aiding the production of seedlings of this species. Furthermore, anatomically, the hypocotyl has no striking differences from the root.
The impact of migration on women’s mental health in the postpartum period
Authors: Almeida Lígia Moreira , Costa-Santos Cristina , Caldas José Peixoto , Dias Sónia , Ayres-de-Campos Diogo
Published: June 2016

ABSTRACT OBJECTIVE To assess the influence of I mmigration on the psychological health of women after childbirth. METHODS In this cross-sectional study, immigrant and Portuguese-native women delivering in the four public hospitals of the metropolitan area of Porto, Portugal, were contacted by telephone between February and December 2012 during the first postpartum month to schedule a home visit and fill in a questionnaire. Most immigrant (76.1%) and Portuguese mothers (80.0%) agreed to participate and with the visits, thus a total of 89 immigrants and 188 Portuguese women were included in the study. The questionnaire included the application of four validated scales: Mental Health Inventory-5, Edinburgh Postpartum Depression Scale, Perceived Stress Scale, and Scale of Satisfaction with Social Support. Statistical analysis included t-test and Chi-square or Fisher’s test, and logistic regression models. RESULTS Immigrants had an increased risk of postpartum depression (OR = 6.444, 95%CI 1.858–22.344), and of low satisfaction with social support (OR = 6.118, 95%CI 1.991–18.798). We did not perceive any associations between migrant state, perceived stress, and impoverished mental health. CONCLUSIONS Immigrant mothers have increased vulnerabilities in the postpartum period, resulting in an increased risk of postpartum depression and lesser satisfaction with the received social support.
Socioeconomic and regional differences in active transportation in Brazil
Authors: Sá Thiago Hérick de , Pereira Rafael Henrique Moraes , Duran Ana Clara , Monteiro Carlos Augusto
Published: June 2016

ABSTRACT OBJECTIVE To present national estimates regarding walking or cycling for commuting in Brazil and in 10 metropolitan regions. METHODS By using data from the Health section of 2008’s Pesquisa Nacional por Amostra de Domicílio (Brazil’s National Household Sample Survey), we estimated how often employed people walk or cycle to work, disaggregating our results by sex, age range, education level, household monthly income per capita, urban or rural address, metropolitan regions, and macro-regions in Brazil. Furthermore, we estimated the distribution of this same frequency according to quintiles of household monthly income per capita in each metropolitan region of the country. RESULTS A third of the employed men and women walk or cycle from home to work in Brazil. For both sexes, this share decreases as income and education levels rise, and it is higher among younger individuals, especially among those living in rural areas and in the Northeast region of the country. Depending on the metropolitan region, the practice of active transportation is two to five times more frequent among low-income individuals than among high-income individuals. CONCLUSIONS Walking or cycling to work in Brazil is most frequent among low-income individuals and the ones living in less economically developed areas. Active transportation evaluation in Brazil provides important information for public health and urban mobility policy-making
Metamemory and aging: Psychometric properties of the Brazilian version of the Multifactorial Memory Questionnaire for elderly
Authors: Simon Sharon Sanz , Ávila Renata Thomas , Vieira Gilson , Bottino Cássio Machado de Campos
Published: June 2016

ABSTRACT Metamemory measures provide subjective memory information and are relevant to investigate memory ability in aging. However, there is a lack of metamemory instruments available in Brazil. Objective: The aim of this study was to examine the psychometric properties of the Brazilian version of the Multifactorial Memory Questionnaire (MMQ), which evaluates different dimensions of subjective memory functioning, such as Feelings, Abilities and Strategies used in everyday life. Methods: The MMQ was translated into Portuguese and administered to 30 Brazilian elderly subjects. The participants underwent cognitive tests, mood scales and metamemory instruments. Results: Analyses revealed good internal consistency (Cronbach's a coefficient ranged from 0.75 to 0.89) and test-retest validity for each MMQ dimensions (positive correlations between two applications ranged from 0.75 to 0.8). Convergent validity evidence for the MMQ was confirmed by significant positive correlations (0.47 to 0.68) with dimensions of the Metamemory in Adulthood scale (MIA) (i.e., the Ability, Control, Self-efficacy and Strategy dimensions). Discriminant validity revealed no associations between the MMQ and cognitive performance, suggesting a weak metamemory-objective memory correspondence. Moreover, there was a negative correlation between MMQ-Ability subscale scores and mood symptoms (-0.63 for anxious symptoms, and -0.54 for depressive symptoms); and the Brazilian MMQ was comparable with MMQ translations to other languages. Conclusion: The Brazilian MMQ exhibits good psychometric properties and appears promising for clinical and research purposes. Additional studies are needed to further examine the psychometric properties of the Brazilian MMQ in a larger sample.
Labour Law, the Provision of Services, Transfer Rights and Social Dialogue in Professional Football In Europe
Authors: Siekmann Dr Robert
Published: June 2016

In many new or candidate Member States contracts for the performance of certain services are used between professional football clubs and their players in addition to, or even instead of, regular employment contracts. Under the rules and regulations of the national football associations, professional football players should be given employee status and players’ unions should be based upon the membership of professional football players as employees.
The Premier League-European Commission Broadcasting Negotiations
Authors: James Mark
Published: June 2016

This intervention analyses the new arrangements for the sale of live television rights to FA Premier League (FAPL) games. The new procedures have been produced as a result of ongoing discussions between the FAPL and the European Commission. To ensure compliance with European Union competition legislation, the Premier League has accepted the Commission’s calls for an end to its exclusive distribution of live broadcast rights, bringing to an end BSkyB’s 15-year monopoly of its main subscription driver (Buck and Terazono, 2005). Here, we examine the aims of the European Commission in pursuing the FAPL’s exclusive deal with BSkyB (Sky) and consider whether the deal that has been brokered provides any tangible benefits to the consumer.
The People’s Game? (Football, Finance & Society) by Stephen Morrow
Authors: Burns Tom
Published: June 2016

The stated aim of the author of this short book is, ‘to provide an insight into how changes in football and football clubs, both economically and socially, have altered the relationship between clubs and their changing communities’. He does this in order to address a bigger question. In the face of increasing commercialisation, can football remain ‘the people’s game’?
Editorial
Authors: Osborn Guy
Published: June 2016

As was outlined in the Editorial to Volume 10, from Volume 11 onwards we are operating a new ‘iterative’ publishing policy. What this means is that rather than publishing work in self standing issues as these are ready, we are moving to a more instant approach when work that is accepted for publication will be uploaded and published as soon as the individual piece is ready. We believe that this has a number of advantages, not least in terms of our sections such as Interventions and Multimedia that contain shorter pieces, and which we will be able to publish in a much more timely fashion than was previously the case. Each Volume will therefore be a work in progress during the year, and will be tied together at the end of each year by a further editorial reviewing the developments over the year. In tandem with our new Social Media section we believe that this will make for a really vibrant and dynamic approach.
Two Players One Goal? Sport in the European Union edited by Walter Tokarski, Dirk Steinbach, Karen Petry & Barbara Jesse
Authors: Parrish Richard
Published: June 2016

The editors of this book are based at the German Sport University in Cologne, whilst the contributors are drawn from sports federations, academic institutions and government departments from across Europe. The ‘two players’ are obviously the EU and sport. The ‘one goal’, as stated on page 8 is ‘to preserve the diversity of sports in Europe’. The insertion of a question mark after the title rightly indicates caution. An obvious irony with the goal of preserving the diversity of European sport is that it appears to require the intervention of sporting federations and the EU both of whom exercise monopolistic and supranational control over their members. Whilst this model may protect the conception of diversity often described as a ‘European model of sport’, it may well stifle another. What of a model which allows for a diversification of organisation through the emergence of new market entrants, a diversification of talent through the genuine free movement of labour and a diversification of viewing choice for fans through the adoption of less restrictive broadcasting contracts? This is the alternative vision that commercial interests have asked the EU to promote. In this connection, this text makes two assumptions that may well undermine the diversity claim. First, that a ‘diversified’ European model of sport actually exists and second, that the EU is a monolithic entity committed and able to preserve it. At best, what both parties are actually seeking is a clarification of the legal environment in which sport operates. The level of clarification (sporting autonomy) will always be subject to debate, but the goal allows sport to remodel their constitutions with greater legal certainty and it frees the EU from having to make time consuming and politically contentious judgements about issues of which it knows little.
International Sports Law and Business in the 21st Century
Authors: Hartley Dr Hazel
Published: June 2016

This international conference was hosted by the National Sport Law Institute (http://law.marquette.edu/jw/nsli) at Marquette University Law School, in conjunction with the 9th International Association of Sports Law Conference (www.iasl.org). It was sponsored by American Appraisal Associates, the law firm of Foley and Lardner and sports facility development organisations College Town LLC and SheerGame Sports Development LLC. The National Sports Law Institute provides a Sports Law Certificate and a joint Postgraduate JD and MBA Programme (http://law.marquette.edu/jw/slcourses). The NSLI publishes the internationally recognised Marquette Sports Law Review (http://law.marquette.edu.jw/mslr) and other sports law publications (http://law.marquette.edu/jw/pubs) and actively involves students in the development of the Review, which regularly includes international contributions.
The Birth of European Union Sports Law
Authors: Parrish Richard
Published: June 2016

Employing a methodology drawn from policy studies, this article claims that the EU has devised a distinct legal approach to applying the law to sporting situations in order to reconcile differences within the EU sports policy sub- system. Whilst some actors see sport primarily in economic terms, others wish to see the socio-cultural characteristics of sport protected from EU law. In the absence of a legally rooted common sports policy, the EU has used law to construct the separate territories of sporting autonomy and judicial intervention. Whilst the findings of this research are limited to the EU experience, this article nevertheless empirically and theoretically strengthens the emerging sports law thesis within legal studies.
The Home Copying Loophole Widens: Sony & Others v . Easyinternetcafé
Authors: Garnett Nic
Published: June 2016

The record industry is engaged in a determined campaign to stop the unlawful copying of music files downloaded via the Internet. In Sony & Others v. Easyinternetcafé [2003] All ER(D) 249 proceedings were brought by several major record companies to prevent Easyinternetcafé from providing a service copying music files onto CDs for its customers. The claimants succeeded in their aim. However the summary judgment which they obtained had a sting in the tail. It supports the proposition that there is an exception within which copying from the Internet is lawful.
Reflections on the Harry Reynolds Litigation
Authors: McArdle David
Published: June 2016

In the Spring 2003 issue of  Entertainment Law Ken Foster 1 wrote of the distinction between ‘international sports law’ and ‘global sports law’, with the latter connoting immunity from national law that ‘international sports law’ does not purport to possess. In his introduction to that article, Foster wrote briefly of the litigation between the International Amateur Athletic Federation (hereafter IAAF) and Harry (‘Butch’) Reynolds, the American track athlete who failed an IAAF doping test in the early 1990s and was banned as a consequence. Foster used that case as an example of governing bodies’ response to the possibility of the ‘ordinary’ courts intervening in their disciplinary processes, citing the words of IAAF luminary Arne Ljundqvist. In the course of the litigation Ljundqvist famously stated that ‘the Courts create a lot of problems for our anti-doping work, but we don’t care in the least what they say. We have our rules and they are supreme.
Leeds United on Trial
Authors: Redhead Steve
Published: June 2016

In these increasingly ‘libertarian’ though conservative times I want to raise a question about the nature of contemporary state intervention in popular cultural industries like football, especially through the judiciary, magistracy and police, but also in terms of a wider governance, indeed ‘governmentality’, of popular culture by governing bodies and by private and public companies like professional football clubs. I want to take as a case study the so-called ‘Leeds United trial’, although it is by no means the only example2 we could select. First let us set the scene for the case study.
Ambush Marketing: More than Just a Commercial Irritant?
Authors: Gendall Philip
Published: June 2016

Although marketers have described ‘ambush’ marketing as a parasitic activity that encroaches on legitimate sponsorship, their claims often provide no basis for legal action. This article examines instances of alleged ambushes and how these fit within a wider legal framework. Ambushing appears to encompass legitimate competitive behaviour through to passing off and misuse of trademarks. Marketers concerned about ambushing should remove loopholes from contracts to minimise the opportunities open to competitors. They would also do well to learn more about the legal status of their claims and to separate these from any feelings of irritation evoked by their competitors’ behaviour.
Crime, Fear and the Law in True Crime Stories by Anita Biressi
Authors: Hartley Hazel
Published: June 2016

This book, concerned as it is with the relations of crime and narrative, is itself situated in an interesting conjunction of narrative and metanarrative. It is both a commentary on the stories of crimes and criminals, and on the ways in which those stories have been read and represented by writers on them, so it stands already at a third degree of remove from what we could call the ‘real crimes’. Oddly though, in its presentation, this book is returned through the levels of discourse to something approaching the style of those texts upon which it commentates. The cover shows a man in a Cambridge Rapist-style leather hood, his arms and body tattooed with the words ‘murder’, ‘hate’ and ‘kill’, against a night landscape of winter trees; exactly the kind of image that accompanies true crime accounts in books and magazines. The cover also bears the words ‘Crime Files’ in the graphic style of a police case-folder stamp, this being the general title of the series within which Biressi’s book is published, and the brief overview of the series describes it as ‘offering scholars, students and discerning readers a comprehensive set of guides to the world of crime and detective fiction’. I comment on these details of the book’s presentation because it seems to me that they immediately raise questions about some of the difficulties that Biressi is attempting to unravel. What is the status of the writer on, or the reader of, true crime narratives? Wherein does the continued fascination with these stories lie and what is the nature of the pleasure derived from them? Further, in this context, how does an academic analyst differ from those other readers and writers of the genre? A suspicious police officer might be forgiven for being unable to see the difference between the isolated individual in a bedsit full of true crime books and newspaper clippings of grotesque murders, and the office of an academic containing exactly the same material. The ‘scholar, student and discerning reader’ defence hardly works, when this is the alibi that so many of the texts under examination themselves employ to justify the willing involvement of the writer and the interest of the reader in apparently indefensible material.
Harmless Fun Can Kill Someone
Authors: Thomson Sarah
Published: June 2016

‘Where there’s blame, there’s a claim’ is a quotation taken from a television commercial, which at the time of writing, is broadcast on Channel Five. It is the final written and verbal punch line promoting a personal injury claims service. The advertisement goes out frequently, particularly during the daytime and I have seen it displayed during evening schedules. Another firm also vying for the personal injury claims market attracts the viewers’ attention by showing a young boy in a public playground. In the background are slides and a climbing frame, the implication is that the boy has damaged his eyesight whilst playing and requires glasses because of his injury. (The use of the playground as a site for advertising this type of product is interesting; it obviously suggests that it has been identified as an area of potential complaint and compensation). Comforted by a reassuring voice- over, viewers are informed that this particular firm, on behalf of the boy’s mother, successfully claimed damages for her son’s injury. The advertisement concludes with the suggestion that the mother received a large payment as recompense for a presumed negligence. Similar commercials publicising different personal injuries claims services are broadcast on other terrestrial television channels.
Handbook of Research on Sport and Business, edited by Sten Söderman and Harald Dolles
Authors: Motson Fred
Published: June 2016

As the title suggests, this compendium of research is focused on the nexus between business and sport, rather than the legal aspects with which this journal is more directly engaged. Yet there is much within this handbook which relates to the role of law within sport, while wider themes such as the governance of sport and the interaction between theory and practice appear throughout.
Employers’ Liability and Concussive Injury in Professional Rugby Union: The application of Health and Safety Legislation to concussive injury in professional Rugby Union in the UK and Ireland
Authors: Kirby Joanne
Published: June 2016

Alastair Eykyn - BT Sport Commentator commenting on the Pitch Side Concussion Assessment following the return of Florian Fritz to play having displayed clear signs of concussion prior to his removal for the purposes of an assessment on the 9th of May 2014.
Dirty Trix at Euro 2008: Brand Protection, Ambush Marketing and Intellectual Property Theft at the European Football Championships
Authors: Pearson Dr Geoff
Published: June 2016

This article examines the strategies utilised by UEFA to protect its ‘European Football Championships 2008’ brand from intellectual property theft. In order to protect and maximise the value of the brand, UEFA restricted access to its intellectual property to a number of ‘Official Partners’, and introduced legal and practical strategies to prevent the sale of unofficial merchandise and ‘ambush marketing’ by other companies. However, despite these strategies, unofficial products were produced in vast numbers and ambush marketing campaigns meant that considerable confusion remained as to which companies were ‘official’ partners to the tournament. Additionally, conflicts between official UEFA partners and those connected with the competing teams resulted in all parties engaging in ambush marketing activity. This article details the conflicts and also revisits previous theory on ambush marketing. It concludes that rather than pursuing event-specific anti-ambush legislation, event organisers and competitors need to find consensual solutions to prevent disputes and consumer confusion which may reduce the value of commercial rights for sporting mega-events in the future.
The Coming War on General Computation
Authors: Doctorow Cory
Published: June 2016

Whilst not an article as such, this is the ESLJ's first foray into a multimedia presentation in the journal. The lecture by Cory Doctorow embedded below was given as part of the Entertainment Law: Theory Meets Practice Series at the Centre for Law, Society and Popular Culture, University of Westminster in February 2012. It is presented in both edited version, courtesy of The Guardian newspaper and in full unedited form via the University of Westminster website.
The funzone and industrial play: the choreography of childhood spaces in a Swedish context
Authors: Cardell David
Published: June 2016

Over recent years, a cultural industrial branch of play and fun, focused on children, has been established in Swedish cities. Under names such as ‘the mischief factory’, ‘play and mischief land multisport’ and ‘funhouse’, opportunities to consume spaces filled with tools for play, so-called sports zones and celebration milieus with different themes, are offered. Children and their parents as well as schools can stay in these spaces for hours or days, as camps are one of the services provided. In information and advertisements for these businesses, playfulness, speed, parties and celebrations are marked out as key components; everything in a world that is claimed to be created for children. This paper critically investigates the temptations and the activities portrayed within this ‘children’s culture industry’ (Langer, 2002) by analyzing informational material and advertisements as presented on websites. The study is based on the hypothesis that these spaces offer, encourage and make possible certain forms of social choreography (Hewitt, 2005) that are connected to logics of productive consumption (Lefebvre, 1991). The paper develops a picture of the characteristics of industrial play in what is conceptualized as the ‘funzone’. The concept of the funzone is developed with support from research on childhood that has highlighted the tensions between nature and culture during this life phase.
Shilpa’s Filthy Hands
Authors: Redmond Sean
Published: June 2016

The celebrity Big Brother race row centers, in part, on the preparation, handling and consumption of food. While the ritual of formal and informal dining is a key trope of the series, in this instance it is used to construct notions of difference and Otherness. Eating/not eating Indian becomes a symbol of purity and danger: of Shilpa's filthy natural self that somehow lurked beneath her glamorous exterior. If one eats Indian one is consuming the Other, with the potential to be taken over or spoiled by it. Shilpa, then, comes to stand for a complex and contradictory mix of Eastern/Oriental gender stereotypes. However, at the same time, the racialised grammar of representation used to mark her out as Other draws attention to the white bodies attempting to deny her wholeness. In choosing to eat/not eat Indian one opens up a dynamic space for an interrogation of whiteness to emerge. In fact, Jade, Jo, and Danielle become inferior signifiers of national identity in an age of global consumption. By contrast, Shilpa becomes 'surplus value', a supericonic sign that resists the name calling, fetishisation, marginalisation demanded by those on the show. The Big Brother race row may well be a text that directly speaks to the new post-colonial communication flows in place in the contemporary age.
The Long Life of Bosman– A Triumph of Law over Experience
Authors: Dixon Dennis
Published: June 2016

This article urges a reconsideration of the analysis of the interests of football given by the Advocate General in Bosman. The article will show how much of the Bosman decision depends on the Advocate General’s view of ‘mutual interdependence’ and its consequences in respect of a willingness of larger clubs to redistribute revenue. Although it is widely recognised that the redistribution of funds has declined in real terms since Bosman, the implications of this for Bosmanhave not been exposed. The article endeavours to show that the Bosmananalysis has not simply been falsified by later events, but that the Advocate General’s predictions went beyond the natural limits of adjudication. Using Fuller’s theory of adjudicating polycentric problems, this article will argue that it is not sufficient for the Court of Justice of the European Community to reverse its decision in Bosman; it must refrain from replacing one set of flawed predictions for another. In this regard, it will be suggested that we should consider applying the theories of judicial deference or restraint commonly raised when considering questions of proportionality in the human rights context. Such an approach may make the elite less confident that an assertion of their economic rights, and thus power, will be supported by the ECJ, and thus a less intrusive role for European law in proportionality adjudication may assist social dialogue.
Structured Finance and Football Clubs: an Interim Assessment of the use of Securitisation
Authors: Burns Tom
Published: June 2016

Securitisation is a financing technique that rests upon a complex legal foundation. Its purpose is to allow companies to raise low-cost finance from the capital markets. This technique has been used successfully in a range of businesses over many years, but it was only adopted by football clubs in much more recent times. Between late 1999 and 2003 there were a number of football securitisations and these raised many millions of pounds for the clubs. The technique appeared to be successful and as a result of this more clubs expressed an interest in securitisation. However, instead of seeing a continuing growth of securitisations in the football sector, the process came to sudden halt in late 2003. A series of insolvencies among football clubs revealed certain weaknesses in the legal and financial structures of football securitisations. These weaknesses resulted in financial losses for some investors and it had the effect of discouraging others from risking their money in future securitisations. This led to speculation that there was little or no future for securitisation in the football sector. However, it is possible that the recent improvement in football finances and the current benign climate for bond investors may encourage a revival of the technique, particularly if the lessons of past mistakes can be absorbed. Arsenal instigated the largest football securitisation to date, in July 2006, to raise £260 million and there has been press speculation that other clubs may follow Arsenal’s lead. Under these circumstances it may be useful to make an interim assessment of the use of securitisation in football. The paper shall examine why securitisations were popular with clubs and why they came to a sudden halt in 2003. It shall then seek to discover what lessons can be learned from football’s initial, but traumatic, experience with this financing technique. Finally, the paper shall consider whether there is a realistic possibility that more football clubs might be able to reassure investors that it will be safe to participate in football securitisations in the future.
The Independent European Sport Review: Half Full or Half Empty?
Authors: García Borja
Published: June 2016

This contribution reviews the ongoing debates on the role of European public authorities in the governance of sport, focusing on the recently published Independent European Sport Review, an initiative of British sports minister Richard Caborn during the 2005 UK Presidency of the EU. Former Portuguese Presidency minister, José Luis Arnaut, was charged with the task of carrying a review of the current state of European football in the aftermath of major corruption scandals in Germany, Belgium and Italy. With the support of UEFA, FIFA and the European sports ministers, Arnaut delivered his report last May, claiming that, despite being focused on football, it presents a template to improve the governance standards of sport in Europe, define the role the EU has to play and to preserve the so-called European Sports Model. The Independent European Sports Review is now featuring heavily in the consultation process conducting to the forthcoming European Commission White Paper on Sport.
Bar Wars – Contesting the Night in Contemporary British Cities by Phil Hadfield
Authors: Barron Alan
Published: June 2016

This is an interesting book but its title is misleading. The author states that his field of interest is the night time economy (NTE) in British cities. This is untrue. His interest is the NTE in ‘English’ cities. Scots and Welsh cities are not considered anywhere here. This is unfortunate, particularly as regards Scotland and its unique licensing system, which could usefully have been used as a comparator.
Editorial for the Special Issue
Authors: Toddington Stuart
Published: June 2016

On April 27th and 28th 2005 The Law School at the University of Central Lancashire (UCLAN) hosted a conference entitled The State of Play: Contemporary Issues in Sports Law Research. The event brought together academics and practitioners from the UK and Europe as well as the USA, Canada, South Africa and Australia. The busy two-day schedule packed in two plenary sessions and six panel workshops as well as a conference dinner at the splendid National Football Museum at Deepdale, Preston. The sessions produced some ground-breaking debate, and many of the ideas previewed and discussed at The State of Play conference have since been published as articles in this and other journals and books, and the cross-fertilisation of ideas that occurred then continues to contribute to the very healthy corpus of writing that constitutes contemporary sports law scholarship.
When is a Contract More than a Contract? Professional Football Contracts and the Pendulum of Power
Authors: Magee Jonathan
Published: June 2016

Professional football contracts were established in England in 1885 and structured around a transfer and retain system whereby at the end of the contract clubs decided whether to retain or transfer the player. These contracts also had a maximum wage value so it is fair to say clubs were firmly in control of players’ careers and earning capacities. However the early 1960s altered such labour conditions as the maximum wage was abolished (in 1961) whilst the retain and transfer system was overhauled as a case of unreasonable restraint of trade (in 1963). Contractual freedom and better earning conditions were further enhanced in 1978 when the Independent Tribunal System was established to deal with out-of-contract professional players who sought to move to a new club having declined a retaining contract from their current club. The 1995 Bosman Case further lubricated the marketplace as players were now provided with total contractual freedom for the first time. This paper assesses contract power over professional football’s historical timeline and demonstrates that the professional football marketplace has seen the pendulum of power swing away from the football authorities toward the player with regard to professional contracts.
Perceptions of Playing Culture in Sport: The Problem of Diverse Opinion in the Light of Barnes
Authors: Pendlebury Adam
Published: June 2016

Prior to Barnes, the boundaries of injury-causing conduct in sport, susceptible in law to the concept of consent were confined to actions within the rules of a game. Despite Bradshaw and Billinghurst implicitly eluding to a wider interpretation of consent it was Barnes that first acknowledged that contacts outside of the rules of the game can in certain circumstances, be consented to. Thus, we now have the notion of ‘Playing Culture’ firmly expressed in law. This paper addresses the problematic connection between criminal law concepts of consent and ‘Playing Culture’ in light of different perceptions of violence on the sports-field. It summarises a sample of amateur rugby participants’ responses to varying levels of violence and argues that the diversity of perception poses a problem for the organic development of regulation in sport. The paper concludes with some suggestions on how a process of education and reflection within Sports Governing Bodies might achieve a better regulatory relationship with the courts and with the concerns of wider society.
Sports Law by Simon Gardiner, Mark James, John O’L eary and Roger Welch (with Ian Blackshaw, Simon Boyes and Andrew Caiger)
Authors: Anderson Dr Jack
Published: June 2016

The third edition of this market-leading textbook on sports law remains as determinedly informed by a socio-legal approach as previous editions. Outwardly, the key developments in sports law encapsulated by this latest volume are the impact of the Human Rights Act 1998 on UK sport, the repercussions of the European Court of Justice’s decision in Deutscher Handballbund eV v Maros Kolpak (Case C-438/00) [2003] ECR I-4135 and the expansion of the World Anti-Doping Agency. Those issues reflect the consistently ambitious nature of this text, as it endeavours to provide its readers with a comparative analysis of sports law in Britain, the European Union and globally. More implicitly, this text reflects the ever deepening and widening nature of what some writers, with needless grandeur, occasionally refer to as lex sportiva.
Scope of Review, Standard of Review and Authority to Grant a Remedy: An Analysis of Three Policy-Based Rules in a Sport-Specific Arbitration Process
Authors: Findlay Hilary A.
Published: June 2016

With an increasing number of sport disputes being heard by way of arbitration, some have called it a ‘growth industry’. Much has been written on the relative benefits of sport-specific arbitration processes as compared to the litigation process but few contributions have probed more deeply to address the function and design of such a process. The purpose of this paper is to examine how certain prescribed rules of an arbitration process can serve as instruments of sport policy.Three rules of the arbitration process, each of which goes beyond a basic rule of procedure operation and has important policy implications for the sport organisation and sport in general, are discussed. The three rules relate to the proper scope of review of the adjudicator, the standard of review to be used in defining an error and the scope of authority of the adjudicator in crafting a remedy. Each of the rules can affect not just the outcome of a decision, but also the role decision-makers play within the sport organisation.The underlying premise of this paper is the view that the arbitration process and, more specifically, the rules of arbitration should be designed to support and to facilitate the desired function of independent sport arbitration. What that function is must be considered in light of the sport organisation’s own governance and policy-making role. Policy-based rules of procedure such as the three discussed here, can either support that role or make incursions into the independent functioning of the sport organisation.
David v. Goliath: The Gay Games, the Olympics, and the Ownership of Language
Authors: Warren Ian
Published: June 2016

The Gay Games is firmly established on the contemporary global sports calendar, but is seldom canvassed in mainstream sports media, or considered a model for sports administrators. This is regrettable, as the Games’ ethos offers many clues into the relationships between individual and communal empowerment for homosexual and heterosexual participants alike, while providing a site of resistance against entrenched norms of elitism, nationalism, victory and record-breaking indicative of the modern Olympic movement. Credit for this inclusive ethos rests with the vision of inaugural Gay Games organiser Dr. Tom Waddell. Drawing on Games archives, this paper outlines Waddell’s vision, then discusses the impact of a protracted legal dispute instigated by the United States Olympic Committee in 1982 over the use of the term ‘Olympics’ in association with Gay Games I and II. Four United States Federal court rulings are examined, with particular reference to the contrasting hierarchy of private intellectual property and public civil rights considered under United States law of the time. Domestic and international legacies of the dispute are also briefly examined, focusing on the inherent tensions between the state-sanctioned protection of Olympic terminology, the ideals of free speech, the ownership of common sporting terms, and the potential discriminatory effects of selective trademark enforcement. The paper concludes with a brief discussion of how Waddell’s vision superseded each of these legal technicalities to ensure the Games continues to provide a viable model for inclusive and engaged participation for all people.
Funding Liquidity Risk and the Cross-section of MBS Returns
Authors: Kitsul Yuriy , Ochoa Marcelo
Published: June 2016

This paper shows that funding liquidity risk is priced in the cross-section of excess returns on agency mortgage-backed securities (MBS). We derive a measure of funding liquidity risk from dollar-roll implied financing rates (IFRs), which reflect security-level costs of financing positions in the MBS market. We show that factors representing higher net MBS supply are generally associated with higher IFRs, or higher funding costs. In addition, we find that exposure to systematic funding liquidity shocks embedded in the IFRs is compensated in the cross-section of expected excess returns| agency MBS that are better hedges to funding liquidity shocks on average deliver lower excess returns-and that these premiums are separate from the premiums associated with prepayment risks.