Pub Date : 2002-09-22DOI: 10.1080/14730980210001730531
Stephen C. Miller
From time to time the worlds of leisure and law collide with unhappy consequences. We live in litigious times and, as a result, when the leisure, sport or social club member discovers that he faces discipline and perhaps expulsion from his club for a misdemeanour, he may be tempted to go to law in order to preserve his position. For that reason, the club’s management body will need to know the extent to which the court will interfere in its disciplinary and decision-making process. The purpose of this short piece is to outline some of the legal issues a management body would need to be aware of should that eventuality arise.
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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 example 2 we could select. First let us set the scene for the case study.
{"title":"Leeds United on Trial","authors":"S. Redhead","doi":"10.16997/ESLJ.161","DOIUrl":"https://doi.org/10.16997/ESLJ.161","url":null,"abstract":"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 example 2 we could select. First let us set the scene for the case study.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"58 2-3","pages":"98-106"},"PeriodicalIF":0.0,"publicationDate":"2002-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72507703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2002-09-22DOI: 10.1080/14730980210001730501
M. James
This article analyses the potential legal actions that could arise out of Roy Keane's challenge on Alf-Inge Haaland in the light of the comments attributed to Keane in his recently published autobiography. This challenge becomes all the more interesting because of these comments as it raises the possibility that every cause of action that has ever been used in this country in respect of an incident of participator violence may come into play. Throughout, the implications for contact sports of this kind of legal intervention and the ever-present argument over the need for the law to be used in these circumstances will be referred to. The incident is used as a reference point for the application of the law to disputes arising out of football matches and to highlight the public policy arguments for and against bringing the various causes of legal action.
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Pub Date : 2002-06-20DOI: 10.1080/14730980210001730421
T. Lewis
This article argues that the use of the common law offence of outraging public decency to attack art and artists (as it was in R v. Gibson – the ‘foetus earrings’ case – in 1991) has effectively been rendered impossible by the Human Rights Act. This is the case despite the fact that the European Commission of Human Rights found there to be no breach of the article 10 right to freedom of expression in the case of Gibson itself. The HRA mandates reform of such common law provisions and will lead to more rigorous protection of the right to artistic expression by domestic courts than has hitherto been available at Strasbourg.
本文认为，《人权法案》实际上已经使利用普通法中违反公共礼仪的罪行来攻击艺术和艺术家(就像1991年的R v. Gibson案——“胎儿耳环”案)变得不可能。尽管欧洲人权委员会认为在吉布森本身的案件中没有违反第10条的言论自由权，但情况仍然如此。《人权法》要求对这些普通法条款进行改革，并将导致国内法院对艺术表达权的保护比迄今为止在斯特拉斯堡所能提供的更为严格。
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Pub Date : 2002-06-20DOI: 10.1080/14730980210001730441
G. Pearson
Gough and Smith had unsuccessfully appealed 1 against the imposition upon them of two-year football ‘banning orders’ under the Football Spectators Act 1989, s.14(a) as amended by the Football (Disorder) Act 2000. They both had one previous conviction for an offence of violence, unrelated to football, in 1998 and 1990 respectively. Each had been the subject of a ‘profile’ prepared by the police, which indicated that they had repeatedly been involved in, or had been near to, incidents of violence at or near football matches.
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Pub Date : 2002-06-20DOI: 10.1080/14730980210001730431
J. Hoek, Philip Gendall
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.
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Pub Date : 2002-06-20DOI: 10.1080/14730980210001730411
P. Chatterton
This article develops an understanding of the governance of urban nightlife. The starting point is that a night out in the post-industrial, consumptionoriented city is as much about issues of economic development and creativity as it is about ‘law and order’ and ‘social control’. Further, a number of groups often with conflicting interests, such as the local state, police, licensing magistrates, residents groups, door security firms, nightlife operators, consumers and workers, are involved in governing the night. However, the main aim of the article is to highlight that a ‘consensus’ has been formed for how the night-time economy should develop, which is largely based around meeting the needs of large and highly acquisitive property developers and entertainment conglomerates, profit generation and selling the city through upmarket, exclusive leisure aimed at highly mobile, cash-rich groups. The article concludes by asking what are the implications for older, historic and alternative, independent forms of nightlife.
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Pub Date : 2002-06-20DOI: 10.1080/14730980210001730401
P. English
Stonehenge has been the site of lengthy, and at times violent, disputes concerning the refusal of access to the site. In particular, this has concerned the wishes of various groups of people to celebrate there (whether in religious or secular form) at Midsummer. This paper examines the events at the site from the violent end to the era of free festivals at the site in the mid-1980s to the current moves to extend free access to the stones at the Solstice. It suggests that these events cannot be viewed in isolation. Denying access to a national monument held in public ownership raises questions of the nature of national monuments themselves, and of the society for which they have symbolic importance. The recent moves towards open access to the site at the Solstice are part of a process of renegotiation of boundaries, which itself reflects a changed social climate. However, this has not provided a final resolution to the problem of reconciling diverse interests in the site.
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Pub Date : 2002-03-20DOI: 10.1080/14730980210001730361
H. Findlay, R. Corbett
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.
{"title":"Principles Underlying the Adjudication of Selection Disputes Preceding the Salt Lake City Winter Olympic Games: Notes for Adjudicators","authors":"H. Findlay, R. Corbett","doi":"10.1080/14730980210001730361","DOIUrl":"https://doi.org/10.1080/14730980210001730361","url":null,"abstract":"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.","PeriodicalId":36418,"journal":{"name":"Interactive Entertainment Law Review","volume":"27 1","pages":"109-120"},"PeriodicalIF":0.0,"publicationDate":"2002-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83252756","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2002-03-20DOI: 10.1080/14730980210001730331
I. Warren
Peaceful acts of protest are relatively common in popular Australian sports and entertainment. Traditionally, protest has been regulated through criminal and adjunct summary offences or policing legislation. Trends in corporate governance and state-sponsored event management have significant implications for individual and collective rights of protest at popular domestic and international events. In reviewing prominent incidents of protest and the evolution of public order laws in Victoria and New South Wales, this article highlights the complexity and contradictions underpinning the regulation of protest at major entertainment venues, and examines the impact of recent legislative reforms facilitating professional corporate event management.
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