Discover and read the best of Twitter Threads about #sportslaw
Most recents (14)
.@iChampionWomen and the WSPWG submitted these comments to the @usedgov - asking them to promulgate clear rules: girls and women’s sports should be for girls and women.
No athlete gets to pick their competitive category. Facts, biology, science …not GI
championwomen.dm.networkforgood.com/emails/we-appl…
No athlete gets to pick their competitive category. Facts, biology, science …not GI
championwomen.dm.networkforgood.com/emails/we-appl…
The proposed regulations don’t provide clarity. Neighboring schools would undoubtedly. The physical safety risks to athletes, the school’s liability safety risks, would be untenable. #SportsLaw #SportsBiz
Instead, all eligibility rules must be easily understood and enforced nationally.
At a minimum, “all competitive sports” should encompass all junior varsity and varsity sports. #Fairness4Females #SaveWomensSport
At a minimum, “all competitive sports” should encompass all junior varsity and varsity sports. #Fairness4Females #SaveWomensSport
For EU #Sportslaw geeks, here is my short thread on the Opinion of AG @maciejszpunar and why its most important bit is not in the press release.
#EULaw #UEFA #HomegrownRule #Article165 #FreeMovement #Superleague
👇👇👇
#EULaw #UEFA #HomegrownRule #Article165 #FreeMovement #Superleague
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First an element of context, AG Szpunar is not any AG at the Court, but the 'First Advocate General'. His Opinion comes after the much noted and commented Opinion of AG Rantos in the #Superleague case.
The (most) interesting bit of his Opinion in my view relates to the interpretation of Article 165 TFEU and its relationship to the European Sports Model. (See paras 48-55).
NEWS 🧵: I've filed a federal lawsuit against @WestPoint_USMA over its (and the other service academies') policy of denying FOIA requests related to Army's athletic department.
I explain more in @Sportico today:
sportico.com/law/analysis/2…
#sportslaw #journalism #NCAA #Army
I explain more in @Sportico today:
sportico.com/law/analysis/2…
#sportslaw #journalism #NCAA #Army
In 2015, Army followed in the footsteps of Air Force and Navy, by petitioning Congress to allow it to spin off its athletic department as a separate nonprofit organization—Army West Point Athletic Association (AWPAA)—which would then manage its NCAA sports programs.
Since then, it has asserted that its entire athletics operation is outside the bounds of the Freedom of Information Act. Though secrecy was perhaps not its main rationale for seeking to privatize athletics, it seems to have been treated as at least an ancillary benefit.
I read AG Rantos' #SuperLeague Opinion (available at curia.europa.eu/juris/document…) for you and here are my main takeaways 🧵🧵🧵
#Sportslaw #EUlaw #BosmanDay #FIFA #UEFA
#Sportslaw #EUlaw #BosmanDay #FIFA #UEFA
It opens with some drama, "the very existence of the organisational structure of the modern game" and "the the future of European football" are at play. (§2)
The first really interesting part of the Opinion concerns the AG's assessment of the relevance of Article 165 TFEU and the European Sports Model in the case (§§27-42).
The Novak Djokovic v Minister for Home Affairs, to be held in the Federal Circuit and Family Court of Australia tomorrow, may become one of the most important legal cases involving sport in this country.
#djokovic #AusOpen #tennis #sportslaw
#djokovic #AusOpen #tennis #sportslaw
Here are some takeaways from the submission put forward by #djokovic’s legal team and some of the arguments you will hear tomorrow:
#djokovic came to Australia on a Temporary Act visa, also knows as a 408 visa. It is not subject to any condition with regard to vaccination status. It was issued to Mr Djokovic on November 18, 2021.
For the first time in its history #CAS publishes an Annual Report and Financial Statements, welcome to the era of (relative) transparency!
[Follow the thread]
#Sportslaw #Arbitration #CAS
[Follow the thread]
#Sportslaw #Arbitration #CAS
1. Unfortunately, the only interesting bits are in the financial statements at the end of the document. Even though they are not going into great details, they are providing interesting information about the economic management of the CAS.
2. Here is how the CAS is financed: 50% contributions from Olympic Movement & FIFA + 50% contributions of the parties to the proceedings (I imagine mostly from transfer related disputes & ordinary arbitration as appeals in disciplinary cases are free).
I really enjoyed talking to Noah about the #CAS.
It’s not the first time I’m coming out publicly to challenge the status quo at the CAS (see dailymail.co.uk/sport/sportsne…) and I’d like to explain a bit why.
[Thread] 👇👇👇
#Sportslaw #Arbitration #Transparency #Independence
It’s not the first time I’m coming out publicly to challenge the status quo at the CAS (see dailymail.co.uk/sport/sportsne…) and I’d like to explain a bit why.
[Thread] 👇👇👇
#Sportslaw #Arbitration #Transparency #Independence
1. #CAS is a crucial player in sports governance, it whitewashes legally speaking the decisions of international SGBs. Once a CAS award confirmed a decision of an SGB, the latter gains in authority and becomes extremely difficult to challenge elsewhere (see #Pechstein odyssey).
2. #CAS is not an arbitral tribunal, I repeat #CAS is not an arbitral tribunal! As I have argued elsewhere (nomos-elibrary.de/10.5771/978374…), CAS jurisdiction in appeal cases cannot be grounded on consent, it needs post-consensual foundations (such as the famous ‘level playing field’).
Over 70 former professional rugby players are preparing for legal action against the sport’s governing bodies according to this report.
The group litigation seems to be in its early stages, but World Rugby & Unions will be starting to get twitchy.
THREAD on the key issues 👇🏼
The group litigation seems to be in its early stages, but World Rugby & Unions will be starting to get twitchy.
THREAD on the key issues 👇🏼
1) Duty of care
Do the governing bodies (World Rugby, RFU, WRU etc) owe players a duty of care in respect of their health and safety? The answer is almost certainly yes (see for example Watson v BBBoC).
Do the governing bodies (World Rugby, RFU, WRU etc) owe players a duty of care in respect of their health and safety? The answer is almost certainly yes (see for example Watson v BBBoC).
2) Breach of duty
Have the governing bodies breached this duty? This is the first of the major hurdles for any litigation.
The question is essentially whether they acted reasonably in the circumstances.
Did they know about the dangers of concussion and fail to act?
Have the governing bodies breached this duty? This is the first of the major hurdles for any litigation.
The question is essentially whether they acted reasonably in the circumstances.
Did they know about the dangers of concussion and fail to act?
Having read and digested Lord Myners’ review of the Premiership Rugby Salary Cap, here is a thread on what I consider to be the main talking points.
The full report can be read here: media-cdn.incrowdsports.com/4c20e3b1-ed1c-…
The full report can be read here: media-cdn.incrowdsports.com/4c20e3b1-ed1c-…
1) It is incredibly well-written and perfectly appreciates its own context. Lord Myners clearly understands the sport and, in particular, the English rugby landscape.
The report makes for good reading and I would recommend it to anyone with an interest in rugby or #sportslaw.
The report makes for good reading and I would recommend it to anyone with an interest in rugby or #sportslaw.
2) It is scathing of the lack of transparency that has plagued the salary cap since its inception, and of the interference of the clubs in its processes.
The recommendations on improving transparency and independence are absolutely right and I would endorse them wholeheartedly.
The recommendations on improving transparency and independence are absolutely right and I would endorse them wholeheartedly.
It’s time!
We’re so glad you could join us today for our tweetchat with @Farai_Razano of Razano Law, SA!
Who else is exited? 🚀
#DiscoveryMasterclass
#DiscoverySports
We’re so glad you could join us today for our tweetchat with @Farai_Razano of Razano Law, SA!
Who else is exited? 🚀
#DiscoveryMasterclass
#DiscoverySports
Farai @Farai_Razano is passionate about, and specialises primarily in, sports law.
He has acted for various clients including individual sportspersons, clubs, sports associations, and production houses in the film or television industry.
#DiscoverySportsMasterclass
#SportsLaw
He has acted for various clients including individual sportspersons, clubs, sports associations, and production houses in the film or television industry.
#DiscoverySportsMasterclass
#SportsLaw
He has appeared and acted for various parties before specialist sports dispute resolution tribunals including the Court of Arbitration for Sport.
#DiscoverySportsMasterclass
#SportsLaw
#Sports
#DiscoverySportsMasterclass
#SportsLaw
#Sports
I spoke to @soenen_florian about the next steps at the #CAS and beyond regarding #ManCityBan.
A short thread to share some of my key points (in English)
#Sportslaw #UEFALaw #FFP
A short thread to share some of my key points (in English)
#Sportslaw #UEFALaw #FFP
1. This is the beginning of a (potentially decade long) judicial journey, not the end. Yet, the #CAS will decide (this summer?) the fate of #ManCity in the short term (e.g. for the 2020/2021 season).
2. The #CAS is unlikely to find that #FFP is contrary to EU law after its #Galatasaray decision, but it could find that the sanction is disproportionate/unfair if #ManCity’s lawyers manage to show that #PSG was in a similar situation and got away with it.
My thread on the interim decision of the Swiss Federal Tribunal in the @caster800m case.
Full decision in French at bger.ch/ext/eurospider…
It highlights key features of the #LexSportiva & the ‘complicity’ of Swiss law in sheltering it from review.
#Sportslaw #CAS
Full decision in French at bger.ch/ext/eurospider…
It highlights key features of the #LexSportiva & the ‘complicity’ of Swiss law in sheltering it from review.
#Sportslaw #CAS
1. The #SFT reminds us that its control of #CAS awards is narrow. Hence, it orders interim measures only if it is ‘very likely’ that an appellant will prevail.
This is because Swiss law is traditionally favourable to international arbitration.
#Sportslaw #Arbitration #Semenya
This is because Swiss law is traditionally favourable to international arbitration.
#Sportslaw #Arbitration #Semenya
2. This is extremely problematic because #CAS arbitration unlike international arbitration is in general not based in consent (see ECtHR in #Pechstein) and should not enjoy the same quasi-immunity from state control.
#Sportslaw #Arbitration #Semenya
#Sportslaw #Arbitration #Semenya
At the request of my new [South-African, obviously] colleague @MPlagis, I swallowed the 163 pages of the #Semenya award yesterday.
It wasn’t the most pleasant literary experience of my life, but at least I learned what a judicial ‘hot tub’ is.
Here is a book review:
#Sportslaw
It wasn’t the most pleasant literary experience of my life, but at least I learned what a judicial ‘hot tub’ is.
Here is a book review:
#Sportslaw
1. In short, what is interesting in the award is actually also what the #CAS forgot to mentioned in its press release, the core of #IAAF’s winning case turns on the concepts of ‘biological males’ & ‘sports sex’.
#Semenya #Autonomy #Sportslaw
#Semenya #Autonomy #Sportslaw
2. But let me start by regretting that the #CAS hearing was not public because @caster800m’s testimony (see paras 73-87) recalling what she went through since 2009 would have deserved a global audience.
#Sportslaw #Semenya
#Sportslaw #Semenya
Hi guys,#TGIF! 🎉💥😉
In today's #SportsLaw matters: Do you know what happens if a party who filed a Claim before #FIFA's #PSC or #DRC dies before the determination of the suit?
Right or wrong?
Our @Akinyemiesq has penned his thoughts on this. Watch this space, 7pm today. ⚽📚
In today's #SportsLaw matters: Do you know what happens if a party who filed a Claim before #FIFA's #PSC or #DRC dies before the determination of the suit?
Right or wrong?
Our @Akinyemiesq has penned his thoughts on this. Watch this space, 7pm today. ⚽📚
Good evening, and Kick off!..
The round leather game, as fondly called, used to be a mere recreational activity which attracted some rewards by the way. However, over the last three decades or so, the commercial value of sports, particularly football, has grown astronomically.
The round leather game, as fondly called, used to be a mere recreational activity which attracted some rewards by the way. However, over the last three decades or so, the commercial value of sports, particularly football, has grown astronomically.
The increase in its commercial value has occasioned a reciprocal increase in disputes between persons involved in the game; from coaches, to clubs, to players, etc.
