This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law.

"This book focuses on the analysis of coercive measures that sports organisations are permitted to use as part of their internal sports investigation proceedings to investigate sports rule violations. The legality of such coercive measures is measured against the legal regime of the European Convention on Human Rights (ECHR). The book examines the important issue of the applicability of the ECHR to private sports organisations, which is currently widely debated in the field of sports law. The ECHR is hereby used as the analytical framework, which should also be a source of inspiration for jurisdictions outside the scope of application of the ECHR. The book further explores if and to what extent sports organisations and law enforcement agencies may exchange intelligence in support of both internal sports investigation proceedings and criminal investigations. At all stages, the work seeks to strike a balance between the interest of sports organisations to investigate sports rule violations and the rights of athletes and other sportspersons. The work will be an invaluable resource for students, academics and policy-makers working in the area of Sports Law and Human Rights Law"--

This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.

This book discusses contemporary standards of legal safeguards in the area of bulk electronic surveillance from the perspective of the European legal model. Bulk, or untargeted, surveillance, although traditionally associated with the interception of electronic communications, is increasingly used as a convenient tool for collecting information on large groups of society. The collection of redundant information, which is intrinsic to bulk surveillance, is no longer a side effect but an important objective of the use of bulk powers. As a result, untargeted surveillance is everywhere increasingly being implemented, and without any clear link to state security or crime-fighting objectives. This work examines the origins of untargeted measures, explores their mechanics and key concepts, and defines what distinguishes them from other forms of surveillance. The various elements of the legal safeguards in place, which are fundamental to protecting individuals from the risks of abuse of power, are analysed in detail. The book discusses not only the different standards of legal safeguards, but also gives examples of their implementation in individual European countries. It also examines the relationship between the development of the global data market and untargeted surveillance powers, in particular in the context of the risks associated with algorithmic surveillance, client-side scanning, the privatisation of surveillance – or surveillance as a service – and the increasingly widespread use of preventive content filtering mechanisms. The book will be a valuable resource for academics and researchers working in the areas of law, international relations, public policy, engineering and sociology. It will also appeal to professionals dealing with various aspects of the use of surveillance measures, such as experts, members of the legislature and law enforcement agencies. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

This volume examines European and national higher-court decisions on social media from the perspective of fundamental rights and judicial dialogue. While the challenges social media poses for public policy and regulation have been widely discussed, the role of courts in this evolving legal area, especially from a fundamental-rights standpoint, has hitherto remained largely underexplored. This volume probes the contribution of national and European judiciaries to the protection of fundamental rights in a social media setting and delves into patterns of dialogue and interaction between domestic courts, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR), and between the CJEU and the ECtHR. The book specifically examines the extent and ways in which national and European judges incorporate fundamental rights reasoning in their social media rulings. It also investigates the nature and breadth of the use of European supranational case law in domestic judicial assessment and analyses the engagement of the CJEU and the ECtHR with the other’s case law. In doing so, the book instils jurisprudential dynamics into the study of social media law and regulation, exploring in particular the effects of European constitutionalism on the shaping and enforcement of fundamental rights in a social media context. Written by emerging and established experts in the field, this book will be essential reading for scholars of comparative, European and constitutional law, as well as those with a particular interest in digital technologies and social media.

This book provides a vital and original investigation into, and critique of, the situation facing the realisation of the child’s right to play. The right to play has been referred to as a forgotten right – forgotten by States implementing the Convention on the Rights of the Child, by the Committee on the Rights of the Child in monitoring and providing guidance on the Convention, and by human rights academics. Through multidisciplinary, original archival, novel doctrinal and primary empirical research, the work provides a thorough investigation of the right to play. It offers an innovative insight into its value, the challenges facing the realisation of the right, its raison d’être and its scope, content and obligations. It also critiques the Committee’s engagement with the right to play and shares lived experiences of efforts to support its implementation in the United Kingdom and Tanzania. The book highlights elements of best practice, challenges, and weaknesses, and makes recommendations for the continued and improved realisation of the right to play. The book will be a valuable resource for researchers, academics, advocates and policy-makers working in the areas of Children’s Rights, International Human Rights Law, Public International Law, Child Welfare, and Education.

This book explores various contemporary aspects of the growing field of housing, land and property (HLP) rights. HLP rights have undergone a major transformation in recent decades, but much remains to be done to bring their promise to the billions of people who have yet to access them. This work presents several innovative ways by which the entire field of HLP rights can be strengthened in support of those to whom they are promised by human rights laws. It outlines the author’s suggestions for creating a new World Restitution Agency, expanding our understanding of the term ‘internationally wrongful act’ to HLP crimes, the links between mine action and HLP rights in post-conflict societies and the need to include HLP issues in peace agreements. The book concludes with several chapters that outline suggestions for better addressing climate displacement, including the need for national climate land banks, the role of the courts and how to redistribute global wealth towards rehousing the millions set to be displaced from their homes and lands due to the effects of climate change. The volume will be essential reading for academics, researchers and policymakers working in the areas of international human rights law, housing, land and property issues, humanitarian issues and climate change.

In an effort to balance the protection of reputation and the right to free speech, the UK Parliament attempted to fundamentally transform English libel law through the Defamation Act 2013. This book evaluates the success of this attempt by means of a comparative analysis of relevant law in the United States of America (US), Germany, and the European Court of Human Rights. It examines the reasons that it was deemed necessary to reform the common law of defamation in England and Wales, the changes wrought by the act, and the case law it has engendered. As defamation often occurs internationally, the book also takes a broad comparative look at the way in which other relevant jurisdictions attempt to balance reputational protection and free speech. The natural starting point is the US where freedom of expression is strongly protected by the US Constitution. From there the focus shifts to Germany where both competing legal interests are likewise given constitutional protection. The European Court of Human Rights’ jurisprudence is also examined because of its highly developed balancing approach and its general reflection of European legal thinking. Recent high-profile defamation cases such as those concerning the actors Johnny Depp and Amber Heard, decided in the UK as well as the US, form interesting and informative case studies. The final section of the work rates the libel reform attempted in the UK against its own benchmarks, provides suggestions about the way in which it is developing, and concludes that valuable lessons can still be learnt from the comparator jurisdictions. The book will be essential reading for those working in the areas of human rights law and media law.

This unique international legal and cross-disciplinary edited volume contains analysis of the legal impact of doping regulation by eminent and well known experts in the legal fields of sports doping regulation and diverse legal fields which are intrinsically important areas for consideration in the sports doping landscape. These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport. It is the first book to examine the topical and contentious area of sports doping from a variety of different but very relevant legal perspectives which impact the stakeholders in sport at both professional and grass roots levels. The World Anti-Doping Code contains an unusual mix of public and private regulation which is of more general interest and fully explored in this work. Each of the 14 chapters addresses doping regulation from a legal perspective such as tort, corporate governance, employment law, human rights law, or a scientific area. Legal areas are generally considered from an international and not national perspective. Issues including fairness, logic and the likelihood of compliance are explored. It is vital reading for anyone interested in the law, regulation and governance of sport.

Sports Law and Regulation provides a comprehensive and timely discussion of youth, high school, college, Olympic, and professional sports legal issues, including gender and racial equity, health, safety, risk management, and intellectual property law issues. A comprehensive collection of cases and materials provides balanced perspectives and flexible coverage, while the organization provides instructors the flexibility to cover selected sections or chapters for a separate course in either Amateur Sports Law or Professional Sports Law. Sports Law and Regulation contains the appropriate amount of introductory and explanatory materials, notes, and questions to facilitate students’ understanding as well as hypothetical problems for applying new knowledge. New to the 6th Edition: Updated cases regarding speech and religion at the high school level including Mahanoy Area Sch. Dist. v. B.L. and Kennedy v. Bremerton School District The new NCAA Constitution and governance structure, revised NCAA bylaws, transfer eligibility, NIL, agent interactions, and amendments to the NCAA’s enforcement and penalty structure, along with NCAA v. Alston An updated comment on concussions that includes recent cases, state legislation seeking to reduce the incidence of concussions, and settlements of concussion-related disputes between claimants and the NCAA, NFL, and NHL A streamlined coaching chapter including discussion of coaches’ involvement in the college admissions and basketball scandals and an updated coaching contract negotiation exercise Provisions of the NBA, WNBA, NFL, MLB, NHL, MLS, and NWSL collective bargaining agreements; updated league regulations regarding cannabis use; discussion of minor league baseball players’ unionization; and the 2019 revisions to the Uniform Athlete Agents Act and Williamson v. Prime Sports Mktg., LLC Revised Olympic and international sports law materials, including a recent CAS award interpreting the 2021 World Anti-Doping Code, a revised anti-doping problem, a CAS award regarding the legality of excluding Russian athletes from international sports events, and a Swiss Federal Tribunal case recognizing the independence of the CAS Anti-Doping Division Updated racial demographic data for coaching and administrative positions in collegiate and professional sport and discussion of coach Brian Flores’ historic racial discrimination lawsuit against the NFL and its clubs An updated gender equity chapter that includes new Title IX regulations, sexual orientation discrimination issues, the participation rights of transgender and intersex athletes and new Olympic and NCAA policies New commentary questioning the baseball rule as applied to absolve stadium owners of liability to spectators, and recent developments regarding the standards for assessing the liability of co-participants Professors and students will benefit from: Landmark historical cases and significant recent cases that reflect the current law regulating the sports industry Notes and Questions that suggest philosophical, sociological, psychological, and economic policy issues and themes Flexible organization that supports different teaching objectives, ranging from a focus on amateur sports to professional sports law Skill-building exercises in client counseling, negotiation, and contract drafting