LAW 3533 - Sports Law

North Terrace Campus - Semester 2 - 2017

In the last fifty years, sports law has emerged as one of the most important and controversial fields of law. As a discipline, sports law overlaps with contract law, employment law, competition law, intellectual property law, criminal law, tort law and many others. In addition, there are a number of legal issues which are specific to sport such as policy responses to doping and drug use, athlete behaviour and discipline, corruption, and selection processes. This course will examine a number of these areas and analyse the way in which sport and the law interact. The course will provide an overview of some of the unique legal issues which arise in modern elite and professional sports at a national and international level. Subjects covered may include: commercialisation of sport, national and international governance of sport and sporting organisations; employment and contract law issues relating to elite athletes; labour market controls and issues such as salary caps; disciplinary tribunals and the regulation of athlete behaviour; anti-doping policy and cases; restrictive trade practices; and civil/criminal liability for sporting injuries.

  • General Course Information
    Course Details
    Course Code LAW 3533
    Course Sports Law
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 2503, LAW 2504, LAW 1503, LAW 1502
    Course Description In the last fifty years, sports law has emerged as one of the most important and controversial fields of law. As a discipline, sports law overlaps with contract law, employment law, competition law, intellectual property law, criminal law, tort law and many others. In addition, there are a number of legal issues which are specific to sport such as policy responses to doping and drug use, athlete behaviour and discipline, corruption, and selection processes. This course will examine a number of these areas and analyse the way in which sport and the law interact. The course will provide an overview of some of the unique legal issues which arise in modern elite and professional sports at a national and international level. Subjects covered may include: commercialisation of sport, national and international governance of sport and sporting organisations; employment and contract law issues relating to elite athletes; labour market controls and issues such as salary caps; disciplinary tribunals and the regulation of athlete behaviour; anti-doping policy and cases; restrictive trade practices; and civil/criminal liability for sporting injuries.
    Course Staff

    Course Coordinator: Dr Mark Giancaspro

    Name: Dr Mark Giancaspro
    Location: Room 3.04, Ligertwood Building
    Telephone: (08) 8313 0879 (work)
    Email: mark.giancaspro@adelaide.edu.au
    Course Website: www.myuni.adelaide.edu.au
    Consultations: Appointments can be made (on short notice) by email or telephone, at a mutually convenient time.

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    Each week there will be a three-hour lecture broken up into two sessions. The first session will be two hours in duration and will be on Tuesdays, commencing at 12:00pm in the Napier G04 Lecture Theatre. The second session will be one hour in duration and will be on Fridays, commencing at 11:00am in the Napier G04 Lecture Theatre.

    The longer Tuesday session will be used flexibly and include presentations from guest speakers, visual media, group discussions and the like. The shorter Friday session will be the actual lecture for the week. The timetable will be staggered so that the lecture theme in one week is the practical session theme for the subsequent week. This ensures that students have had the advantage of attending the lecture and absorbing the relevant material for that week's theme prior to engaging with it on a deeper level in the practical sessions.

    The full timetable of all activities for this course can be accessed from the Course Planner

  • Learning Outcomes
    Course Learning Outcomes

    On successful completion of this course, students will be able to:

    1. Analyse the intermediate principles of sports law, undertake self-directed legal research at an intermediate level and evaluate complex legal information.
    2. Apply sports law to complex problems/issues, critique the operation of sports law from a theoretical policy/perspective, either individually or as part of a team.
    3. Structure and sustain concise and cohesive written and/or oral arguments for a legal, professional, general and mixed audience.
    4. Conduct legal research and analysis, and undertake practical legal tasks, both independently and cooperatively in a professional/academic environment.
    5. Analyse the impact and operation of sports law from policy, comparative, international and interdisciplinary perspectives.
    6. Reflect on their abilities to effectively undertake work as a member of a team.

    Sports Law
    affords valuable opportunities to study a diverse range of challenging theoretical and practical legal issues within an interesting and highly topical setting. The course should assist in developing legal knowledge and understanding of wide application.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    2
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • Learning Resources
    Required Resources

    The prescribed textbook for this course is David Thorpe et al, Sports Law (Oxford University Press, 2nd ed, 2013). The textbook will be supplemented by a reader with additional materials. All assigned readings will be stipulated in the Study Guide and Reading List.

    Recommended Resources

    A series of recommended readings and resources are provided for each learning week. These are outlined in the Study Guide and Reading List.

    Online Learning

    The MyUni course page for this course can be accessed at http://www.adelaide.edu.au/myuni/.

    Besides this Course Profile and the Study Guide, students can use MyUni to access copies of the PowerPoint slides used in lectures, recordings of lectures, assessment tasks and other course materials. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.

  • Learning & Teaching Activities
    Learning & Teaching Modes

    Students in this course are expected to attend all lectures throughout the semester.

    The lectures will offer an overview of the topics covered in the course, according to the schedule set out in 4.3 below. Each lecture will include opportunities for students to ask questions on the issues covered and engage in the discussion. At least one of the lecture sessions each week will be devoted to more practical activities which actively apply the knowledge gained in the lectures.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    For 3-unit courses, students are expected to devote an average of 12 hours per week to their studies in it, including classes. Students in this course are expected to attend all lectures throughout the semester.

    The assigned readings provide a context for the material covered in the lectures as well as the basis for discussions in the practical sessions.

    Copies of PowerPoint presentation slides used in the lectures will be made available on MyUni ahead of each lecture. These provide a basic outline of the points covered, though they should not be seen as a substitute for attendance or for the assigned readings. Some students may find it useful to print the slides out in advance of the relevant lectures and use them as a basis for taking notes.

    The lectures are intended to provide an overview of the relevant themes and principles and to put them into context. They are not meant to tell students everything they need to know, but to serve as a guide for their own study. That study should involve, at the very least, reading through the material in the Study Guide and any other directed readings, and participation in all other assigned activities.

    Learning Activities Summary

    LAW 3533 Sports Law

    Semester 2, 2017

    Week

    Dates

    Topic

    1

    July 24-28

    History of Sports in Australia

     

    2

    Jul 31-Aug 4

    Governance of Sport, and Judicial Review of Private Sporting Body Decisions

     

    3

    Aug 7-11

     

    The Commercialisation of Sport

    4

    Aug 14-18

     

    Drugs and Doping in Sport

     

    5

    Aug 21-25

     

    Alcohol, Gambling and Corruption in Sport

     

    6

    Aug 28-Sep 1

    Behavioural Issues – When Athletes Misbehave

     

    7

    Sep 4-8

    Legal Liability for Sporting Injuries and Violence

     

    8

    Sep 11-15

     Discrimination in Sport

    MSB

    Sep 18-22

    NO LECTURES

     

    MSB

    Sep 25-29

    NO LECTURES

     

    9

    Oct 2-6

    Athletes, Image and Intellectual Property

     

    10

    Oct 9-13

    Trade and Competition in Sport

     

    11

    Oct 16-20

    Sport as ‘Work’: Player Contracts and Agency

     

    12

    Oct 23-27

    Animals in Sport

     

    SWOT

    Oct 30-Nov 3

     NO LECTURES

     

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessment item

    % of final mark

    Length

    Due date      

    Individual or Group 

    Redeemable

    Learning outcomes

    Letter to the Editor

    10

    1000 words

    01/09/2017

    Individual

    No

    1-6

    Case Judgment

    30

    1500 words

    03/10/2017

    Group

    No

    2-5

    Essay

    60

    3000 words

    10/11/2017

    Individual

    No

    1-5

    Assessment Related Requirements

    Each piece of assessment is compulsory. None of the assessment is redeemable.

    Assessment Detail
    1. Letter to the Editor (10%)

    Release Date: The Letter to the Editor task sheet will be released at 9:00am on Friday 18 August 2017 via the relevant link on MyUni.
    Due Date: The Letter to the Editor must be submitted by 2:00pm on Friday 1 September 2017.
    Details: This exercise will require students to write a ‘letter to the editor’ addressing issues drawn from the topics covered in Weeks 1-4. Further instructions regarding the exercise will be contained in the task sheet.
    Word Limit: 1000 words.

    2. Case Judgment (30%)

    Release Date: The Case Judgment task sheet will be released at 2:00pm on Thursday 7 September 2017.
    Due Date: The Case Judgment must be submitted by 2:00pm on Tuesday 3 October 2017.
    Details: This exercise will require students to work in groups to write a legal judgment summarising the relevant legal arguments and principles and delivering a joint verdict in response to a scenario presented to them in class. The Case Judgment must be submitted via the Turnitin submission box on MyUni. Further instructions regarding the Case Judgment will be contained in the task sheet.
    Word Limit: 1500 words.

    3. Essay (60%)

    Release Date: The Essay will be released at 9:00am on Friday 13 October 2017.
    Due Date: The Essay must be submitted by 2:00pm on Friday 10 November 2017.
    Details: This exercise will require students to select one of series of provided essay questions pertaining to various topics explored throughout the course. The Essay must be submitted via the Turnitin submission box on MyUni. Further instructions regarding the Essay will be contained in the task sheet.
    Word Limit: 2500 words.
    Submission
    1. Students must retain a copy of all assignments submitted.
    2. The assignment must be submitted via 'Turn-It-In' on MyUni. Details for electronic submission through Turnitin will be provided with the assignment instructions. By submitting your assignment you are agreeing to the following:
      1. I declare that all material in this assessment is my own work except where there is clear acknowledgement and reference to the work of others. I have read the Policy on Cheating in Examinations and Related Forms of Assessment. I have also read the University's Plagiarism Policy.
      2. I give permission for my assessment work to be reproduced and submitted to other academic staff for the purposes of assessment and to be copied, submitted and retained in a form suitable for electronic checking of plagiarism.
    3. Late Submission: Where an assignment is submitted after the due date and without an extension, penalties of 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay graded 63% will have 5% deducted if it is one hour late, for a final grade of 58%, 10% if it is 25 hours late, etc.  This penalty may be increased where the assignment is to be completed in a period of less than a week. 
    4. Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (i.e. with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information, separate bibliography or list of sources. Quotations and all referencing information are included in the word count. If the word limit is seriously misstated, this may be regarded as academic dishonesty.
    5. Extensions: Requests for extensions must be made using the appropriate 'Assessment Task Extension' form available on Unified. Extensions will be granted only for unexpected illness, hardship or on compassionate grounds in accordance with University Policy. Work commitments, travel, holidays or sporting engagements are not unexpected circumstances.
    1. Style of written work: All written work in the Law school is required to comply with the most recent edition of the approved Law School style guide, the Australian Guide to Legal Citation.
    2. Turnaround time: All written works for this course will be returned to students within 3-4 weeks of the submission date, depending on the size of each assessment piece. Written individual feedback will be provided on each paper.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

    Approval of Results by Board of Examiners
    Students are reminded that all assessment results are subject to approval (and possible  moderation/change) by the Law School’s Board of Examiners. Assessment  results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is  required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Acess Adelaide at the end of each semester.
  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

    Students will be encouraged to participate in the SELT survey, as an opportunity to provide feedback to the teaching staff in relation to the course.
  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

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