My main research interests are focused on sport and the law and the law and popular culture. My research in this area began with my examinations of professional rugby and ice hockey players' attitudes towards the use of the law when they were injured by another participant. From this starting point, I have gone on to examine the legality of Football Banning Orders as used to control football-related disorder and ticket touting at both sports and music events.
"One of the most common questions asked of anyone working in this area is, ‘What is sports law?’ ... more "One of the most common questions asked of anyone working in this area is, ‘What is sports law?’ To answer this question requires an analysis of how and why the law has become involved in sports disputes and an examination of whether there are any underlying themes or theories that link the disparate legal interventions under discussion into a coherent subject. In an emergent and fast-moving subject such as this, it is easy to compartmentalise disputes into more traditional legal categories such as sports torts, sports crimes, commercial and competition law cases. The challenge for the sports lawyer is to explain what is so special about sport and why it is important that it is, on many occasions, treated differently by the law.
The aim of this book is to introduce readers to the challenges and controversies facing sport and the law when they interact with each other. It will explain how sport has evolved to take account of the requirements imposed on it by the law and how the law has provided sport with the legal tools necessary to govern itself effectively and resolve the many and varied disputes to which it can give rise. By its very nature, sports law requires an examination of the operation of the law in a specific context and as a result draws on issues and disputes from across a range of legal disciplines. These disparate strands are brought together here to provide a coherent insight into sports law and its location within the undergraduate curriculum."
This article analyses the appropriateness of extending the criminal law to breaches of contract, ... more This article analyses the appropriateness of extending the criminal law to breaches of contract, focusing upon ticket touting in the context of sporting events and its legality under the current law. Using international Test Matches organised by the Rugby Football Union and the games played at Rugby World Cup 2015 (RWC 2015) as case studies, it examines whether the current football-specific provisions of the criminal law should be extended to other major sports and sporting events hosted in the UK. A nuanced definition of "ticket touting" is introduced, the justifications for the current prohibitions analysed, and the appropriateness of further criminalising such activity considered. The article illustrates that whilst the criminal law is one possible mechanism to tackle this activity, a broader approach to regulation of the secondary market is required that takes account of the needs of event organisers as well as sports fans.
The policing of football supporters in the UK is resource-intensive and expensive, with football ... more The policing of football supporters in the UK is resource-intensive and expensive, with football crowds seen by many forces as inherently prone to misbehaviour, disorder and violence. As a result they are regularly subjected to high-profile, heavy-handed and intrusive policing strategies that are often designed with the imposition of a civil �banning order� on supposed �risk supporters� in mind. This article analyses underlying assumptions about the nature and risk of football crowds and, drawing comparisons with the ways in which political protests are policed and applying jurisprudence from a series of high-profile protest cases, questions the legality of dominant policing approaches to football crowds under both English public law principles and the European Convention on Human Rights. It concludes by proposing how strategies could be developed in a way that both protects the public and the rights of supporters who may on occasion associate with those suspected of engagin...
Discussion of the application of the IOC's rules on endorsement by Olympic athletes, in light... more Discussion of the application of the IOC's rules on endorsement by Olympic athletes, in light of the Sochi 2014 Games.
Discussion of potential ambush marketing of Sochi2014 and the Principle 6 campaign that highlight... more Discussion of potential ambush marketing of Sochi2014 and the Principle 6 campaign that highlights the tensions between the Olympic Charter and discriminatory domestic legislation.
In the months prior to the 2006 FIFA World Cup in Germany, the government funded a number of targ... more In the months prior to the 2006 FIFA World Cup in Germany, the government funded a number of targeted policing operations aimed at securing Football Banning Orders against known or suspected football hooligans. This article is based on court observations and associated interviews carried out in early 2006 in and around Manchester. It evaluates the application process, the legal tests applied and the quality of the evidence relied on by courts when determining whether the imposition of a Football Banning Order is necessary to prevent future football-related disorder being committed by the respondent. In particular, the analysis focuses on whether the use of a civil procedure can continue to be justified in the light of the punitive length of and conditions attached to these Orders, whether the correct standard of proof is being applied by the court at all stages of the application and whether policing tactics are focused too narrowly on the securing of Football Banning Orders.
Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the bro... more Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the broader social function of sport should not be overlooked. There are myriad examples of this, particularly at the European Union level. The social role of sport is specifically ...
London 2012 promises many things.1 It is of course a truism that each edition of the Olympic Game... more London 2012 promises many things.1 It is of course a truism that each edition of the Olympic Games promises to be an unrivalled sporting and cultural spectacle that is a genuinely global mega-event with unequalled penetration.2 At the same time, a central tenet of the rhetoric used in Candidate Cities’ bid documentation when trying to secure the hosting of the Games has focused upon a number of key, though less global, themes, many of which have revolved around the issue of legacy. Legacy has become a somewhat overused term, or in the words of the London Assembly’s tautology, a ‘hackneyed cliche’;3 however, Olympic bid narratives are riddled with such references. One of the key legacy issues in the London bid was that hosting the Games would improve sporting participation rates, with the Chairman of the London Organising Committee Lord Coe acknowledging that this claim was fundamental to the success of the bid. Further, the aim of creating a grassroots sporting legacy for Londoners through the provision of a vastly improved capital and coaching infrastructure has been specifically acknowledged and supported by the Mayor of London.4
Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the bro... more Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the broader social function of sport should not be overlooked. There are myriad examples of this, particularly at the European Union level. The social role of sport is specifically ...
"One of the most common questions asked of anyone working in this area is, ‘What is sports law?’ ... more "One of the most common questions asked of anyone working in this area is, ‘What is sports law?’ To answer this question requires an analysis of how and why the law has become involved in sports disputes and an examination of whether there are any underlying themes or theories that link the disparate legal interventions under discussion into a coherent subject. In an emergent and fast-moving subject such as this, it is easy to compartmentalise disputes into more traditional legal categories such as sports torts, sports crimes, commercial and competition law cases. The challenge for the sports lawyer is to explain what is so special about sport and why it is important that it is, on many occasions, treated differently by the law.
The aim of this book is to introduce readers to the challenges and controversies facing sport and the law when they interact with each other. It will explain how sport has evolved to take account of the requirements imposed on it by the law and how the law has provided sport with the legal tools necessary to govern itself effectively and resolve the many and varied disputes to which it can give rise. By its very nature, sports law requires an examination of the operation of the law in a specific context and as a result draws on issues and disputes from across a range of legal disciplines. These disparate strands are brought together here to provide a coherent insight into sports law and its location within the undergraduate curriculum."
This article analyses the appropriateness of extending the criminal law to breaches of contract, ... more This article analyses the appropriateness of extending the criminal law to breaches of contract, focusing upon ticket touting in the context of sporting events and its legality under the current law. Using international Test Matches organised by the Rugby Football Union and the games played at Rugby World Cup 2015 (RWC 2015) as case studies, it examines whether the current football-specific provisions of the criminal law should be extended to other major sports and sporting events hosted in the UK. A nuanced definition of "ticket touting" is introduced, the justifications for the current prohibitions analysed, and the appropriateness of further criminalising such activity considered. The article illustrates that whilst the criminal law is one possible mechanism to tackle this activity, a broader approach to regulation of the secondary market is required that takes account of the needs of event organisers as well as sports fans.
The policing of football supporters in the UK is resource-intensive and expensive, with football ... more The policing of football supporters in the UK is resource-intensive and expensive, with football crowds seen by many forces as inherently prone to misbehaviour, disorder and violence. As a result they are regularly subjected to high-profile, heavy-handed and intrusive policing strategies that are often designed with the imposition of a civil �banning order� on supposed �risk supporters� in mind. This article analyses underlying assumptions about the nature and risk of football crowds and, drawing comparisons with the ways in which political protests are policed and applying jurisprudence from a series of high-profile protest cases, questions the legality of dominant policing approaches to football crowds under both English public law principles and the European Convention on Human Rights. It concludes by proposing how strategies could be developed in a way that both protects the public and the rights of supporters who may on occasion associate with those suspected of engagin...
Discussion of the application of the IOC's rules on endorsement by Olympic athletes, in light... more Discussion of the application of the IOC's rules on endorsement by Olympic athletes, in light of the Sochi 2014 Games.
Discussion of potential ambush marketing of Sochi2014 and the Principle 6 campaign that highlight... more Discussion of potential ambush marketing of Sochi2014 and the Principle 6 campaign that highlights the tensions between the Olympic Charter and discriminatory domestic legislation.
In the months prior to the 2006 FIFA World Cup in Germany, the government funded a number of targ... more In the months prior to the 2006 FIFA World Cup in Germany, the government funded a number of targeted policing operations aimed at securing Football Banning Orders against known or suspected football hooligans. This article is based on court observations and associated interviews carried out in early 2006 in and around Manchester. It evaluates the application process, the legal tests applied and the quality of the evidence relied on by courts when determining whether the imposition of a Football Banning Order is necessary to prevent future football-related disorder being committed by the respondent. In particular, the analysis focuses on whether the use of a civil procedure can continue to be justified in the light of the punitive length of and conditions attached to these Orders, whether the correct standard of proof is being applied by the court at all stages of the application and whether policing tactics are focused too narrowly on the securing of Football Banning Orders.
Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the bro... more Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the broader social function of sport should not be overlooked. There are myriad examples of this, particularly at the European Union level. The social role of sport is specifically ...
London 2012 promises many things.1 It is of course a truism that each edition of the Olympic Game... more London 2012 promises many things.1 It is of course a truism that each edition of the Olympic Games promises to be an unrivalled sporting and cultural spectacle that is a genuinely global mega-event with unequalled penetration.2 At the same time, a central tenet of the rhetoric used in Candidate Cities’ bid documentation when trying to secure the hosting of the Games has focused upon a number of key, though less global, themes, many of which have revolved around the issue of legacy. Legacy has become a somewhat overused term, or in the words of the London Assembly’s tautology, a ‘hackneyed cliche’;3 however, Olympic bid narratives are riddled with such references. One of the key legacy issues in the London bid was that hosting the Games would improve sporting participation rates, with the Chairman of the London Organising Committee Lord Coe acknowledging that this claim was fundamental to the success of the bid. Further, the aim of creating a grassroots sporting legacy for Londoners through the provision of a vastly improved capital and coaching infrastructure has been specifically acknowledged and supported by the Mayor of London.4
Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the bro... more Abstract: Whilst sport is increasingly seen by many in terms of its commercial potential, the broader social function of sport should not be overlooked. There are myriad examples of this, particularly at the European Union level. The social role of sport is specifically ...
Lecture given to the DMU/BASL Autumn Conference on how the Glasgow 2014 OC can optimise the use o... more Lecture given to the DMU/BASL Autumn Conference on how the Glasgow 2014 OC can optimise the use of its anti-ambush marketing powers.
This paper was delivered at the Leeds Metropolitan University/British Association of Sport and La... more This paper was delivered at the Leeds Metropolitan University/British Association of Sport and Law mini-conference.
This lecture was given to students on the ISDE Internatial Sports Law Masters at Woolfson College... more This lecture was given to students on the ISDE Internatial Sports Law Masters at Woolfson College, Cambridge. It gives an overview of the UK's Olympic legislation and highlights some of the more controversial ways that it might operate to protect the commercial rights of LOCOG and the IOC
An explanation of how football banning orders operate and the ways that their imposition can be c... more An explanation of how football banning orders operate and the ways that their imposition can be challenged.
This paper examined the application of section 14B Football Spectators Act 1989, which enables th... more This paper examined the application of section 14B Football Spectators Act 1989, which enables the chief officer of police for an area, or the DPP, to apply for a football banning order against supporters suspected of being involved with football related disorder. In particular, it focussed on the poor quality of evidence often relied on by the police in order to secure an order against a suspected 'risk supporter' and the use of the wrong standard of proof by some judges before whom these applications are being heard. Shami Chakrabarti, Director of Liberty, gave a paper on the same panel highlighting the human rights implications of this provision.
For further information on this issue, see my paper, 'Football Banning Orders: analysing their use in court.
Since the introduction of its forerunner, the Exclusion Order, in the Public Order Act 1986, the ... more Since the introduction of its forerunner, the Exclusion Order, in the Public Order Act 1986, the Football Banning Orders (FBO) has played and increasingly important and high profile role in the police’s strategy for regulating football-related disorder. The key development in the usefulness of FBOs to the police was the introduction of s.14B Football Spectators Act. This provision enabled the chief officer of police of an area where a person lives to apply for an FBO to prevent them from attending all regulated football matches in England and Wales and all games taking place abroad that involved the England national team and the team supported by the banned person; previously, FBOs could only be imposed following a conviction for a football related offence.
In the run up to the FIFA World Cup 2006 in Germany, the police made a concerted effort to apply for FBOs under s.14B to prevent all suspected football hooligans from travelling to the tournament. The perceived success of this strategy is likely to see it being repeated in the months before the World Cup in South Africa next year. This paper analyses the legality of imposing a FBO on a person who is only suspected of involvement in football-related disorder and questions their use as a tactic for controlling football hooliganism.
Reading
James, M and Pearson, G ‘The Legality and Effectiveness of Using Football Banning Orders in the Fight Against Racism and Violence at Sports Events’ in Gardiner, S., Parrish, R and Siekmann, R(Eds) EU, Sport, Law and Policy: Regulation, Re-Regulation and Representation (2009 TMC Asser Press) pp. 535-555
James, M and Pearson, G ‘Football Banning Orders: Analysing their use in Court’ (2006) 70(6) Journal of Criminal Law 509
Pearson, G ‘Qualifying for Europe? The Legitimacy of Football Banning Orders ‘On Complaint’ under the Principle of Proportionality’ (2005) 3(1) Entertainment and Sports Law Journal online
Biography
Dr Mark James Mark is a Reader in Law at Salford Law School and the Director of the Salford Centre of Legal Research. He has published widely on the law relating to sports injuries and the regulation of spectators. He is a founding editor of the Entertainment and Sports Law Journal and has recently competed writing a textbook, Sports Law, for the Palgrave Law Masters series. He is currently working on an analysis of the jurisprudence surrounding personal autonomy and risk taking and is conducting an ongoing investigation of the regulation of ticket touting at sport and entertainment events with Prof Guy Osborn of the University of Westminster.
Uploads
Books by Mark James
The aim of this book is to introduce readers to the challenges and controversies facing sport and the law when they interact with each other. It will explain how sport has evolved to take account of the requirements imposed on it by the law and how the law has provided sport with the legal tools necessary to govern itself effectively and resolve the many and varied disputes to which it can give rise. By its very nature, sports law requires an examination of the operation of the law in a specific context and as a result draws on issues and disputes from across a range of legal disciplines. These disparate strands are brought together here to provide a coherent insight into sports law and its location within the undergraduate curriculum."
Review:
http://www.studentlawjournal.com/reviews/sport/9781137026446.htm
Papers by Mark James
The aim of this book is to introduce readers to the challenges and controversies facing sport and the law when they interact with each other. It will explain how sport has evolved to take account of the requirements imposed on it by the law and how the law has provided sport with the legal tools necessary to govern itself effectively and resolve the many and varied disputes to which it can give rise. By its very nature, sports law requires an examination of the operation of the law in a specific context and as a result draws on issues and disputes from across a range of legal disciplines. These disparate strands are brought together here to provide a coherent insight into sports law and its location within the undergraduate curriculum."
Review:
http://www.studentlawjournal.com/reviews/sport/9781137026446.htm
For further information on this issue, see my paper, 'Football Banning Orders: analysing their use in court.
In the run up to the FIFA World Cup 2006 in Germany, the police made a concerted effort to apply for FBOs under s.14B to prevent all suspected football hooligans from travelling to the tournament. The perceived success of this strategy is likely to see it being repeated in the months before the World Cup in South Africa next year. This paper analyses the legality of imposing a FBO on a person who is only suspected of involvement in football-related disorder and questions their use as a tactic for controlling football hooliganism.
Reading
James, M and Pearson, G ‘The Legality and Effectiveness of Using Football Banning Orders in the Fight Against Racism and Violence at Sports Events’ in Gardiner, S., Parrish, R and Siekmann, R(Eds) EU, Sport, Law and Policy: Regulation, Re-Regulation and Representation (2009 TMC Asser Press) pp. 535-555
James, M and Pearson, G ‘Football Banning Orders: Analysing their use in Court’ (2006) 70(6) Journal of Criminal Law 509
Pearson, G ‘Qualifying for Europe? The Legitimacy of Football Banning Orders ‘On Complaint’ under the Principle of Proportionality’ (2005) 3(1) Entertainment and Sports Law Journal online
Biography
Dr Mark James Mark is a Reader in Law at Salford Law School and the Director of the Salford Centre of Legal Research. He has published widely on the law relating to sports injuries and the regulation of spectators. He is a founding editor of the Entertainment and Sports Law Journal and has recently competed writing a textbook, Sports Law, for the Palgrave Law Masters series. He is currently working on an analysis of the jurisprudence surrounding personal autonomy and risk taking and is conducting an ongoing investigation of the regulation of ticket touting at sport and entertainment events with Prof Guy Osborn of the University of Westminster.