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DAVID THORPE ANTONIO BUTI CHRIS DAVIES SAUL FRIDMAN PAUL JONSON SECOND EDITION OXFORD UNIVERSITY PRESS AUSTRAUA & NEW ZEAlAND OXFORD UNIVERSITY PRESS Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trademark of Oxford University Press in the UK and in certain other countries. Published in Australia by Oxford University Press 253 Normanby Road, South Melbourne, Victoria 3205, Australia © David Thorpe, Antonio Buti, Chris Davies, Saul Fridman and Paul Jonson 2013 The moral rights of the authors have been asserted. First published 2009 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence, or under terms agreed with the appropriate reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above. You must not circulate this work in any other form and you must impose tlllS same condition on any acquirer. National Library of Australia Cataloguing-in-Publication data Author: Thorpe, David Edward, author. Title: Sports law / David Thorpe; Antonio Buti; Chris Davies; Saul Fridman; Paul Jonson. Edition: 2nd edn. ISBN: 9780195518528 (paperback) Notes: Includes index. Subjects: Sports-Law and legislation-Australia. Other Authors/Contributors: Buti, Antonio, author. Davies, Chris, author. Fridman, Saul, 1960-, author. Jonson, Paul, author. Dewey Number: 344.94099 Reproduction and communication for educational purposes The Australian Copyright Act 1968 (the Act) allows a maximum of one chapter or 10% of the pages of this work, whichever is the greater, to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act. For details of the CAL licence for educational institutions contact: Copyright Agency Limited Level 15, 233 Castlereagh Street Sydney NSW 2000 Telephone: (02) 9394 7600 Facsimile: (02) 9394 7601 Email: info@copyright.com.au Edited by Trischa Baker Cover design by Studio Pounce Cover image: IstockphotojMichael Krinkle Text design by Leigh Ashforth 'TYPeset by diacriTech, Chennai, India Proofread by Carolyn Leslie AE Indexed by Glenda Browne Tables by Jon Jermey Printed by Sheck Wah Tong Printing Press Ltd Links to third party websites al"e provided by Oxford in good faith and for i�nmmo n only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work. FOREWORD I began the foreword of the first edition of Sports Law with a quote that is ali the more relevant in today's sporting environment, and so I once again adopt it: Sport is an order of chivalry, a code of ethics and aesthetics, recruiting its members from all classes and all peoples. Sport is a truce: in an era of antagonism and conflicts it is the respite of the gods in which fair competition ends in respect and friendship. Sport is education, the truest kind of education, that of character. Sport is culture because it creates beauty and, above all, for those who have the least opportunity to feast on it. Rene Maheu, Director General of UNESCO It is most unusual to have the five leading scholars in a field of study cooperate on a text for publication. That is what makes this second edition of Sports Law so important and so relevant in today's sporting, competitive environment. The text has not only the necessary outline of the history of the development of this 'lex specialis' (now referred to as a 'lex sportiva'), along with an outline of the present legal organisational structure governing sport, but within each chapter a comprehensive analysis of a developing jurisprudence for sport. This body of jurisprudence, known as sports law, has developed quickly-a reflection of the professionalisation of sport as well as the associated sponsorship and monetary rewards now available to our sporting elite. This text is not only academically excellent; it is most readable. The legal analysis reveals the great intelligence and collective scholarship of the writers. The book's design is clever and so will prove useful to both the scholar-be it writer, lecturer or student-and the legal practitioner. Each chapter begins with an overview of the content addressed and then an introduction, both of which assist in legal research. The top

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