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1
Khoo, Teng Guan. "A critical comparative analysis of racial integration laws and its impact on professional team sports." Thesis, Anglia Ruskin University, 2011. http://arro.anglia.ac.uk/211744/.
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The following research aims to examine the interaction of law, either hard law (legislation) or soft law (governing body regulation), on achieving a balance between racial equality and success in sport. Nearly all national jurisdictions have legislated to some degree in an attempt to affect equality or equality of opportunity for its citizens. This might be based on achieving equality of opportunity or by means of affirmative action. The research aim is to ascertain how far racial discrimination laws have positive or negative impacts on the success of sports in different countries. The research also has a series of supplementary objectives: to ascertain and consider critically the extent to which the law in various jurisdictions (Malaysia, South Africa, England and the United States) has been used to promote equality; to develop a sequential model to describe general trends to predict the influence of affirmative action and equal opportunity legislation upon the potential success of countries’ sporting achievements; to review tensions inherent in reconciling the equality of citizens at a national level and their impacts upon the international sporting success of that nation; to establish a correlative relationship between the types of anti-discrimination law within nations and the impact of these upon the degree of international sporting success of those nations. The research conducted concentrates primarily on qualitative methods by first adopting a doctrinal approach in a comparative legal study of four jurisdictions (Malaysia, South Africa, England and the United States). A non-doctrinal approach is then adopted and a qualitative intrinsic case study completed, including interviews concerning the subject area. Thus, the research has used multi-method qualitative approaches. The research indicated different anti-discrimination approaches taken in achieving equality. This can be typified by countries such as the United States or England based primarily on meritocracy and countries such as South Africa and Malaysia based primarily on preferential treatment. There is evidence to suggest that these approaches do have a certain correlation, albeit not similar in the outcome of achieving equality for selection. From the evidence presented, the overall study illustrates that racial discrimination laws in the four jurisdictions produced a mixed outcome in relation to the success of professional team sports. Specifically, England and the United States witnessed a positive impact in terms of achieving international success in sports even though there are inherent difficulties in reconciling the equality of citizens at a national level. For Malaysia and South Africa, the result tends to be positive in general at this stage although it is equally recognised that this approach might result in some negative impacts in the long run. The research however is subject to certain limitations which are outside the scope of this thesis, but it is recognised that these might affect the overall success of professional team sports within those countries.
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Khoo, Teng Guan. "A critical comparative analysis of racial integration laws and its impact on professional team sports." Thesis, Anglia Ruskin University, 2011. https://arro.anglia.ac.uk/id/eprint/211744/1/Khoo_Thesis_2011.pdf.
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The following research aims to examine the interaction of law, either hard law (legislation) or soft law (governing body regulation), on achieving a balance between racial equality and success in sport. Nearly all national jurisdictions have legislated to some degree in an attempt to affect equality or equality of opportunity for its citizens. This might be based on achieving equality of opportunity or by means of affirmative action. The research aim is to ascertain how far racial discrimination laws have positive or negative impacts on the success of sports in different countries. The research also has a series of supplementary objectives:
to ascertain and consider critically the extent to which the law in various jurisdictions (Malaysia, South Africa, England and the United States) has been used to promote equality; to develop a sequential model to describe general trends to predict the influence of affirmative action and equal opportunity legislation upon the potential success of countries’ sporting achievements; to review tensions inherent in reconciling the equality of citizens at a national level and their impacts upon the international sporting success of that nation; to establish a correlative relationship between the types of anti-discrimination law within nations and the impact of these upon the degree of international sporting success of those nations. The research conducted concentrates primarily on qualitative methods by first adopting a doctrinal approach in a comparative legal study of four jurisdictions (Malaysia, South Africa, England and the United States). A non-doctrinal approach is then adopted and a qualitative intrinsic case study completed, including interviews concerning the subject area. Thus, the research has used multi-method qualitative approaches. The research indicated different anti-discrimination approaches taken in achieving equality. This can be typified by countries such as the United States or England based primarily on meritocracy and countries such as South Africa and Malaysia based primarily on preferential treatment. There is evidence to suggest that these approaches do have a certain correlation, albeit not similar in the outcome of achieving equality for selection. From the evidence presented, the overall study illustrates that racial discrimination laws in the four jurisdictions produced a mixed outcome in relation to the success of professional team sports. Specifically, England and the United States witnessed a positive impact in terms of achieving international success in sports even though there are inherent difficulties in reconciling the equality of citizens at a national level. For Malaysia and South Africa, the result tends to be positive in general at this stage although it is equally recognised that this approach might result in some negative impacts in the long run. The research however is subject to certain limitations which are outside the scope of this thesis, but it is recognised that these might affect the overall success of professional team sports within those countries.
3
Sanchez, Paul. "Coming of Age: A Look at Minimum Age Requirements in Professional Sports." Honors in the Major Thesis, University of Central Florida, 2005. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/802.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucfBachelors
Health and Public Affairs
Legal Studies
4
Lazic, Marina. "An uneven playing field? : a competition law analysis of salary caps in professional sports." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-140692.
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Popejoy, Amy Lynnette. "Digital and multimedia forensics justified| An appraisal on professional policy and legislation." Thesis, University of Colorado at Denver, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1598313.
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Recent progress in professional policy and legislation at the federal level in the field of forensic science constructs a transformation of new outcomes for future experts. An exploratory and descriptive qualitative methodology was used to critique and examine Digital and Multimedia Science (DMS) as a justified forensic discipline. Chapter I summarizes Recommendations 1, 2, and 10 of the National Academy of Sciences (NAS) Report 2009 regarding disparities and challenges facing the forensic science community. Chapter I also delivers the overall foundation and framework of this thesis, specifically how it relates to DMS. Chapter II expands on Recommendation 1: “The Promotion and Development of Forensic Science,” and focuses chronologically on professional policy and legislative advances through 2014. Chapter III addresses Recommendation 2: “The Standardization of Terminology in Reporting and Testimony,” and the issues of legal language and terminology, model laboratory reports, and expert testimony concerning DMS case law. Chapter IV analyzes Recommendation 10: “Insufficient Education and Training,” identifying legal awareness for the digital and multimedia examiner to understand the role of the expert witness, the attorney, the judge and the admission of forensic science evidence in litigation in our criminal justice system. Finally, Chapter V studies three DME specific laboratories at the Texas state, county, and city level, concentrating on current practice and procedure.
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Hawkins, Richard D. "Injuries in professional football : identification of aetiological factors." Thesis, Loughborough University, 1998. https://dspace.lboro.ac.uk/2134/7520.
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UK health and safety legislation aims to protect employees from injury at work; professional footballers as employees are therefore covered by this legislation. A risk assessment approach to health and safety issues, as required by the Management of Health and Safety at Work Regulations 1992, has been undertaken to establish the epidemiological and aetiological factors related to injuries in professional football and to identify management and training procedures to reduce the incidence and severity of injuries. Issues of injury frequency and causation during the period 1994 to 1997 were addressed through two routes. First, during the 1994 World Cup Finals, 1996 European Championships, and 1994 to 1997 English league seasons via match analysis. Second, player injuries at four professional football league clubs were recorded by the club physiotherapist. These results provided complementary evidence showing an overall injury rate of 8.5/1000 playing hours, injury rates during training and matches being 3.5/1000 and 27.7/1000 playing hours, respectively. Two thirds of the injuries occurred during competitive match play, the remainder during training, the highest incidences of match and training injuries taking place during the first month of the playing season (P
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Roberts, Tanya. "The zero-rating of certain professional services in terms of the Value-Added Tax Act." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1021006.
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The third sphere of government (Local Government) has been persistently clouded by unfavourable Annual Financial Statement (AFS) audit reports. This results in local government losing credibility and its stakeholders losing confidence in the institutions or municipalities. In-depth analysis of the root cause of this dilemma is an opportunity for the municipality to reorganise its house and redeem its dignity and credibility to its stakeholders through addressing the identified challenges. The importance of the study can be attributed to the need to investigate the root causes of unfavourable audit opinion and recommend possible remedies that can assist municipalities to improve their audit report outcomes which in turn will improve the confidence of its stakeholders. The primary objective of the study was to investigate variables that impact on the audit report outcomes on annual financial statements of the municipalities that are within Alfred Nzo District (AND) Jurisdiction, including Alfred Nzo District Municipality (ANDM). This was achieved through investigating the root causes of the audit report outcomes with specific focus on the relationship that exists between the management role and audit outcomes of the Alfred Nzo District Municipalities. This was measured by the municipality’s leadership, governance, internal controls and human capital management. Convenient sampling was used wherein 150 questionnaires (30 per municipality) were sent out to the selected employees in all the municipalities in the Alfred Nzo District. Out of the questionnaires that were sent out, 103 responses were received. These were analysed to draw findings, conclusion and recommendations. The empirical results of the study revealed that there is strong evidence that leadership, governance and human capital management have a positive influence on the municipality’s AFS audit report outcomes. It also revealed that there is overwhelming evidence that internal controls have a positive influence on the municipality’s AFS audit report outcomes. The study recommends how leadership, governance, internal controls and human capital management must be improved. It also provides future research recommendations to improve this study.
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Huntly, Colin T. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory /." Access via Murdoch University Digital Theses Project, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.
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Стеблянко, Аліна Володимирівна, Алина Владимировна Стеблянко, Alina Volodymyrivna Steblianko, Тетяна Миколаївна Чурилова, Татьяна Николаевна Чурилова, and Tetiana Mykolaivna Churylova. "Cпортивне право в Україні: проблеми, перспективи." Thesis, Сумський державний університет, 2020. https://essuir.sumdu.edu.ua/handle/123456789/79086.
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Спорт як соціальне явище впливає на різні сфери суспільства, тому в багатьох країнах світу спостерігається стрімкий розвиток спортивного права. Україна не є винятком. Проте у зв’язку з тим, що спортивне право є відносно новим явищем, існують проблеми, що гальмують його розвиток і не сприяють становленню спортивного права як комплексної галузі права в системі права України. Зокрема, існують суперечки щодо того, які саме відносини входять в предмет спортивного права: у сфері фізичної культури, в області спорту або ж тільки професійного спорту. Тобто ставиться питання, на скільки зазначені суспільні відносини широкі. Одна з точок зору ґрунтується на співвідношенні понять фізична культура і спорт, а саме входження останнього до першого, і, відповідно, вважається, що в якості предмета потрібно розглядати суспільні відносини в широкому сенсі: і спорт, і фізична культура входять в предмет. Інша точка зору протилежна. Деякі автори вважають, що до предмету спортивно-правового регулювання відносяться тільки професійні спортивні відносини [1, с. 142-143]. Неможливість однозначного виділення відносин, які входять до предмету спортивного права, породжує суперечки щодо місця спортивного права в національній правовій системі, призводить до неможливості окреслення обсягів регулювання сфери спорту, що і перешкоджає розвитку та становленню спортивного права. Однак ми переконані в існуванні предмета правового регулювання спортивного права, а питання однозначного окреслення відносин – є питанням часу.
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au, chuntly@parliament wa gov, and Colin Thomas Huntly. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory." Murdoch University, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.
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Common lawyers are notoriously suspicious of legal theory. This is exemplified by the dearth of theoretical content in Australian corporate law debate. If the first sin of legal theory is to presume that it can offer a blueprint for actual decision-making and be a substitute for judicial and lawyerly wisdom, then surely it is an equal transgression to profess that judicial and lawyerly wisdom can for long elude criticism without a sound theoretical basis.
Reasoning by analogy is commonplace. This is as true in legal reasoning as in any other discipline. Indeed, it has been suggested that in the Australian legal context analogical reasoning is the very same judicial and lawyerly wisdom referred to above. In order to determine whether there is a true analogy, a number of legal scholars have suggested that a variety of potential known source analogues should be carefully analysed for their potential relevance to a less familiar target analogue lest an inapt analogy should lead one into error.
The modern trading company is widely regarded as an apt source analogue for resolving jurisprudential issues involving incorporated associations and societies. However the basis upon which this assertion is made has never been adequately elucidated. This thesis tests the hypothesis that the modern trading company is the most apt source analogue for developing a jurisprudence of incorporated associations and societies. This is achieved using a theoretical approach drawn from corporate realist theory that is informed by an epidemiological investigation of incorporated sporting associations and societies in Australia and New Zealand.
11
Switzer, Aaron Gray. "State Created Danger and Chronic Traumatic Encephalopathy in Texas Schools: A Legal Examination." Thesis, University of North Texas, 2018. https://digital.library.unt.edu/ark:/67531/metadc1157591/.
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The recent breakthroughs in the research of brain trauma as it relates to athletics has revealed never before seen damage linked with football participation. Known as chronic traumatic encephalopathy (CTE), it is caused by activities inherent to the sport of football. School sponsored football has been granted immunity through case law and legislation in Texas. Recent research however indicates a different type of injury than those that school districts have been protected of liability from. This will provide a challenge to the immunity school districts have enjoyed regarding football. One route to abrogation of immunity is the state created danger provision established by the Supreme Court. The Fifth Circuit Court whose jurisdiction includes Texas has yet to officially adopt the state created danger theory. This research examined legal precedent to determine the challenge CTE may present the various layers of immunity surrounding school sponsored football in Texas.
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Wessels, Jacques. "The tax implications of non-resident sportspersons performing and earning an income in South Africa." Thesis, Rhodes University, 2008. http://hdl.handle.net/10962/d1003719.
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As the number of non-resident sports persons competing in South Africa increases so does the need to tax them more effectively. It was for this reason that the South African legislature decided to insert Part IlIA into the Income Tax Act which regulates the taxation of non-resident sports persons in South Africa. The new tax on foreign sports persons, which came into effect during August 2006, is a withholding tax placing the onus upon the organizer of the event to withhold the tax portion of the payment to the non-resident sportsperson and pay it over to the revenue services. The rate of taxation has been set at 15 percent on all amounts received by or accruing to a foreign sportsperson. The question which the research addressed is whether this new tax will prove to be an effective tax, both from the point of view of its equity and the administration of the tax. In order to determine the impact of the new tax, it was compared to similar taxes implemented in the United Kingdom and Australia and also to other withholding taxes levied in South Africa. The new tax was also measured against a theoretical model for effectiveness, compared to the pre-August 2006 situation and to the taxation of resident sportsmen and women, using hypothetical examples. The major shortcomings of the new withholding tax are the uncertainty with regard to the intention of the legislature on matters such as the taxation of capital income versus revenue income, the question whether payments to support staff are included in the ambit of the new tax, the taxation of the award of assets in lieu of cash payments and the definition of a resident. A further area of concern is that the rate of taxation of 15 percent appears to be too low and creates horizontal inequity between the taxation of resident and non-resident sports persons. The new tax on non-resident sports persons may have its shortcomings but, depending upon the administrative and support structures put in place to deal with it, will be an effective tax. The rate at which the tax is levied could result in a less tax being collected than before but, with the reduced administrative cost of tax collection, the effective/statutory ratio of the tax could well be much higher than it was. This is a new tax in South Africa and certain initial problems are inevitable and will undoubtedly be solved as the administrators gain experience and as the case law governing this tax develops.KMBT_363
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SCHWARTZ, MICHAEL BRYAN. "FIGHTING OVER THE PROFITS OF PROFESSIONAL SPORTS: USING THE LAW OF ANTITRUST AND INTELLECTUAL PROPERTY TO EXAMINE MEDIA RESTRICTIONS BY THE NATIONAL FOOTBALL LEAGUE." Thesis, The University of Arizona, 2008. http://hdl.handle.net/10150/192236.
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Huntly, Colin Thomas. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory." Thesis, Huntly, Colin Thomas (2005) In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory. PhD thesis, Murdoch University, 2005. https://researchrepository.murdoch.edu.au/id/eprint/83/.
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Common lawyers are notoriously suspicious of legal theory. This is exemplified by the dearth of theoretical content in Australian corporate law debate. If the first sin of legal theory is to presume that it can offer a blueprint for actual decision-making and be a substitute for judicial and lawyerly wisdom, then surely it is an equal transgression to profess that judicial and lawyerly wisdom can for long elude criticism without a sound theoretical basis.
Reasoning by analogy is commonplace. This is as true in legal reasoning as in any other discipline. Indeed, it has been suggested that in the Australian legal context analogical reasoning is the very same judicial and lawyerly wisdom referred to above. In order to determine whether there is a true analogy, a number of legal scholars have suggested that a variety of potential known source analogues should be carefully analysed for their potential relevance to a less familiar target analogue lest an inapt analogy should lead one into error.
The modern trading company is widely regarded as an apt source analogue for resolving jurisprudential issues involving incorporated associations and societies. However the basis upon which this assertion is made has never been adequately elucidated. This thesis tests the hypothesis that the modern trading company is the most apt source analogue for developing a jurisprudence of incorporated associations and societies. This is achieved using a theoretical approach drawn from corporate realist theory that is informed by an epidemiological investigation of incorporated sporting associations and societies in Australia and New Zealand.
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Huntly, Colin Thomas. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory." Huntly, Colin Thomas (2005) In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory. PhD thesis, Murdoch University, 2005. http://researchrepository.murdoch.edu.au/83/.
Full textAbstract:
Common lawyers are notoriously suspicious of legal theory. This is exemplified by the dearth of theoretical content in Australian corporate law debate. If the first sin of legal theory is to presume that it can offer a blueprint for actual decision-making and be a substitute for judicial and lawyerly wisdom, then surely it is an equal transgression to profess that judicial and lawyerly wisdom can for long elude criticism without a sound theoretical basis.
Reasoning by analogy is commonplace. This is as true in legal reasoning as in any other discipline. Indeed, it has been suggested that in the Australian legal context analogical reasoning is the very same judicial and lawyerly wisdom referred to above. In order to determine whether there is a true analogy, a number of legal scholars have suggested that a variety of potential known source analogues should be carefully analysed for their potential relevance to a less familiar target analogue lest an inapt analogy should lead one into error.
The modern trading company is widely regarded as an apt source analogue for resolving jurisprudential issues involving incorporated associations and societies. However the basis upon which this assertion is made has never been adequately elucidated. This thesis tests the hypothesis that the modern trading company is the most apt source analogue for developing a jurisprudence of incorporated associations and societies. This is achieved using a theoretical approach drawn from corporate realist theory that is informed by an epidemiological investigation of incorporated sporting associations and societies in Australia and New Zealand.
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Van, Kleeck Vickie A. "A case study of Mercer University's intramural and recreational sports program to assess the inherent and potential risks for implementation of a risk management program." Thesis, Virginia Polytechnic Institute and State University, 1986. http://hdl.handle.net/10919/101331.
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This case study involved a safety and maintenance audit of Mercer University's intramural and recreational sports program. The purpose of the audit was to expose potentially hazardous conditions in the area of supervision, conduct of activities, facilities and equipment. A method of risk reduction in the form of a risk management strategy was implemented to control for potential injury producing conditions to participants. Regular safety inspections, the hiring and training of program supervisors, upgrading of facilities and equipment and a closer relationship between the intramural program and other campus departments were some of the remedial steps taken at Mercer to provide a relatively safe environment.M.S.
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Piragini, Ricardo. "A importância da marca como um dos instrumentos de fomento do desporto." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20931.
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The present dissertation aims to provide a reflection on the current scenario that supports the world sporting events, which increasingly require large investments for their execution, depending on the contributions of the governments that host them and, mainly, on the generation of own revenues, through sponsorship and partnerships. As states are not always able to fully finance all investments, the organizers use the exploitation of intellectual property assets for this purpose, thus requiring exceptional privileges, which will be discussed below. The question that arises refers to the sports marketing used as an instrument of viabilization of the sport activity addressing the complex relationship that is established between sponsors, athletes and clubs. Considering the aspect of the brands, the methodological didactic section delimits the field of study in the construction of the brand used by the sports organization and organization and its marketing developments. In order to reach the objective outlined, it will be necessary to apply a qualitative study methodology, and the research will be bibliographical, doctrinal, concluding with a case study in interview format, especially under comparative law bias
A presente dissertação objetiva propiciar uma reflexão sobre o atual cenário que dá suporte aos eventos esportivos mundiais os quais necessitam, cada vez mais, de vultosos investimentos para sua execução, dependendo de aportes dos governos que os sediam e, principalmente, da geração de receitas próprias, via patrocínio e parcerias. Como, nem sempre, os Estados têm condições de bancar, integralmente, todos os investimentos, as entidades organizadoras se valem da exploração dos ativos de propriedade intelectual para tal desiderato carecendo, assim, de privilégios excepcionais, o que será discutido adiante. A questão que se coloca refere-se ao marketing desportivo utilizado como instrumento de viabilização da atividade desportiva abordando a complexa relação que se estabelece entre patrocinadores, atletas e clubes. Considerando o aspecto das marcas, o corte didático metodológico proposto delimita o campo de estudo na construção da marca utilizada pelas entidades de prática e organização desportiva e seus desdobramentos mercadológicos. Para alcançar o objetivo delineado, será necessária a aplicação de uma metodologia de estudo qualitativa, sendo que a pesquisa será bibliográfica, doutrinária, concluindo com estudo de caso no formato de entrevista, especialmente sob o viés do direito comparado
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Chodosh, Jonah. "Take Me Out of the Ball Game: The Efficacy of Public Subsidies in the Success of Professional Sports Stadiums." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/267.
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This paper weights the relative advantages of multiple factors that lead to the success of professional sports stadiums in major markets, though a discussion of the arguments for and against public subsidies towards these projects. Using a logit statistical model, the paper determines that the two factors determining the highest likelihood of venue success include multiple tenants and access to mass transit. The analysis demonstrates that public subsidies towards stadiums don’t generate sufficient economic returns, and that successful stadiums can be created without using taxpayer funds.
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Li, Hong. "The Bosman Ruling and the regulation of football in the People's Republic of China." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2291716.
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Dib, Luís Felipe Ferreira. "As decisões da Justiça desportiva e o seu cumprimento." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20996.
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With the 1988 Federal Constitution, sport was allocated to constitutional levels, recognizing it’s political, economic, cultural, social, educational and, above all, legal relevance. Thus, the constituent legislator reserved a specific section for sport, notably, the article 217 of CF88, recognizing its inseparable character of life. This article demonstrates, in the words of Professor Álvaro Melo Filho, that "(sports law) is not a disposable right", so much that "healthy and endowed with depth and institutional breadth, serving as beacon or cornerstone of the jus-sport pyramid with its complexities, variations and specificities. " In dealing with the Brazilian Sport Court, the first and second paragraphs (§ 1 and 2) of art. 217, providing for the Brazilian Sport Court formulated as a single jurisdictional presupposition inserted in the bulge of the Constitution of the Federative Republic of Brazil. It is important to point out that the Brazilian Courts of Sport are essentially sui generis, without any reference in previous jurisdictions. In this context, the purpose of this study is to discuss the effectiveness of sports law in the area of the effectiveness of judgments rendered in the field of sporting justice and what mechanisms in our legal system may be adopted to guarantee their execution
Com a Constituição Federal de 1988, o Desporto alocou-se em patamares constitucionais, reconhecendo-se a sua relevância política, econômica, cultural, social, educacional e, sobretudo, jurídica. Sendo assim, o legislador constituinte reservou uma seção específica ao desporto, notadamente, o artigo 217 da CF88, reconhecendo-se o seu caráter indissociável da vida. Atestando, o referido dispositivo, nas palavras do Professor Álvaro Melo Filho, “não ser (o direito desportivo) um direito descartável”, tanto que “hígido e dotado de profundidade e amplitude institucional, servindo de balizamento ou pedra angular da pirâmide jus-desportiva brasileira com suas complexidades, variações e especificidades”. Ao tratar da Justiça Desportiva brasileira, destacam-se os parágrafos primeiro e segundo (§ 1º e 2º) do art. 217, prevendo a Justiça Desportiva brasileira formulada como um único pressuposto jurisdicional inserido no bojo da própria Constituição da República Federativa do Brasil. Importante salientar que as Cortes do Desporto brasileiro revestem-se num caráter de Justiça essencialmente sui generis, sem qualquer referência nos ordenamentos anteriores. Tendo este pano de fundo, objetiva-se neste estudo dissertar sobre a efetividade do direito desportivo no plano da eficácia das decisões proferidas no âmbito da justiça desportiva e quais mecanismos existentes em nosso Ordenamento Jurídico que podem vir a ser adotados para garantir a sua execução
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Almeida, Tatiana Regina de [UNESP]. "O estudo da disciplina de direito e legislação social nos cursos de Serviço Social: "o sapatinho de cristal"." Universidade Estadual Paulista (UNESP), 2016. http://hdl.handle.net/11449/138261.
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Esta dissertação procura contextualizar a disciplina de Direito e Legislação Social nos cursos de Serviço Social e sua importância para a formação acadêmica e profissional do assistente social, traçando paralelo entre os currículos do curso, desde 1936, até as atuais diretrizes curriculares. A motivação do trabalho se deve ao pouco referencial teórico referente à mesma, assim como seu aparente descolamento do restante da matriz curricular, em um aparente processo de não diálogo e interação com as demais disciplinas. A investigação foi realizada através de revisão bibliográfica e análise documental das ementas referentes ao objeto de estudo, em contraponto com o referencial teórico, em uma linha de pesquisa histórico-dialética, numa abordagem qualitativa. Tal processo exigiu o levantamento do número de Instituições de Ensino Superior (IES) que ofereciam o curso no país, e devido ao grande número de unidades escolares, optou-se por utilizar como parâmetro IES do estado de São Paulo. A dimensão dos dados coletados permitiu verificar a diversidade de propostas educacionais que permeiam o ensino da disciplina, mas que respondem de forma vaga à proposição das Diretrizes Curriculares de 1996, assim como a mesma também se apresenta. Por fim, sugere-se nova ementa para a disciplina em questão.
This paper seeks to contextualize the discipline of Law and Social Legislation in the courses of social work and its importance for academic and professional training of social workers, drawing a parallel between the course curriculum since 1936 to the current curriculum guidelines. The motivation of the work is due to some theoretical framework regarding the same, as well as his apparent detachment from the rest of the curriculum, in an apparent case of no dialogue and interaction with other disciplines. The research was conducted through literature review and documentary analysis of the menus for the object of study, as opposed to the theoretical, in a line of historical-dialectical research, a qualitative approach. This process required raising the number of higher education institutions (HEIs) offering the course in the country, and because of the number of school units, it was decided to use as a parameter university in the state of São Paulo. The size of the data verified the diversity of educational proposals that permeate the teaching of discipline, but responding vaguely to the proposal of the Curricular Guidelines of 1996 and the same is also presented. Finally, it suggests a new menu for the discipline in question.
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Fugier, Romain. "Le contrat de travail du sportif professionnel." Thesis, Perpignan, 2016. http://www.theses.fr/2016PERP0005.
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Le sportif professionnel engagé dans une relation de travail avec un club sportif est actuellement dans une situation contractuelle similaire aux autres salariés. Le contrat de travail conclu par le sportif professionnel doit obligatoirement respecter les règles du droit du travail. Toutefois, la nature sportive de l’activité induit le respect d’autres normes relatives au sport qui complexifie la mise en place d’un lien contractuel. Les règles traditionnelles du Code du travail semblent inadaptées à la situation juridique du sportif professionnel. Face à ce constat, le législateur est décidé à faire évoluer le cadre normatif relatif au sportif professionnel dans le but de simplifier et d’améliorer la relation de travail spécifique de ce dernier. L’analyse des problématiques relatives à la formation, l’exécution et la rupture du contrat de travail du sportif professionnel, au regard des évolutions législatives envisagées, permet d’apporter des réponses adaptées aux difficultés actuelles soulevées par l’emploi des sportifsA Professional Sportsman engaged in a working relationship with a sports club is currently in a similar contractual situation to other employees. Employment contracts concluded by a Professional Sportsman must respect the provisions of the labour legislation. However, the sports-related nature of the activity undertaken by a Sportsman implies compliance with other sports-related standards that makes the establishment of a contractual relationship more complex. The traditional rules of the Labour Code do not seem to be adapted to the legal status of a Professional Sportsman. In light of this, the legislator committed to amending the regulatory framework relating to the Professional Sportsman in order to simplify and improve this specific employment relationship. The analysis of issues related to the conclusion, execution and termination of the employment contract of a professional sportsman, in view of the envisaged legislative developments, provides specific replies to the current difficulties in relation to the employment of sportsmen
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Forrester, Kim, and n/a. "The Impact of Structural (Legislation and Policy), Professional and Process Factors on the Outcomes of Disciplinary Tribunals and Committees in Cases of Sexual Misconduct and Incompetent or Unsafe Practice." Griffith University. School of Nursing, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20040615.144659.
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This study was conducted in the context of the regulation of professional nursing and midwifery practice in the Australian health care system. In this environment, professional regulatory authorities established by State and Territory legislation in all jurisdictions, regulate and control the work of health professionals. In Queensland, registered nurses, enrolled nurses and midwives are regulated by the Queensland Nursing Council, the statutory body created by the Nursing Act 1992 (Qld). Part of the regulatory role of this and other authorities is to discipline professionals whose conduct or behaviour falls short of appropriate and acceptable standards of practice. All regulated health professionals, including nurses and midwives, are potentially subject to professional disciplinary action if a complaint is lodged in relation to their conduct. This being an important issue in the management and delivery of health care, and an increased trend among health care consumers, the dearth of existing research into the disciplinary process is a major concern. This exploratory study examined the disciplinary role of the Queensland Nursing Council in adhering to its legislative mandate to ensure safe and competent nursing practice. The study focused on the extent to which structural (legislation and policy), professional, and process factors impacted on the outcomes of disciplinary Tribunals and Committees in cases of incompetent or unsafe practice and sexual misconduct. The study was situated within the interpretive paradigm using a case study approach. Specifically, it investigated cases of sexual misconduct by nurses and unsafe or incompetent practice by midwives. The study was guided by Donabedian's conceptual framework of structure-process-outcome. This framework was seen to be most suited to the aims of the study and provided a template for in-depth analysis of the data emerging from the two cases. The findings of this study provided insight into the factors underpinning the decisions of the disciplinary bodies in making determinations and formulating outcomes. There was found to be a lack of consistency and predictability in both the legislative frameworks and the interpretation of terms and concepts used to identify conduct warranting a disciplinary response from regulatory authorities. Although the processes of disciplinary proceedings are prescribed by both legislation and policy, their practical application was characterised by considerable challenges, which resulted in varying outcomes. The thesis reports this information so that it can be used as an initial basis to build a body of knowledge from practical experience with disciplinary proceedings that will inform future processes. Subsequent case studies in other contexts and systems will increase the level of knowledge available to nurses, other health care providers, health care institutions and regulatory authorities. The initial base of evidence suggests implications for practice, education and further research which are outlined in the final chapter of the thesis.
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Forrester, Kim. "The Impact of Structural (Legislation and Policy), Professional and Process Factors on the Outcomes of Disciplinary Tribunals and Committees in Cases of Sexual Misconduct and Incompetent or Unsafe Practice." Thesis, Griffith University, 2004. http://hdl.handle.net/10072/366609.
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This study was conducted in the context of the regulation of professional nursing and midwifery practice in the Australian health care system. In this environment, professional regulatory authorities established by State and Territory legislation in all jurisdictions, regulate and control the work of health professionals. In Queensland, registered nurses, enrolled nurses and midwives are regulated by the Queensland Nursing Council, the statutory body created by the Nursing Act 1992 (Qld). Part of the regulatory role of this and other authorities is to discipline professionals whose conduct or behaviour falls short of appropriate and acceptable standards of practice. All regulated health professionals, including nurses and midwives, are potentially subject to professional disciplinary action if a complaint is lodged in relation to their conduct. This being an important issue in the management and delivery of health care, and an increased trend among health care consumers, the dearth of existing research into the disciplinary process is a major concern. This exploratory study examined the disciplinary role of the Queensland Nursing Council in adhering to its legislative mandate to ensure safe and competent nursing practice. The study focused on the extent to which structural (legislation and policy), professional, and process factors impacted on the outcomes of disciplinary Tribunals and Committees in cases of incompetent or unsafe practice and sexual misconduct. The study was situated within the interpretive paradigm using a case study approach. Specifically, it investigated cases of sexual misconduct by nurses and unsafe or incompetent practice by midwives. The study was guided by Donabedian's conceptual framework of structure-process-outcome. This framework was seen to be most suited to the aims of the study and provided a template for in-depth analysis of the data emerging from the two cases. The findings of this study provided insight into the factors underpinning the decisions of the disciplinary bodies in making determinations and formulating outcomes. There was found to be a lack of consistency and predictability in both the legislative frameworks and the interpretation of terms and concepts used to identify conduct warranting a disciplinary response from regulatory authorities. Although the processes of disciplinary proceedings are prescribed by both legislation and policy, their practical application was characterised by considerable challenges, which resulted in varying outcomes. The thesis reports this information so that it can be used as an initial basis to build a body of knowledge from practical experience with disciplinary proceedings that will inform future processes. Subsequent case studies in other contexts and systems will increase the level of knowledge available to nurses, other health care providers, health care institutions and regulatory authorities. The initial base of evidence suggests implications for practice, education and further research which are outlined in the final chapter of the thesis.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Nursing
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Pike, Hilary Eryn. "ADA Compliance and Accessibility of Aquatic Facilities in the North Texas Area." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc3557/.
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The purpose of this study was to determine the degree to which existing aquatic facilities in the North Texas metroplex complied with the 1991 Americans with Disabilities Act Accessibility Guidelines (ADAAG) and the proposed Americans with Disabilities Act Accessibility Guidelines: Recreation Facilities (ADAAG supplement). Fifty-two aquatic facilities were evaluated based on: parking lot, ticket counter, gate/entry, restroom, dressing area, drinking fountain, pathway, and pool entry method structural domains. Physical measurements and a few direct observations were recorded on the survey instrument. Surveys were then reviewed and facility scores were tabulated. No facility was found to be 100% compliant with ADAAG and the ADAAG supplement. Aquatic facilities are already struggling to catch up with the 1991 ADAAG, but when the United States Department of Justice approves the proposed ADAAG supplement, aquatic facilities will fall even further behind.
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范琳琳. "第三部門視域下中國行業協會與政府互動關係及角色研究 : 兼以雲南省律師協會為例." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2555528.
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Viljoen, Erna. "The legal implications of rugby injuries." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/332.
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Sports law in South Africa is a field requiring exciting and intensive research. With so many sporting codes changing their status to professional sport, intensive research on the legal implications pertaining to each professional sporting code has also become necessary. Professional rugby in South Africa has grown into a multimillion rand industry. It is an industry whose role players need specialized legal advice on a multitude of issues. This dissertation addresses the legal issues arising out of the situation where a professional player is injured, during practice or a game, due to the intentional or negligent action of another. The medico-legal aspects of rugby, relating to causation and proof of injuries are an indispensable element of proving liability where rugby injuries are concerned. These aspects are crucial in assessing the criminal and delictual liability of players, coaches, referees, team physicians and even the union concerned. The problem of rugby violence, causing injury, is addressed by both the criminal law and the law of delict with the issue of consent being central to this discussion. Furthermore, the labour law implications can be far-reaching for both the player and the employer union due to the unique features of sport as an industry. All role players in professional rugby will have to cooperate with the legal community to ensure that a practical body of law is established in order to make rugby a safer sport for all concerned and to protect the professional player from unnecessary, incapacitating injury.
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Raguza, Carlos Henrique. "Justiça desportiva: proposta de classificação jurisdicional." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20882.
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One of the subjects with few studies, but that represents one of the foundations of the Law, is the jurisdiction. Its historical origin is intrinsically related to the evolution of society, and the practical purpose of discussing this interesting institute is to understand the growing search for alterative solutions to conflicts. It couldn’t be ignored, in a discourse on jurisdiction, the concept of the State, from its formation, to the most recent three Powers theory, and the system of checks and balances inserted in the Federal Constitution. On the other hand, the Judiciary is a clearer and more evident manifestation of the jurisdiction practical application, and its concept and characteristics, the extension and, finally, the limits of jurisdiction are extracted. Once composed of a solid scientific substrate, we present the didactic classification currently accepted and well accepted by most of the doctrine, closing the first stage of this paper. The static scenario, from this point onwards, is the subject of provocations, in which obstacles as exceptions to the inafasability of jurisdiction, notably by the presentation of alternative methods of conflict resolution, ilustrates the current needs of a dynamic, complex and constantly changing society. Increasingly, there is the presence of private nature entities in conflict resolution, including through international cooperation among countries. Arbitration is the most classic example of an alternative method of conflict resolution, whose performance and participation of private entities is a result of the strengthening of the expression of will in clauses and contracts more prestigiously designed to the autonomy of the parties. The Sport Court, in its turn, although autonomous and independent, maintains certain influence of the State due to its traces of public, social law. And article 217, especially §§ 1 and 2, could have extended these characteristics if the text had clearly restricted the matter to be known by the Judiciary, in order to confer greater permanence to the decisions rendered by the Courts of Sports Justice. Although a long way to go, the study that we propose come from premises seen and recognized by the various branches of law, in order to establish a reasoning that leads to a proposal of repositioning the jurisdiction and, consequently, the Sports Court. Comparative analysis, similarity of some procedural aspects, applicable principles and decisions in the field of Arbitration and Sports Justice undoubtedly depict a fertile substratum for legal constructions, a challenge that we intend to follow and overcome
Um dos temas pouco estudados, mas que representa um dos alicerces do Direito, é o da jurisdição. Sua origem histórica está intrinsecamente relacionada à evolução da sociedade, e a finalidade prática de discorrer sobre este interessante instituto é compreender a crescente busca por soluções alterativas de conflitos. Não se poderia deixar de lado, em um discurso sobre jurisdição, o conceito de Estado, desde a sua formação, até a mais recente teoria dos três Poderes, do sistema de freios e contrapesos inserido na Constituição Federal. Já adentrando em aspectos mais específicos, apresenta-se o Poder Judiciário como manifestação mais clara e evidente da aplicação prática da jurisdição, extraindo-se, a partir daí seu conceito e características, a extensão e, por fim, os limites da jurisdição. Uma vez composto um sólido substrato científico, apresenta-se a classificação didática atualmente recepcionada e bem aceita pela maior parte da doutrina, fechando a primeira etapa deste trabalho. O cenário estático, deste ponto em diante, é objeto de provocações, em que obstáculos como exceções à inafastabilidade da jurisdição, notadamente pela apresentação de métodos alternativos de solução de conflitos, retratam as necessidades atuais de uma sociedade dinâmica, complexa e em constante modificação. É cada vez mais presente a atuação de entidades de natureza privada na solução de conflitos, inclusive mediante cooperação internacional entre países. A Arbitragem é o mais clássico exemplo de método alternativo de solução de conflitos, cuja atuação e participação de entidades de natureza privada é fruto do fortalecimento da manifestação de vontade em cláusulas e contratos arquitetados com maior prestígio à autonomia das partes. A Justiça Desportiva, de seu turno, embora autônoma e independente, mantém certa influência do Estado em razão de seus traços de direito público, social. E o artigo 217, notadamente os §§ 1 e 2º, poderia ter alargado estas características se a redação houvesse restringido com clareza a matéria a ser conhecida pelo Judiciário, de modo a conferir maior definitividade às decisões proferidas pelos Tribunais de Justiça Desportiva. Ainda que longo caminho a ser percorrido, o estudo que se propõe parte de premissas vistas e reconhecidas pelos diversos ramos do direito, de sorte a erigir um raciocínio que leve a uma proposta de reposicionamento da jurisdição e, consequentemente, da Justiça Desportiva. Análises comparativas, semelhança de alguns aspectos procedimentais, princípios aplicáveis e decisões no âmbito da Arbitragem e Justiça Desportiva sem dúvida retratam substrato fértil para construções jurídicas, desafio este que pretende-se percorrer e suplantar
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Bursuc, Vlad A. "Amateurism and Professionalism in the National Collegiate Athletic Association." Oberlin College Honors Theses / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1374144535.
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Santos, Ceres Linck dos. "O princípio da conservação do negócio jurídico e seus mecanismos no ordenamento brasileiro e sua aplicação em relações jurídicas de Direito Desportivo." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20977.
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This study aims to analyze the structure of the legal transaction in the tripartite plan, focusing on the invalidities and on the principle of conservation, as normative source for the appearance of interpretations or techniques that aim at the effectiveness of the negotiation declaration and the effectiveness of the law. In the investigation of the limits of freedom and of private autonomy for the practice of legal transactions, it assesses the public interest should always be considered supreme in relation to private interest or in what form they are related. Subsequently, a number of invalidity treatment institutes, such as reduction and substantial conversion, are analyzed. In the end, it focuses on the autonomy provided for in article.217, item I of the Federal Constitution, aimed at the organizational and functional regulation of leading sports organizations and associations, analyzing the applicability of the conservation principle and techniques for dealing with disability in the scope of the legal relations of sports law, exemplifying two practical cases
O presente trabalho tem como objetivo analisar a estrutura dos negócios jurídicos no plano tripartite, focando nas invalidades e no princípio da conservação, enquanto fonte normativa para o surgimento de interpretações ou técnicas que visem à eficácia da declaração negocial e à efetividade do direito. Na investigação dos limites da liberdade e autonomia privada para a prática de negócios jurídicos, avalia-se se o interesse público deve ser considerado sempre supremo em relação ao interesse privado ou de que forma se relacionam. Posteriormente, analisa-se, pontualmente, alguns institutos de tratamento de invalidades, como a redução e a conversão substancial. Ao final, foca-se na autonomia prevista no art.217, inciso I da Constituição Federal, destinada à regulamentação organizacional e funcional de entidades desportivas dirigentes e associações, analisando-se a aplicabilidade do princípio da conservação e de técnicas de tratamento das invalidades no âmbito das relações jurídicas de direito desportivo, exemplificando com dois casos práticos
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Hollingsworth, Jerry Don. "An Analysis of the Perception of the Degree of Compliance of Selected Texas Public High Schools with Title IX of the Education Amendments of 1972." Thesis, University of North Texas, 2005. https://digital.library.unt.edu/ark:/67531/metadc4960/.
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In recent years, few laws have had greater impact on public education than Title IX of the Education Amendments of 1972. As a result of this legislation, participation levels of female athletes have risen dramatically. Conducted in the Texas Education Agency's Region XI, this study sought to ascertain the perceptions of high school principals, the lead coaches of male athletes, and the lead coaches of female athletes with regard to their schools' compliance with the components of Title IX. The study centered on the results of a survey instrument that included twenty Likert-scale questions as well as several demographic questions. The research questions sought to determine: (1) respondents' overall perception of compliance; (2) any differences in perceptions of compliance based upon the role of the individual; (3) any differences in perceptions based upon the percentage of students qualifying for free and reduced lunch; (4) any differences based upon the state classification of the schools; (5) any differences based upon the gender of respondents; (6) whether complaints filed via OCR result in a perception of increased compliance; and (7) the program component areas in which respondents view their schools to be most compliant. Descriptive and causal-comparative methods were used to analyze the data. The results revealed that school leaders in north central Texas public high schools perceived a high degree of compliance of their schools with the requirements of Title IX regardless of their role. A descriptive analysis of the responses based upon respondent role yielded slight differences between coaches of males and females. An ANOVA of responses considering the variables of free and reduced lunch as well as state classification did not yield a statistical significance in terms of perceptions of compliance. Although the mean scores of female respondents were slightly lower than males, the research did not yield statistically significant differences based upon gender. The study was inconclusive in terms of whether districts that have experienced formal Title IX complaints are more compliant with Title IX. Finally, the study indicated that school leaders should focus more attention on the areas of coaching assignment and compensation as well as publicity as they seek to comply with Title IX.
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Satterwhite, Nancy Rae. "Perceptions of the Adoptions and Safe Families Act of 1997 among child welfare and substance abuse professionals." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2716.
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鄺君慧. "投資者、管理人員及具特別資格技術人員臨時居留制度研究 =A study on investors, managerial persnnel, technical and professional qualification holders residency scheme." Thesis, University of Macau, 2018. http://umaclib3.umac.mo/record=b3952087.
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Garcia, Maria E. "Governing Gambling in the United States." Scholarship @ Claremont, 2010. http://scholarship.claremont.edu/cmc_theses/3.
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The role risk taking has played in American history has helped shape current legislation concerning gambling. This thesis attempts to explain the discrepancies in legislation regarding distinct forms of gambling. While casinos are heavily regulated by state and federal laws, most statutes dealing with lotteries strive to regulate the activities of other parties instead of those of the lottery institutions. Incidentally, lotteries are the only form of gambling completely managed by the government. It can be inferred that the United States government is more concerned with people exploiting gambling than with the actual practice of wagering.
In an effort to more fully understand the gambling debate, whether it should be allowed or banned, I examined different types of sources. Historical sources demonstrate how ingrained in American culture risk taking, the core of gambling, has been since the formation of this nation. Sources dealing with the economic implications of gambling were also studied. Additionally, sources dealings with the political and legal aspects of gambling were essential for this thesis. Legislature has tried to reconcile distinct problems associated with gambling, including corruption. For this reason sports gambling scandals and Mafia connections to gambling have also been examined.
The American government has created much needed legislature to address different concerns relating to gambling. It is apparent that statutes will continue to be passed to help regulate the gambling industry. A possible consideration is the legalization of sports wagering to better regulate that sector of the industry.
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Smythe, Carolyn N. "The historical significance of professional contributions of a leader in the field of emotional and behavioral disorders in special education: A qualitative case study of Richard J. Whelan." Thesis, University of North Texas, 2007. https://digital.library.unt.edu/ark:/67531/metadc3611/.
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Historical documentation of the impact of PL 88-164 on the field of emotional and behavioral disorders (E/BD) and the development and implementation of teacher-training programs for children and youth identified as E/BD is limited. This study was designed to document the historical significance and professional contributions of Dr. Richard J. Whelan, Professor Emeritus, University of Kansas and his work in the development of teacher preparation training programs in the field of E/BD in institutions of higher education (IHE). The second purpose of this study was to document the legislative and program initiatives that have impacted the services, education, teaching, and research initiatives in the field of E/BD as interpreted by Dr. Whelan. The final purpose of this study was to examine the views of Dr. Whelan regarding the need for future developments in the field of E/BD. Legislative and policy efforts continue to change the climate in which children are educated. The field of special education relies on the efficacy of the training programs in IHE to provide appropriate teaching and research efforts in a manner that is consistent with the current needs of students with E/BD, their families, and the schools in which they seek to be educated. As this study revealed, understanding the history of the field, the foundational framework from which research and evidence-based practices have emerged, is paramount to forward movement in the field and necessary to the measurement of effective interventions and strategies in support of the students, their families, and those who choose this field as their lifework. It is the foundation from which educational theory is developed, researched, revised, and reflected.
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Park, Sunghee. "Investigating athletes' retirement from sport : from decision-making to optimal support programmes." Thesis, University of Stirling, 2012. http://hdl.handle.net/1893/6498.
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This thesis aimed to extend knowledge of athletes’ career transitions through examining athletes’ retirement decision-making process and influence of cultural diversity and organisational culture on the process of career transition. The purpose of Study 1 was to identify the current status of knowledge in the study area through providing a systematic review of the athlete career transition studies. The findings provided up to date knowledge in the study area and suggested potential future research directions. Study 2 aimed to understand Korean tennis players’ career transition out of sport experiences via longitudinal qualitative research. The results indicated that athletes perceived making the retirement decision was difficult process for them and revealed that participants’ experiences were influenced by cultural aspects and sport contexts of Korea. Study 3 focused on exploring the athletes’ retirement decision-making process among Korean tennis players. Results showed that athletes’ leaving from sport decision-making is a complex and multidimensional process, and the transtheoretical model was helpful in explaining athletes’ retirement from sport decision-making. The objective of Study 4 was to explore the processes involved in the development of an athletes’ career transition programme. Results revealed that the organisation might have influence on athletes’ retirement decision and the quality of career transition. Overall, the findings from the current thesis provide advanced useful knowledge on the athlete career transition process, and such knowledge may assist attempts to enhance athletes’ well-being and welfare for during and post-sport life.
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Smit, Ilze. "'n Opleidingsraamwerk gerig op gehalte aborsiesorg vir verpleegkundiges aan hoëronderwysinstellings in die Wes-Kaap." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/3174.
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Thesis (PhD (Education)--Stellenbosch University, 2008.ENGLISH ABSTRACT: Before the implementation of abortion legislation in South Africa in February 1997, illegal abortions were the only way out for women with unwanted pregnancies. Because of the high morbidity and mortality rate of the women concerned, abortion legislation was implemented with the aim of ending illegal abortions in South Africa by having abortions carried out legally on request in designated health care facilities. The abortion legislation stipulates that registered nurses who have undergone the proposed abortion care training may terminate a pregnancy upon request of a woman during the first twelve weeks of the gestation period of her pregnancy. Although legislation authorises registered nurses to carry out first trimester abortions, an inadequate number of nurses are being trained in the Western Cape to provide pregnant women with guidance and counselling services, carry out the abortions and/or refer problem cases. Since the implementation of the abortion legislation no real attempts have been made by higher education institutions in the Western Cape to offer abortion care training for nurses. A need has therefore been identified to develop a comprehensive training framework for higher education institutions in the Western Cape for the training of nurses in abortion care. The case study was used as research design and the specific unit of analysis on which the researcher focused were the registered nurses who had received training in abortion care and the context in which they provide abortion care at the various levels of service provision in the different regions of the Western Cape. A random, stratified sample (non-proportional) was taken of the designated state health care facilities in the Western Cape, as well as a non-probability purposive sampling of registered nurses who provide abortion care, a non-probability convenience sample of women who have received abortion care and a non-probability purposive sampling of final-year pre-registration nursing students. Data was generated by means of questionnaires to the women who received abortions and/or counselling, the registered nurses who carried out abortions as well as final-year preregistration nursing students. A checklist was used to observe the abortions that were carried out by registered nurses in an objective and non-participatory manner and semi-structured interviews were conducted with various role-players in abortion care and training. The main findings of this study indicate that the necessary infrastructure within which the services could be provided according to the abortion legislation was adequate, but that the ongoing shortage of trained health care practitioners hampers the abortion care services. Only 10 (n=10) of the 15 certified nurses employed in state health care facilities actively offered abortion care services in the various designated facilities in the Western Cape. Deficiencies were identified in the existing provincial protocol and it was clear that some of the guidelines are either not in use or have become obsolete in the light of new research findings. It was found that midwives with appropriate and effective training are the ideal category of health practitioner for the provision of abortion care. The certified nurses who have been trained by the various regional offices of the Department of Health: Western Cape are skilled in carrying out the abortion procedure, but the other aspects of abortion care, that are mainly carried out by other categories of nurses, will probably require greater attention. The recommendations, which are based on a thorough literature study as well as on the findings and conclusions that arose from the empirical part of this study, have been included in a training framework. The researcher recommends that the training framework provide the basis for the development of a formal programme or programmes for the training of nurses in abortion care at higher education institutions. The purpose of the proposed framework is therefore to determine the context within which curriculation ought to take place, and to provide a focus or format for those who develop the curriculum for prospective students.
AFRIKAANSE OPSOMMING: Voor die implementering van aborsiewetgewing in Februarie 1997 was onwettige aborsies die enigste uitweg vir vroue met ongewenste swangerskappe in Suid-Afrika. Weens die hoë morbiditeit- en mortaliteitsyfer van die betrokke vroue is aborsiewetgewing geïmplementeer met die doel om onwettige aborsies in Suid-Afrika te beëindig en aborsies op versoek wettiglik in aangewysde gesondheidsorgfasiliteite uit te voer. Die aborsiewetgewing stipuleer dat verpleegkundiges wat die voorgestelde aborsiesorgopleiding ondergaan het, ‘n swangerskap kan beëindig op versoek van ‘n vrou gedurende die eerste 12 weke van die draagtyd van haar swangerskap. Ten spyte van wetgewing wat verpleegkundiges magtig om eerste trimester aborsies uit te voer, word daar om verskeie redes onvoldoende aantal verpleegkundiges in die Wes-Kaap opgelei wat voorligting en berading aan swanger vroue gee, die aborsies uitvoer en/of probleemgevalle moet verwys. Geen daadwerklike pogings is sedert die inwerkingstelling van die aborsiewetgewing deur hoëronderwysinstellings in die Wes-Kaap aangewend om aborsiesorgopleiding vir verpleegkundiges aan te bied nie. Derhalwe is ’n behoefte geïdentifiseer om ’n omvattende opleidingsraamwerk vir hoëronderwysinstellings in die Wes- Kaap te ontwikkel vir die opleiding van verpleegkundiges in aborsiesorg. Die gevallestudie is as navorsingsontwerp gebruik en die spesifieke eenheid van analise waarop gefokus is was die verpleegkundiges wat opleiding in aborsiesorg ontvang het en die konteks waarbinne hulle aborsiesorg lewer by die onderskeie vlakke van dienslewering in die onderskeie streke van die Wes-Kaap. ’n Ewekansige, gestratifiseerde steekproef (nie-proporsioneel) is geneem van die aangewysde staatsgesondheidsorgfasiliteite in die Wes-Kaap, sowel as ’n nie-waarskynlike, doelbewuste steekproefneming van verpleegkundiges wat aborsiesorg verskaf, ’n nie-waarskynlike gerieflikheidsteekproefneming van vroue wat aborsiesorg ontvang het en ’n nie-waarskynlike, doelbewuste steekproefneming van finalejaar voorregistrasie verpleegstudente. Data is gegenereer met behulp van vraelyste aan onderskeidelik die vroue wat aborsies en/of berading ontvang het, die verpleegkundiges wat aborsies uitgevoer het, asook finalejaar voorregistrasie verpleegstudente. ’n Kontrolelys is gebruik om die aborsies wat deur verpleegkundiges uitgevoer is objektief en nie-deelnemend te observeer en semigestruktureerde onderhoude is met verskeie rolspelers in aborsiesorgdienste en -opleiding gevoer. Die hoofbevindings van hierdie studie dui daarop dat die nodige infrastruktuur waarbinne die dienste ingevolge die aborsiewetgewing gelewer kon word voldoende was, maar dat die voortslepende tekort aan opgeleide gesondheidsorgpraktisyns die aborsiesorgdienste kortwiek. Slegs 10 (n=10) van die 15 gesertifiseerde verpleegkundiges in diens van staatsgesondheidsorgfasiliteite het aktief aborsiesorgdienste aangebied in die onderskeie aangewysde fasiliteite in die Wes-Kaap. Leemtes is in die bestaande provinsiale protokol geïdentifiseer en dit het in die lig van nuwe navorsingsbevindings geblyk dat sommige van die riglyne óf nie in gebruik was nie, óf dat hulle intussen verouderd geraak het. Daar is bevind dat vroedvroue met toepaslike en doeltreffende opleiding die ideale kategorie gesondheidsorgpraktisyn is vir die verskaffing van aborsiesorg. Die gesertifiseerde verpleegkundiges wat deur die Departement van Gesondheid: Wes-Kaap se onderskeie streekskantore opgelei is, is vaardig in die uitvoer van die aborsieprosedure as sulks, maar die ander aspekte van aborsiesorg, wat meestal ook deur ander kategorieë verpleegkundiges uitgevoer word, sal waarskynlik groter aandag moet kry. Die aanbevelings is gegrond op ’n deeglike literatuurstudie sowel as op die bevindings en gevolgtrekkings wat uit die empiriese gedeelte van hierdie studie spruit en is vervat in ’n opleidingsraamwerk. Die navorser beveel aan dat die opleidingsraamwerk die grondslag sal bied vir die ontwikkeling van ’n formele program of programme vir die opleiding van verpleegkundiges in aborsiesorg aan hoëronderwysinstellings. Die doel van die voorgestelde raamwerk is dus om die konteks te bepaal waarbinne kurrikulering moet plaasvind, asook om ’n fokus of formaat te verskaf vir diegene wat die kurrikulum vir voornemende studente ontwikkel.
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HUTTUNEN, Mikko. "A comparative analysis of the legal position of professional sportsmen under Finnish, English and European Community law : the borderlines of employment." Doctoral thesis, 2000. http://hdl.handle.net/1814/4660.
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Defence date: 25 February 2000Examining Board: Prof. Brian Bercusson ; Prof. Niklas Bruun ; Prof. Juha Pöyhönen ; Prof. Silvana Sciarra (supervisor)
First made available online on 23 February 2018
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MANDIN, Francois. "Le droit des activités sportives travaillées." Doctoral thesis, 1998. http://hdl.handle.net/1814/4699.
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Defence date: 18 May 1998Examining board: Prof. Patrick Chaumette, UPRES-A CNRS, Faculté de droit et des sciences politiques, Nantes ; Prof. Massimo Coccia, Birindelli & Associati, Roma ; Prof. Yota Kravaritou, IUE, Florence (Directrice de thèse) ; Prof. Massimo La Torre, IUE, Florence
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DUVAL, Antoine. "La Lex Sportiva face au droit de l'Union Européenne : guerre et paix dans l’espace juridique transnational." Doctoral thesis, 2015. http://hdl.handle.net/1814/36997.
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Defence date: 17 September 2015Examining Board: Prof. Marie-Ange Moreau (Directrice de thèse), Institut Universitaire Européen et Université Lyon 2 ; Prof. Hans-Wolfgang Micklitz, Institut Universitaire Européen ; Prof. Stephen Weatherill, University of Oxford ; Prof. Stefaan Van den Bogaert, Universiteit Leiden.
20 ans après l’arrêt Bosman de la Cour de Justice de l’UE, cette thèse analyse l’interaction entre le droit de l’UE et la lex sportiva, le droit transnational privé qui régit l’activité sportive internationale. Elle entend tout particulièrement éclairer la fonction de contre-pouvoir démocratique transnational que remplit le droit de l’UE dans ce contexte. La première partie de la thèse retrace les modalités de l’intervention du droit de l’UE dans le domaine sportif et démontre que tant les libertés fondamentales que le droit de la concurrence de l’UE peuvent être efficacement invoqués afin de contrecarrer les normativités privées transnationales. Ce contre-pouvoir n’est cependant pas aveugle : le contrôle de proportionnalité couplé avec la notion émergente de spécificité sportive permettent de tenir compte des objectifs particuliers poursuivis par la lex sportiva. Dès lors, une forme de dialogue juridique transnational se met en place. La seconde partie s’attache aux changements institutionnels et normatifs que cette intervention du droit de l’UE a pu engendrer tant au niveau des organes que du contenu de la lex sportiva. En effet, l’UE ne dispose d’aucune compétence (ni de capacité) législative pour se substituer à la lex sportiva. L’intervention du droit européen doit donc, pour être efficace, se traduire par un effet réflexif sur celle-ci. En pratique, cette intervention du droit de l’UE a donné lieu, d’une part, à de nouveaux modes de production de la lex sportiva, notamment en co-production avec la Commission européenne afin de se conformer au droit de la concurrence ou dans le cadre récent du dialogue social européen, et de l’autre, elle a contribué à faire naître les nouvelles fabriques de la lex sportiva que sont le Tribunal Arbitral du Sport et l’Agence Mondiale Anti-dopage.
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Young, Marie Elizabeth Magdalena. "Risk management in sport at selected secondary schools." Thesis, 2008. http://hdl.handle.net/10210/1343.
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M.Phil.South Africa’s re-admission into international sport has contributed to the increase in the number of participants in sport in the country. Government also aims to promote and deliver programmes to develop sport at all levels of participation. The bodies responsible for these programmes are also responsible for policy development in sport on national and local level but not for the development of policies in sport at secondary school level. It is the responsibility of the Department of Education and related bodies for sport at school level such as USSASA. Sport participation at secondary school level could lead to potential injuries or permanent disabilities. The South African Constitution (Act 108 of 1996) does not focus on the management of sport or risks within school sport as it does not deal with specific issues or social activities but only provides a broad framework regulating all social activities including sport. Safety in school sport becomes part of risk management and not enough emphasis is placed on minimising the risks of injuries and law suits against the management of schools or sport managers, coaches or administrators. The problem is thus to identify and assess current practices that are related to the management of school sport in order to recommend guidelines for policy, procedures and practices for risk management in sport at secondary schools in Gauteng. Out of a population of 450 secondary schools, a sample of n=170 schools were drawn. Only 37 questionnaires were returned, but the results obtained still provided meaningful insights with regard to the management of risks in sport. In evaluating current risks management practises through descriptive statistical methods the conclusion could be reached that in general sport managers are aware of the legal responsibility towards participants in sport and that there is a perceived need to enhance certain legal liability aspects at secondary schools.
Prof. C. Singh
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Singh, Chunderpal. "Tertiary sport and recreation : playing it safe." Thesis, 1999. http://hdl.handle.net/2263/25830.
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Ndlala, Mangena William. "The senior education manager's legal right to professional development." Thesis, 2002. http://hdl.handle.net/2263/29187.
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White, Benjamin J. "Readability of waiver of liability forms used in collegiate intramural and recreational sports programs." Thesis, 2002. http://hdl.handle.net/1957/31713.
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Properly written waiver of liability forms can be an effective tool in
decreasing injury liability of intramural and recreational sports programs. In order
for a waiver to be effective, (i.e., held up in court), participants must not only read
and sign the waiver, but they must understand it as well. Readability, the ease of
which text can be read and understood, is an important part of a well-written
waiver.
Waiver of liability forms should be written at a reading level consistent with
that of the intended audience. On average, students read three grade levels below
the last grade they completed in school. The highest grade level at which waiver of
liability forms written for use in college settings should be the 9th grade. The main
goal of this study was to assess the reading level of intramural and recreational
sport waiver of liability forms, and compare them to the 9th grade level.
Nine NIRSA member schools and nine non-NIRSA member schools from
each of the six NIRSA regions were randomly selected for inclusion in this study.
Following multiple mailings, the forms received were scanned into a computer, and
readability was assessed using the Readability Calculation software (Micro Power
& Light, Dallas, TX) for McIntosh. A one-sample t-test was performed to compare
the forms to the 9th grade reading level. Forms were written significantly higher
than the 9th grade level (t[26]=14.53, p<.0001). An analysis of variance was
performed to assess possible moderating variables (e.g., NIRSA membership status
and involvement of a risk management team in writing the waiver). No significant
differences were found. Font size was also measured, and forms were found to have
been written at a significantly higher level then the recommended 12 point font
(t[28]=-2.88, p<.01). This study brings into questions the efficacy of waiver of
liability forms used in many collegiate/university intramural and recreational sports
programs in the U.S.Graduation date: 2003
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Lourenço, Lucas Wagner. "Mercados desportivos profissionais e o Direito europeu da concorrência." Master's thesis, 2017. http://hdl.handle.net/1822/60878.
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Dissertação de mestrado em Direito dos Contratos e da EmpresaTendo-se em conta a controvérsia acerca da especialidade dos desportos na Comunidade europeia, bem como a exceção jurisprudencial criada para colocar regras puramente desportivas fora do âmbito de aplicação do Tratado de Funcionamento da União Europeia, este trabalho visa responder se o Direito da Concorrência europeu é aplicável aos desportos profissionais e, se sim, como. Parte-se da hipótese de que a flexibilidade da disciplina permite sua aplicação a todos os mercados, independente de modificações substanciais ou de exceções individuais. A metodologia utilizada foi o estudo bibliográfico e jurisprudencial.
Given the controversy about the so-called specialty of sports, and the "purely sporting rule" exception created by EU jurisprudence, which allocates those rules outside of the TFEU scope, this work aims to answer the following question: Does Competition Law applies to professional sports? If so, how? The initial hypothesis is that Competition Law has enough flexibility in order to be enforced in every market, with no need of substantial adjustments nor individual exceptions. To test this hypothesis, the methodology used was the bibliographic research and case law study.
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Dušek, Šimon. "Pracovněprávní problematika v oblasti profesionálního sportu." Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-437872.
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Title of the thesis: Labour law issues in the area of professional sports Abstract This thesis concerns the relationship between labour law and the specifics of sports and sports activities as a mass society-wide phenomenon with a significant overlap into law. Legislation in the Czech Republic still does not follow the global trend in the area of status of professional sportsmen, which is oriented towards the explicit recognition of sportsmen as employees so the sportsmen are provided with the highest amount of rights possible as the weaker parties in relation to sports clubs. On the contrary, the position of the Czech sportsmen within the legal system is still unclear and the desired clarification is not provided even by the relatively extensive case law of the Supreme Administrative Court. In the vast majority of cases, the Czech sportsmen use the status of self-employment. In general, this thesis will focus on professional team sports, especially the football environment, whose legal framework provides the most suitable sample to demonstrate theoretical conclusions contained herein. For the purposes of comparison, the practice of Great Britain and its legal structure of sports environment will be analysed. The first part of this work will focus generally on sports and its specifics, mainly its separation...
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Marques, Miguel Ribeiro da Mota. "Introducing a salary cap in UEFA´s professional football leagues : would the special status of lex sportiva prevail over EU law?" Master's thesis, 2018. http://hdl.handle.net/10400.14/27284.
Full textAbstract:
The relationship between the sporting governing bodies and the EU authorities has long
been a tumultuous one. Sporting governing bodies have supported most of their
controversial decisions on the doctrine of the specificity of sports, under which it has been
hard to define a threshold for the legality of their actions. The introduction of Article 165
TFEU in 2009 and several prominent case law by the CJEU has helped to sustain this
unique sui generis status of lex sportiva in the EU. In this context, the financial issues for
clubs have arisen as one of the main topics in this controversial matter. This thesis seeks to
embrace the specific issue of players’ salaries in European football leagues, which have
considerably increased in the recent past, and the acceptance of salary caps by EU law.
Players’ salaries represent the largest component of operating costs to club owners and
salary caps place a limit on the amount of money that a club can spend on players’ salaries.
Salary caps are a unique area for social, economic and legal studies, and its impact has
been widely acknowledged. This thesis provides a legal assessment on the current structure
of UEFA’s Financial Fair Play Regulations, with the break-even rule being considered as a
soft type of salary cap, as well as a legal assessment on the eventual introduction of a hard
salary cap. It concludes that the current Financial Fair Play Regulations are most likely in
breach of EU law and that a hard salary cap will be a better candidate to qualify for an
exemption under EU law and be deemed as legal. Nevertheless, it also concludes that the
commonly known US hard salary caps are in fact soft types of salary caps and that the
introduction of a truly hard salary cap in European football would be an innovative
solution resulting in an uncertain legal assessment provided in a case-by-case analysis by
the CJEU.
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Scott, Ronald W. "Attitudes toward, and perceptions of, consulting legal counsel by physical therapy professional education program directors." Thesis, 2004. http://hdl.handle.net/2152/1260.
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Spies, Jacobus Johannes. "Bestuursverantwoordelikhede van die skoolhoof ten opsigte van skoolsport : 'n juridies-opvoedkundige perspektief." Diss., 1992. http://hdl.handle.net/10500/16096.
Full textAbstract:
Die bestuursverantwoordelikhede van die skoolhoo ten
opsigte van skoolsport is vanuit 'n juridies-opvoedkundige perspektief ondersoek. Sport is
eerstens in 'n opvoed kundige perspektief geplaas en daar is onder andere gewys op die plek van
sport binne die onderwysstelsel en die waarde van sport vir die kind as opvoedeling. Daarna is
vanuit 'n bestuursperspektiebesin oar aangeleenthede wat verband hou met skoolsport, met
besondere verwysing na die bestuurstake van die skoolhoof. Die navorsing behels oak
'n bespreking van relevante juridiese aspekte en die implikasies daarvan vir skoolbestuur.
In die lig van die navorsing is riglyne neergelen aanbevelings gemaak wat grater
doeltreffendheid vir die bestuur van skoolsport tot gevolg sal h .The managerial responsibilities of the headmaster with regard to sport in schools have been examined from a juridical educational point-of-view. Firstly sport is viewed from an inter alia, its educational perspective in order to show, place and value to the child within the educational system. Secondly sport is considered from a managerial perspective in order to consider managerial responsibilities regarding school sports with special reference to the headmaster as manager of the shcool. Thirdly this research contains a discourse of relevant juridical aspects, and their implications regarding school management vis-a-vis the headmaster. In consequence, this research has led to guidelines and recommendations which should enable a headmaster to effect a more efficient system of management with regard to school sports.
Educational Leadership and Management
M. Ed. (Onderwysbestuur)
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Varela, Maria Helena Carvalho Athayde. "Assédio moral no futebol profissional." Master's thesis, 2015. http://hdl.handle.net/10071/10450.
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O nosso estudo debruça-se sobre o fenómeno do assédio moral no contexto específico do futebol profissional.
Procuramos através da exposição e análise de casos reais esclarecer os contornos próprios que esta prática assume no seio das relações de trabalho jurídico-desportivas.
Constatamos que no caso destes profissionais o assédio tem formas de manifestação próprias, intenções específicas e consequências distintas que reclamam uma análise e tratamento diferenciado face ao assédio nas relações de trabalho comuns.
A grande maioria das situações inicia-se com a violação do direito de ocupação efetiva do jogador de futebol profissional, e contrariamente ao que é usual neste tipo de prática, visa coagi-lo a renovar o seu contrato de trabalho findo o prazo de vigência e/ou a aceitar uma renegociação do mesmo em condições mais vantajosas para o clube. Circunstâncias que têm na sua vida profissional, marcadamente curta e intensa, repercussões muito sérias e graves, podendo, em casos mais extremos, comprometer a evolução da sua carreira profissional.Our study focuses on the phenomenon of mobbing in the specific context of professional football. We seek to clarify the specific outlines assumed by this practice inside the judicial professional sports work relationships, which we carry out through the elucidation and analysis of real cases. We conclude that, in the case of these professionals, mobbing is expressed in peculiar forms, having specific intentions and distinctive consequences, which claim for distinctive treatments and analysis. This mobbing differs from the one that occurs in ordinary work relationships. The great majority of incidents begins with the violation of the professional footballer’s right to “effective occupation” and, contrarily to what is usual in this practice, it intends to coerce him to renew his employment agreement upon its termination and/or to compel him to accept a re-negotiation, with more advantageous terms and conditions in favour of the club. These circumstances have serious and severe repercussions on a footballer's short and intense professional life. In more severe cases, it may even affect the evolution of his professional career.