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‘Sports Law’: Implications for the Development of International, Comparative, and National Law and Global Dispute Resolution

54 Pages Posted: 16 Jun 2010  

Matt Mitten

Marquette University - Law School

Hayden Opie

Melbourne Law School

Date Written: June 16, 2010

Abstract

In this article we observe that legal regulation of national and international sports competition has become extremely complex and has entered a new era, which provides fertile ground for the creation and evolution of broader legal jurisprudence with potentially widespread influence and application. Our principal aim is to draw these developments to the attention of legal scholars and attorneys not necessarily familiar with sports law. Specifically, the evolving law of sports is having a significant influence on the development of international and national laws, is establishing a body of substantive legal doctrine ripe for analysis from a comparative law perspective, and has important implications for global dispute resolution. For example, the global processes used to establish an international sports anti-doping code and to resolve a broad range of Olympic and international sports disputes (which is rapidly creating a body of private international law) provide paradigms of international cooperation and global law-making. In addition, judicial resolution of sports-related cases may develop jurisprudence with new applications and influence. Our objective is to generate greater awareness of the importance of sports, not only as a worldwide cultural phenomenon and a significant part of the 21st century global economy, but as a rich source of international and national public and private laws that provide models for establishing, implementing, and enforcing global legal norms.

Keywords: sports law, sports, olympics, anti-doping

Suggested Citation

Mitten, Matt and Opie, Hayden, ‘Sports Law’: Implications for the Development of International, Comparative, and National Law and Global Dispute Resolution (June 16, 2010). Tulane Law Review, Forthcoming; Marquette Law School Legal Studies Paper No. 10-31; U of Melbourne Legal Studies Research Paper No. 483. Available at SSRN: https://ssrn.com/abstract=1625919

Matthew J. Mitten (Contact Author)

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States

Hayden Opie

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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