我国职业足球运动员的劳动者地位和劳动法保护

职业足球运动员虽然与职业足球俱乐部具有劳动关系的属性,但在人力资源上具有不同于一般劳动者的特征,作为劳动法中的特殊劳动者,应当纳入劳动法的保护范围。基于职业足球运动员劳动权益保护的特殊需求,劳动法在实体法上应当对职业足球运动员的就业自由权、工资收入、工伤赔偿、工会组织等问题作出特别规定;在程序法上应当将职业足球运动员与职业足球俱乐部的劳动争议纳入劳动争议处理程序,并就其劳动争议处理体制作出特殊设计。     

Investigating the incidence of sexual assault in martial arts coaching using media reports

The rapidly expanding martial arts industry, which is presently unregulated within the United States, has seen multiple coaches convicted of sex offenses in recent years. However, there is currently no existing literature on sexual assault within the martial arts industry. We used major search platforms to collect media reports concerning martial arts coaches who were convicted of sex offenses within the United States. We analyzed the reports for information concerning the perpetrators, victims, and offenses as a first step toward filling the need for insight in this area. We found that a significant number of convicted sex offenders resumed martial arts coaching following initial law enforcement intervention.     

Sporting Justifications under EU Free Movement and Competition Law: The Case of the Football ‘Transfer System’

Governing bodies have significant autonomy in the organisation of professional sport in the EU, a situation now supported by Article 165 TFEU. However the post‐Lisbon competence for sport does not grant any exemption for practices that infringe fundamental freedoms or competition law; such infringements can only be justified where they are a proportionate response to an inherent need in that sport. The football ‘transfer system’ has been the subject of a series of EU law challenges, but continues to place obstacles in the way of the free movement of players between Member States and may restrict the ability of most clubs to compete for the elite players. Court of Arbitration for Sport decisions in transfer dispute cases have entrenched this situation, and recent evidence casts doubt on both the ability of the authorities to justify the current system and the 2001 decision by the European Commission to sign it off as being an acceptable balance between the rights of the stakeholders.     

Accommodating Intersexuality in European Union Anti‐Discrimination Law

This article considers the relationship between EU anti‐discrimination law and intersexuality. Recent changes in German legislation that recognise intersexuality have prompted consideration of sex and gender throughout Europe. This article considers some of the disadvantages in the way the German legislation has been adopted and attempts to remedy them through the existent Recast Directive. The article rejects the current binary approach to sex and gender and recommends a broader interpretation that understands sex as a spectrum or continuum. It concludes that anti‐discrimination law may be a more suitable realm for questions of intersex to be raised than mandatory state documentation. Anti‐discrimination law is preferable, it is submitted, because it offers individuals an opt‐in model, which does not require any medical ‘proof’. Similarly, anti‐discrimination law offers activists a fluid site of resistance that is not based on medicine or the potential fixity of the birth certificate.     

试论中国足协在行政法上的地位

中国足协是一个市场经济的产物,是中国足球迈向职业化的一个新事物。作为履行公共职能的非政府组织,中国足协对其成员的管理却带有很强的行政性,中国足协就是一个国家事业单位性质的官办社团。由于目前并没有给中国足协一个明确的法律地位,当中国足协与其会员发生体育纠纷时,没有一个有效而合理的纠纷解决机制。本文在分析当前这一弊端后,尝试提出建立体育(足球)仲裁制度。     

中国足协作为行政诉讼主体的法理分析

本文主要从四个方面阐述了中国足协作为行业性社会团体,具备行政诉讼被告的主体条件,理应承担相应的法律责任。     

Trafficking? Exploring the relevance of the notion of human trafficking to describe the lived experience of sex workers in Cape Town,South Africa

This article reports on the findings of a study of the sex work industry in Cape Town that was undertaken by the Institute for Security Studies (ISS) and the Sex Worker Education and Advocacy Taskforce (SWEAT) between 2006 and 2008. The study employed qualitative and quantitative methods to gather data about inter alia, the size of the sex work industry in Cape Town, working conditions in the industry, recruitment practices, factors that resulted in women working in the industry, and the extent of human trafficking in the industry. This article reports on the methods used and the findings. It concludes by arguing that the concept of trafficking is not useful as it does not reflect the lived experience of the majority of sex workers, and does not take the state or society any closer to dealing with exploitation and abuse that occurs in the industry.     

Trailblazers and Those That Followed: Personal Experiences,Gender, and Judicial Empathy

This article investigates one causal mechanism that may explain why female judges on the federal appellate courts are more likely than men to side with plaintiffs in sex discrimination cases. To test whether personal experiences with inequality are related to empathetic responses to the claims of female plaintiffs, we focus on the first wave of female judges, who attended law school during a time of severe gender inequality. We find that female judges are more likely than their male colleagues to support plaintiffs in sex discrimination cases, but that this difference is seen only in judges who graduated law school between 1954 and 1975 and disappears when more recent law school cohorts of men and women judges are compared. These results suggest that the effect of gender as a trait is tied to the role of formative experiences with discrimination.     

Sacred Spaces,Sacred Words: Religion and Same‐sex Marriage in England and Wales

This article provides an analysis of the ways in which the spatial and illocutionary requirements of English marriage law – which regulate the spaces in which marriages may be solemnized and the words the parties being married must speak – have been used to maintain distinctions between same‐sex and opposite‐sex couples. It shows how religious opponents of same‐sex partnership recognition have relied upon historically entrenched differences between the spatial and illocutionary aspects of ‘civil marriage’ and ‘religious marriage’ to argue in favour of the enactment of law that enables organized religions to exclude same‐sex couples from religious premises and ceremonies that are open to opposite‐sex couples for the purpose of solemnizing marriage. It extends recent international debates about how faith‐based discrimination against same‐sex couples is accommodated by legislators and legitimized by law, and concludes with a consideration of how English law could be amended to end discrimination based on sexual orientation.     

Towards a Sociological Understanding of Football Hooliganism as a World Phenomenon

In this article a sociological diagnosis of football hooliganism as a world phenomenon is given. The author uses mainly English (newspaper) data about football violence (in and outside England) as an empirical base to explore how hooliganism can be theorised and understood. These data can usefully serve as a rough indication of the worldwide incidence of football hooliganism in the twentieth century. The author favours the figurational/process-sociological approach to football hooliganism which is historical and developmental. It also involves an exploration of the meanings of hooligan behaviour via an analysis of verbatim statements by the hooligans themselves, locates the football hooligans in the overall social structure, especially the class system, and examines the dynamics of the relationship between them and groups in the wider society. It is important, nevertheless, to stress that it is unlikely that the phenomenon of football hooliganism will be found always and everywhere to stem from identical social roots. As a basis for further, cross-national research, it is reasonable to hypothesise that the problem is fuelled and contoured by, among other things, what one might call the major 'fault-lines' of particular countries. Effective policies are urgently needed if the great social invention of football is to be protected from the serious threat posed by a combination of hooligan fans, complacent politicians and money-grabbing owners, managers and players.     

Privacy, Efficiency, and the Equality of Men and Women: A Revisionist View of Sex Discrimination in Employment

The Supreme Court's decision in City of Los Angeles Department of Water and Power v. Manhart has engendered a considerable debate, much of which has appeared in the pages of this Journal. Defenders of the Manhart decision take its critics to task for failure to appreciate the place of that decision in the overall jurisprudence of employment discrimination. In this article, the authors challenge the underlying conception of the law of sex discrimination that is said to dictate the result in Manhart. Far from erecting a per se rule against all sex classifications, the Civil Rights Act of 1964 is shown to recognize both the relevance of prevalent social norms about sex differences and the legitimacy of certain interests of employers as limited justifications for the maintenance of sex-conscious lines in some circumstances, a recognition that contrasts sharply with the statute's categorical prohibition on racial classifications. It follows from this discussion that Manhart's outcome was not ordained by the ethos of the laws against sex discrimination.     

Combatting Child Sexual Maltreatment: Advances and Obstacles in International Progress*

Child sexual maltreatment now violates international law. This is an incredible development. International law no longer limits itself to sex crimes that have explicit international dimensions, such as child abduction, child trafficking, and sex tourism. International law now aims to halt practices that are more clearly domestic. These practices include Western conceptions of “child sexual abuse” such as incest and child rape. More controversially, prohibited practices also include those that large segments of certain societies may view as normal and even necessary to proper socialization, such as child marriages and gender-related rituals. This article explores these developments and highlights obstacles that may be encountered in attempts to protect children from sexual maltreatment.     

To fix or not to fix? How corruptors decide to fix football matches

This paper examines the decisions of the internal corruptors in fixing football games. The methodology is a mixture of interviews, database analysis and examination of a specific series of taped phone calls of a corrupt Russian football official. It finds that generally, this type of match-fixing occurs only after a specific point in the season. There are five implicit questions that corruptors must answer: is the game important enough to fix? Is it morally ethical? Can my team win honestly? Can I afford to fix the game? If I am caught is there a high risk of sanctions? The second section of the paper examines the question of who to bribe? The data indicate that out of the three possible options – referees, players and team officials – the best chance of delivering a successful fix are the team officials. The final section is an examination of the use trust, favour banks and guarantors among the team officials who are willing to sell matches.     

Insurance Discrimination on the Basis of Health Status: An Overview of Discrimination Practices, Federal Law, and Federal Reform Options

Actuarial underwriting, or discrimination based on an individual's health status, is a business feature of the voluntary private insurance market. The term "discrimination" in this paper is not intended to convey the concept of unfair treatment, but rather how the insurance industry differentiates among individuals in designing and administering health insurance and employee health benefit products. Discrimination can occur at the point of enrollment, coverage design, or decisions regarding scope of coverage. Several major federal laws aimed at regulating insurance discrimination based on health status focus at the point of enrollment. However, because of multiple exceptions and loopholes, these laws offer relatively limited protections. This paper provides a brief overview of discrimination practices, the federal law, and federal reform options to manage discriminatory practices in the insurance and employee health benefit markets.     

Implications of genetic testing: discrimination in life insurance and future directions

This article examines the possibility of genetic discrimination in life insurance and discusses the inability of current Australian legislation to deal adequately with genetic test result information. Genetic information has certain features that distinguish it from other medical information and thus a specialist legislative package is required to regulate its use. This article outlines how current practices in the life insurance industry are inconsistent with notions of human rights. Several legislative options are suggested and examined. Given the negative and damaging impact that adverse selection is likely to have on the life insurance industry should the use of all genetic test results be prohibited, an approach which modifies the current regime is recommended. This includes a comprehensive review scheme and the introduction of additional insurance products tailored to individuals suffering from various genetic illnesses or predispositions to future disease.     

我国足球职业化改革的历史回顾与发展对策——兼论足球体制改革发展趋势

本文对我国足球职业化改革的历史进行了回顾,总结了影响我国足球职业化改革的几个重要因素,在此基础上,提出符合我国实际情况、促进我国足球职业化稳步进行、推动我国足球体制改革的相关建议。     

Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

The purpose of this article is to highlight the experiences of transgender people within the criminal justice system as both victims and offenders. We contend that queer criminology is both needed and can assist in exploring the experiences of this unique population who face discrimination within the US criminal justice system and who are often ignored within criminological research. The article will provide an overview of transgender people’s general experiences within the criminal justice system and explore influences of cultural stereotypes about transgender people by examining the cases of three transgender victims of violence—Brandon Teena, Gwen Araujo, and Cece McDonald. This article highlights the importance of concepts such as sex, gender, transpanic, transphobia, victim-blaming, and the responses by key players in the criminal justice system (police, courts, and corrections) to transgender victims and offenders.     

The Right to Counsel in Juvenile Court: The Conundrum of Attorneys as an Aggravating Factor at Disposition

In re Gault provided procedural safeguards in juvenile courts, including the right to counsel. Decades later, judges continue to resist appointing lawyers. And, when they do appoint counsel, lawyers appear to be an aggravating factor when judges sentence youths. In 1995, Minnesota enacted law reforms, including mandatory appointment of counsel. As a cost‐saving strategy, the law also converted most misdemeanors into status offenses and restricted judges’ sentencing authority in order to deny juveniles a right to counsel. This study compares how juvenile courts processed 30,270 youths in 1994—the year before the changes—with how they processed 39,369 youths in 1999 after the amendments. We assess changes in appointment of counsel and their impact on sentencing practices. We report inconsistent judicial compliance with the mandate to appoint counsel and a positive decrease in the number of youths removed from home.     

Judicial scrutiny of gender-based employment practices in the criminal justice system

Purpose

This article examines employment practices of criminal justice agencies within state and federal court decisions that have interpreted sex discrimination claims under Title VII of the 1964 Civil Rights Act.

Methods

After collecting and analyzing appellate court cases through the LEXIS-NEXIS and WESTLAW databases, the article examines lower state and federal court decisions that have been applied by the U.S. Supreme Court to criminal justice workplaces.

Results

The findings show that employment practices are valid if the employer can demonstrate: first, the disputed discriminatory action is based on considerations not solely dependent on the plaintiff's gender; and second, such considerations are more than mere pretext, making them justifiable under the circumstances.

Conclusions

Courts have considered a wide range of employer practices in both law enforcement and corrections agencies at various stages of the employment process, such as hiring, assignment of duties, promotion, discipline, and termination. Title VII is violated when the employers’ adverse employment action is motivated by discriminatory intent and is based on gender stereotypes. Even so, employment actions are legal when employers prove their employment actions are not based on sex stereotypes, but are either business-related or justified by “legitimate,” “important,” or “compelling” interests.