The Olympics, transnational law and legal transplants: the International Olympic Committee, ambush marketing and ticket touting

This paper concerns the origination, development and emergence of what might be termed ‘Olympic law’. This has an impact across borders and with transnational effect. It examines the unique process of creation of these laws, laws created by a national legislature to satisfy the commercial demands of a private body, the International Olympic Committee (IOC). It begins by critically locating the IOC and Olympic law and examining Olympic law as a transnational force. Using two case studies, those of ambush marketing and ticket touting, it demonstrates how private entities can be the drivers of specific, self-interested legislation when operating as a transnational organisation from within the global administrative space and notes the potential dangers of such legal transplants.

EU Criminal Law and Enlargement

Since creation of the European Communities the number of Member States has gradually increased from the original six to current twenty-eight. Enlargement has become an EU’s flagship external policy, demonstrating the EU’s ability to shape its neighbourhood and to serve as a catalyst of deep and multilayered reforms. The consecutive seven enlargement rounds went in parallel with widespread internal developments, culminating with the creation of the European Union and, most recently, entry into force of the Treaty of Lisbon. As this volume demonstrates, EU criminal law has evolved considerably from its early days under the legal framework laid down by the Treaty of Maastricht to its current post-Lisbon shape. On 1 December 2014, that is with expiry of a five year transitional regime for the jurisdiction of the Court of Justice, Police and Judicial Co-operation in Criminal Matters became a fully fledged EU policy, governed largely by the same modus operandi as other areas of EU competence and with compulsory jurisdiction of the Court of Justice. As EU criminal law developed internally, so did its external dimension, including the role it plays in the enlargement policy. In case of the latter the expiry of the same transitional period has brought to an end a rather anomalous situation whereby the European Union had more enforcement tools before and after accession vis-à-vis its future/new Member States than it could employ against the old ones. This bifurcation, quite rightly, triggered a lot of discussions about double standards used by the European Union in its pre-accession policy. This is exacerbated by the fact that some of those standards are neither defined in EU law, nor pursued vis-à-vis the existing EU’s Member States. The aim of this chapter is to demonstrate that evolution with particular emphasis on the role of EU Criminal Law in the policy currently employed by the European Union vis-à-vis candidate and potential candidate countries of the Western Balkans and to Turkey. Arguably, together with political conditionality, it has become one of the pillars of the enlargement process and, as the examples of accession negotiations with Montenegro and Serbia prove, its role is likely to increase as rapprochement of other candidates and potential candidates progresses to the next stages.

Power law and entropy analysis of catastrophic phenomena

Catastrophic events, such as wars and terrorist attacks, tornadoes and hurricanes, earthquakes, tsunamis, floods and landslides, are always accompanied by a large number of casualties. The size distribution of these casualties has separately been shown to follow approximate power law (PL) distributions. In this paper, we analyze the statistical distributions of the number of victims of catastrophic phenomena, in particular, terrorism, and find double PL behavior. This means that the data sets are better approximated by two PLs instead of a single one. We plot the PL parameters, corresponding to several events, and observe an interesting pattern in the charts, where the lines that connect each pair of points defining the double PLs are almost parallel to each other. A complementary data analysis is performed by means of the computation of the entropy. The results reveal relationships hidden in the data that may trigger a future comprehensive explanation of this type of phenomena.

Weight status and gender-related differences in motor skills and in child care - based physical activity in young children.

Over the last decades, a decline in motor skills and in physical activity and an increase in obesity has been observed in children. However, there is a lack of data in young children. We tested if differences in motor skills and in physical activity according to weight or gender were already present in 2- to 4-year-old children. Fifty-eight child care centers in the French part of Switzerland were randomly selected for the Youp'là bouge study. Motor skills were assessed by an obstacle course including 5 motor skills, derived from the Zurich Neuromotor Assessment test. Physical activity was measured with accelerometers (GT1M, Actigraph, Florida, USA) using age-adapted cut-offs. Weight status was assessed using the International Obesity Task Force criteria (healthy weight vs overweight) for body mass index (BMI). Of the 529 children (49% girls, 3.4 ± 0.6 years, BMI 16.2 ± 1.2 kg/m2), 13% were overweight. There were no significant weight status-related differences in the single skills of the obstacle course, but there was a trend (p = 0.059) for a lower performance of overweight children in the overall motor skills score. No significant weight status-related differences in child care-based physical activity were observed. No gender-related differences were found in the overall motor skills score, but boys performed better than girls in 2 of the 5 motor skills (p ≤ 0.04). Total physical activity as well as time spent in moderate-vigorous and in vigorous activity during child care were 12-25% higher and sedentary activity 5% lower in boys compared to girls (all p < 0.01). At this early age, there were no significant weight status- or gender-related differences in global motor skills. However, in accordance to data in older children, child care-based physical activity was higher in boys compared to girls. These results are important to consider when establishing physical activity recommendations or targeting health promotion interventions in young children.

The influence of physical attractiveness and gender on perceived competence of sportscasters

The media tends to represent female athletes as women first and athletes second (Koivula, 1 999). The present study investigated whether this same trend was present for female sportscasters, using a self-presentational framework. Self-presentation is the process by which people try to control how others see them (Leary, 1995). One factor that may influence the type of image they try to project is their roles held in society, including gender roles. The gender roles for a man include dominance, assertiveness, and masculinity, while the gender roles for a woman include nurturer, femininity, and attractiveness (Deaux & Major, 1 987). By contrast, sports broadcasters are expected to be knowledgeable, assertive, and competent. Research suggests that female sports broadcasters are seen as less competent and less persuasive than male sports broadcasters (Mitrook & Dorr, 2001; Ordman & Zillmann, 1994, Toro, 2005). One reason for this difference may be that the gender roles for a man are much more similar to those of a sportscaster, compared to those of a woman. Thus, there may be a conflict between the two roles for women. The present study investigated whether the gender and perceived attractiveness of sportscasters influenced the audience's perceptions of the level of competence that a sportscaster demonstrates. Two hundred and four male (n =75) and female (n =129) undergraduate students were recruited from a southern Ontario university to participate in the study. The average age of the male participants was 21 .23 years {SD =1 .60), and the average age for female participants was 20.67 years {SD = 1 .31). The age range for all participants was from 19 to 30 years {M = 20.87 years, SD = 1 .45). Af^er providing informed consent, participants randomly received one of four possible questionnaire packages. The participants answered the demographic questionnaire, and then proceeded to view the picture and read the script of a sports newscast. Next, based on the picture and script, the participants answered the competence questionnaire, assessing the general, sport specific, and overall competence of the sportscaster. Once participants had finished, they returned the package to the researcher and were thanked for their time. Data was analyzed using an ANOVA to determine if general sport competence differs with respect to gender and attractiveness of the sportscaster. Overall, the ANOVA was non-significant (p > .05), indicating no differences on the dependent variable based on gender (F (3, 194) = .631, p = .426), attractiveness (F (3, 194) = .070, p = .791), or the interaction of the two {F (3, 194) = .043,/? = .836). Although none of the study hypotheses were supported, the study provided some insight to the perceived competence of female sportscasters. It is possible that female sportscasters are now seen as competent in the area of sports. Sample characteristics could also have influenced these results; the participants in the current study were primarily physical education and kinesiology students, who had experience participating in physical activity with both men and women. Future research should investigate this issue further by using a video sportscast. It is possible that delivery characteristics such as voice quality or eye contact may also impact perceptions of sportscasters.

Engineers and technicians : the effect of cognitive style and gender on visual information processing

The purpose of this project was to identify in a subject group of engineers and technicians (N = 62) a preferred mode of representation for facilitating correct recall of information from complex graphics. The modes of representation were black and white (b&w) block, b&w icon, color block, and color icon. The researcher's test instrument included twelve complex graphics (six b&w and six color - three per mode). Each graphics presentation was followed by two multiple-choice questions. Recall performance was better using b&w block mode graphics and color icon mode graphics. A standardized test, the Group Embedded Figures Test (GEFT) was used to identify a cognitive style preference (field dependence). Although engineers and technicians in the sample were strongly field-independent, they were not significantly more field-independent than the normative group in the Witkin, Oltman, Raskin, and Karp study (1971). Tests were also employed to look for any significant difference in cognitive style preference due to gender. None was found. Implications from the project results for the design of visuals and their use in technical training are discussed.

Buddy films and gender identity : representing the bonds of masculinity /

The study examines the buddy film genre and the representation of masculinity in relation to the homosocial and the homoerotic. As a genre, the buddy films focus on male relationships, thematically seeking to mediate the boundaries surrounding the homosocial continuum and the intimacy and eroticism implicit in male bonding. Theories of genre, gender and identity are used to analyze the construction of masculine identity within the films. By providing a qualitative analysis of films from the 1960s to contemporary times, the research establishes a relationship between social changes, attitudes toward men and depictions of men. The buddy films adapt to address changes in the representation of masculinity, embodied in the difference between the male couple in the films. The early films of the 1960s served as templates that deconstructed traditional representations of male identity through articulating the tension within homosocial relationships. However, in the later films this tension became a refle~ive convention, acting to undermine the eroticism onto a displaced Other. The buddy film genre highlights the tension inherent to the male masquerade. This tension is situated in the need to represent the protagonist's homosocial relationship, while disavowing the eroticism that surrounds homosocial bonding. The structure of the buddy film genre, which focuses on the exploration of masculinity and representing the bonds of homosocial intimacy, makes these films a significant site for investigating the cultural construction of masculine identities.

Fitness to stand trial : how discourses of rationality, reasonableness and culpability inform the law and psychiatry to create standards of normal

The objective of this thesis is to demonstrate the importance of the concepts of rationality, reasonableness, culpability and autonomy that inform and support our conception of both the person and the punishable subject. A critical discourse analysis tracing these concepts through both the law and psychological tools used to evaluate the fitness of a person reveals that these concepts and their implied values are inconsistently applied to the mentally disordered who come into conflict with the law. I argue that the result of this inconsistency compromises a person's autonomy which is a contradiction to this concept as a foundational principle of the law. Ultimately, this thesis does not provide a solution to be employed in policy making, but its analysis leaves open possibilities for further exploration into the ways legal and social justice can be reconciled.

The law and economics of good faith in the civil law of contract

Good faith plays a central role in most legal systems, yet appears to be an intractable concept. This article proposes to analyse it economically as the absence of opportunism in circumstances which lend themselves to it. One of the objectives underlying the law of contract on an economic view is to curtail opportunism. In spelling out what this means, the paper proposes a three-step test: bad faith is present where a substantial informational or other asymmetry exists between the parties, which one of them turns into an undue advantage, considered against the gains both parties could normally expect to realise through the contract, and where loss to the disadvantaged party is so serious as to provoke recourse to expensive self-protection, which significantly raises transactions costs in the market. The three-step test is then used to analyse a set of recent decisions in international commercial transactions and three concepts derived from good faith: fraud, warranty for latent defects and lesion.

The Law and Economics of the Civil Law of Mandate

Présentation à la Annual Law & Economics Conference 2007, Université de Bologne.