CURRICULUM VITAE FOR DR MARK JAMES
Address:
Tel:
Email:
Salford Law School, The University of Salford, Maxwell Building,
Salford, M5 4WT.
0161 295 4817
Fax:
0161 295 3102
m.d.james@salford.ac.uk
Qualifications:
Date Award and Institution
2002 Postgraduate Certificate in Education (Further, Adult and Higher
Education), Manchester Metropolitan University.
2001 PhD ‘Consent to injury and an exemption for contact sports’
Anglia Polytechnic University.
1994 Bar Vocational Course (very competent)
Bar Council of England and Wales
1992 LLB (Hons) 2:1
University of Leeds
Memberships
Society of Legal Scholars.
Socio-Legal Studies Association.
Lancashire Rugby Football Union Disciplinary Tribunal Member.
Lincoln’s Inn.
Registered Practitioner of the Higher Education Academy.
PUBLICATIONS LIST AND CURRENT RESEARCH
Books – co-authored
2005 Statutes on Criminal Law 2005-6, Exeter: Law Matters Publishing.
2005 Sports Law, London: Cavendish Publishing, 3rd edition.
2001 Sports Law, London: Cavendish Publishing, 2nd edition.
1998 Sports Law, London: Cavendish Publishing.
Books – chapters contributed
2005 ‘Virtually foul or virtually fair? FIFA, fair play, fouling and football
games’ in S Greenfield & G Osborn (Eds), Readings in Law and
Popular Culture, London: Routledge.
2003 ‘Sports Participation & the Criminal Law’ in A Lewis & J Taylor (Eds),
Sport: Law & Practice, London: Butterworths
2000 ‘Player Violence & Injuries’ in D McArdle, Football, Society & the Law,
London: Cavendish Publishing.
Publications - refereed
2006 ‘Liability for professional athletes’ injuries: a comparative analysis of
where the risk lies’ (2006) 1 Web JCLI, online.
2005 ‘Are you experienced? Playing cultures, sporting rules and personal
injury litigation after Caldwell v Maguire’ (2005) 13 Tort L Rev 193, with
Dr David McArdle.
2004 ‘Player Violence or Violent Players? Vicarious Liability for Sports
Participants’, (2003) 12(3) Tort L Rev 131, with Dr David
McArdle.
2002 ‘The Trouble with Roy Keane’ (2002) 1(3) Entertainment Law 72.
2000 ‘Infringing a Spectator’s Rights under the European Community Treaty’
(2000) 7 Human Rights 19, with Siobhan Leonard.
1997 ‘Prosecuting Sportsfield Violence: A British Perspective’ (1997) 7(2)
Journal of the Legal Aspects of Sport 81. This article was awarded the
student research award for 1997.
1997 ‘Touchlines & Guidelines: The Lord Advocate’s Response to
Sportsfield Violence’ [1997] Crim LR 41, with Simon Gardiner.
Publications - other
2006 ‘The
Premier
League-European
Commission
Broadcasting
Negotiations’ (2006) 4(1) Entertainment and Sports Law Journal,
online.
2004 ‘Wattleworth v GRRC, MSA and FIA’ (2004) 4(4) ECL Rep 23.
2004 ‘Injury: The Growth in Litigation’ (2004) 2(7) WSLR 6.
2003 ‘Sports Torts and the Development of Negligence in England’ (2003)
ISLJ 17.
2003 ‘Referees, Scrums & Spinal Injuries’ [2003] NLJ 166.
2002 ‘The Standard of Care in Sports Negligence Cases’ (2002) 1(1)
Entertainment Law 104 with Fiona Deeley.
2001 ‘Sports Safety’ (2001) 4(5) SLB 7.
2001 ‘Care on the Court’ (2001) 145(35) Sol J 864, with Fiona Deeley.
2000 ‘Curbing Football Hooliganism’ [2000] NLJ 968, with Siobhan Leonard.
2000 ‘The Problems of Gender Re-Registration’ co-author of Annex 3 of the
Report of the Interdepartmental Working Group on Transsexual
People, http://www.homeoffice.gov.uk/ccpd/wgtrans.pdf.
1999 ‘Sports Injuries: No Fault Insurance – Kill or Cure for Sport?’ (1999)
2(1) SLB 10.
1998 ‘Women in Sport’ (1998) 6(1) S&LJ 61.
1996 ‘More than just a foul’ (1996) Vol 7(2) For the Record 5, Official
Newsletter of the National Sports Law Institute.
1996 ‘Prosecutorial Discretion & Sportsfield Violence’ (1996) 23 Criminal
Justice Matters.
1995 ‘The Prosecutor’s Dilemma’ (1995) 3(3) S&LJ 60.
Conference papers - refereed
2005 ‘Liability for professional athletes’ injuries: a case study of tort laws in
the Member States.’ 35th Annual Conference of the University
Association for Contemporary European Studies, University of Zagreb.
I received a British Academy Travel Grant to attend this Conference.
2005 ‘Moving the goalposts: time for the governing bodies to take
responsibility.’ Keynote lecture, The State of Play, University of Central
Lancashire.
2004 ‘Playing cultures, volenti and the tort law lottery: reflections on the UK
‘Rugby Cases.’
Congress of the Sport and Recreation Law
Association, Las Vegas, jointly with Dr David McArdle.
2003 ‘The growing use of negligence in the regulation of sports injuries’ 11 th
Congress of the European Association of Sports Managers, Stockholm
University of Physical Education and Sports.
1999 ‘Kicking Rights into Touch’ 1st International Conference on Sport &
Human Rights, University of New South Wales.
1997 ‘Prosecuting sportsfield violence: a British perspective.’ Society for the
Study of Legal Aspects of Sport & Physical Activity, South Eastern
University, Orlando. I was awarded the student writing prize for this
paper and $1000 to attend the conference.
Conference papers - other
2005 ‘Winning – at what cost? The cost of injuries to the organisers of
sport.’ Keynote lecture, Winning – at what cost? Chelsea School,
University of Brighton.
2005 ‘Teaching legal aspects of sport’ Higher Education Academy,
Hospitality, Tourism, Sport and Leisure Network, Leeds Metropolitan
University.
2005 ‘Contemporary issues in Sports Law: sports law, sports injuries and
sports images.’ CPD session, Hong Kong University.
2003 ‘Sports injuries and the law’, contributed presentation to Legal Network
Television CPD video series.
2001 ‘Virtually foul or virtually fair?’ Socio-Legal Studies Association Annual
Conference, University of Bristol.
1997 ‘Comparing the Punishment of Violence & Drug-Taking in Sport.’
Socio-Legal Studies Association Annual Conference, Cardiff University,
with John O’Leary.
1997 ‘Images of women in sport.’ Action on Women in Sport, Manchester
Metropolitan University.
1996 ‘Une étude comparée des méthodes des sanctions et de réparation
des préjudices sportifs au course du jeu.’ Centre du Droit et
d’Economie du Sport, University de Limoges.
1996 ‘Sports Field Violence & the Criminal Law.’ National Sports Law
Institute, Marquette University.
Current Research
My current research projects are focusing on the development of tortious
liability for sports injuries and the way that specialist sports insurance is
impacting on sports-related litigation. In particular I am investigating the
changing nature of the standard of care in sports injury cases and the
interplay between insurance and litigation in claims arising out of catastrophic
injuries in rugby matches.
I am also examining the changing nature of the role of consent in criminal law
cases involving sports injuries following the recent decision of the Court of
Appeal in R v Barnes [2004] EWCA Crim 3246. This work builds on previous
research that I have conducted in this area.
In the run up to the FIFA World Cup, I am conducting a review of the legality
and effectiveness of Football Banning Orders. I am examining the reasons
given in court for granting applications to impose these Orders when the
defendant has not been convicted of any criminal offence yet it is considered
that there is sufficient evidence to impose travel restrictions on someone only
suspected of involvement in football related violence.
Guest Lectures
I am a regular guest lecturer on the University of Liverpool’s MBA (Football
Industries), on Anglia Polytechnic’s LLM (International Sports Law) and the
Postgraduate Certificate (Sports Law) at King’s College, London. I have given
staff seminar papers at Loughborough University, the University of Central
Lancashire, the University of Gloucester and Anglia Polytechnic University. At
MMU, I lecture outside of the School of Law on the MSc (Sport and Exercise
Science) and on the BA (Criminology and Sociology) and BA (Criminology
and Contemporary Culture). As part of an exchange agreement with the
Hong Kong University, I am a Visiting Lecturer at HKU, where I teach Criminal
Law on the Graduate Diploma in Law and CPD sessions in Sports Law.
Consultancy
I have provided advice to the Greater Manchester Sports Partnership on the
casual employment of sports coaches, to Schillings Solicitors on doping cases
involving professional sports participants and to the Romanian Olympic
Committee on the development of their ethical policies on anti-doping and
anti-discrimination. In 2004, I was contacted by the Chinese Olympic
Committee about developing Sports Law courses for Chinese Lawyers in the
run up to the 2008 Olympic Games. I have also lead seminars at Addleshaw
Booth and Co Solicitors on the impact of the Football (Disorder) Act 2000, and
been interviewed by BBC News, most recently on the legality of UEFA’s
proposal that teams include a specific number of ‘homegrown’ players.
I was a member of MMU’s team from the School of Law which worked with
the British Council in Syria, helping the Faculty of Law at the University of
Damascus modernise its M-level courses and providing research training to
both staff and students, particularly in the field of International Law and
Human Rights.
Editorships
I am one of the founding Editors of the Entertainment and Sports Law Journal
and was from 1999-2004 the Assistant Editor of the Sport and the Law
Journal.
Postgraduate Research Degrees Supervised to Completion
LLM
‘Police culture and masculinity.’
‘The reform of police culture following miscarriages of justice.’
‘A comparison of child witnesses in UK & Libya.’
‘When law, football and broadcasting collide: a legal perspective on the
interplay between football and broadcasting.’
PhD
‘Developing school sports’ safety provisions in Malaysia and the UK.’
‘A panacea for all ills? The role of the non-executive director in the limited
company.’
Postgraduate Research Degrees Currently Supervising
LLM
‘The Law that Revolutionised a Game. An Analysis of British Football
Stadium Safety’
MPhil/PhD
‘A Comparative Analysis of Professional Footballers’ Contracts in France and
England.’
‘Are School Trips Safe? Developing a Risk Management Framework for Out
of School Activities.’
Postgraduate Research Degrees Examined
PhD
‘Football and the Regulation of its Consumption.’
‘The civil Liability of Sports Participants’