论我国体育经纪人的法律地位

《经纪人管理办法》认为,居间、行纪和代理都属于经纪的范畴。其法律地位包括代理人,这一规定似欠妥 当。考察英美法系和大陆法系国家对体育经纪人的法律地位的规定及其成因,对我国民法相关范畴进行比较分析, 立足国情,在民法范畴的基础上,将体育经纪人界定为行纪人或居间人较为科学。这样有利于明确体育经纪人的权 利义务,保护体育市场主体的利益,实现资本资源的最优化配置,维护体育经纪人市场的稳定。     

Examining the effectiveness of anti-scalping laws in a United States market

The secondary ticket market has existed for decades. Historically, this industry has been dominated by street scalpers located outside of venues and by local and regional ticket brokers. These individuals often took advantage of uninformed consumers and charged extremely high prices or sold fraudulent or misrepresented tickets. Subsequently, state governments created laws protecting consumers from such behavior. More recently, however, this industry has grown as the Internet has facilitated transactions in a safe and secure environment which has led to the increased legitimacy of the industry. Despite this growth in size and sophistication, existing anti-scalping laws remain. Given the significantly altered form of the industry, it is important to examine the appropriateness of these laws and their effect on current industry practices. The findings of the current study suggest that these laws do little to accomplish what they were originally set out to do: protect consumers. Instead, they serve as minor inconveniences for those engaging in ticket resale and major frustrations for those attempting to enforce the laws as written.     

Exploring the role of ‘brokers’ in developing a localised curriculum

ABSTRACT

There is a move in some countries, including England, towards less curriculum control by government. This stands in contrast to a national curriculum which may be universally applied in all schools within a state/country. National curricula tend to use either content-based (subject mastery) or process (skills)-based models. More localised curricula have the potential to be more issue- and problem-centred using local resources and people as part of their building blocks. However, marketisation and globalisation typified by Programme for International Student Assessment (PISA) ‘effect’ on national policies have discouraged teachers' creativity and curriculum innovation and negated teacher agency. Unfortunately, schools and community partners can find it hard to work together because of logistical, communication and cultural impediments, which gives significance to the role of curriculum brokers who can bridge these divides. This paper offers a case study of two brokers in order to describe, understand and conceptualise their role in curriculum development. The wider implications for curriculum development are outlined.     

Innovation and knowledge sharing across professional boundaries: Political interplay between boundary objects and brokers

The article examines the process of innovation and knowledge sharing from a perspective that focuses on the influence that local circumstances can have. In particular, it looks at the problems of knowledge sharing between groups of professionals. It presents a comparative analysis of two studies, one involving two groups of IT professionals; the other a network of healthcare professionals. The data was collected in two sets. The first set consisted of the results from two earlier, independent studies; the second was collected specifically for this article. We investigate the role played by boundary objects and brokers. Through an analysis of the interplay between boundary object and broker, we uncover the dynamics of the innovation process and show that the role played by the broker can be political. We identify two strategies that are used by brokers in the selection of a boundary object. The first is directed towards achieving a balance between the actors involved and the second is directed towards controlling their activities. We conclude by suggesting that other researchers should also consider the interplay between broker and boundary object when examining cross-boundary knowledge sharing.