Dr David McArdle

Senior Lecturer

Law University of Stirling, Stirling, FK9 4LA

Dr David McArdle

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About me

About me

Dr. McArdle is currently the Head of the Law School and the Law REF Co-ordinator at Stirling University. His work on the relationship between sport and the law is globally-recognised, and he has extensive research, teaching, impact, PhD supervision and consultancy experience on those and other issues.

Dr McArdle’s work contributes to two of the university’s research themes (living well and cultures, communities, society) and to the law school’s strengths in human rights and private law and arbitration. His current research focuses on issues relating to discrimination (notably pregnancy discrimination in US college sports, and discrimination against trans athletes), legal and ethical responses to concussion in youth sports,legal and policy concerns around the UNESCO and Council of Europe Anti-Doping Conventions, and the relationship between human rights and sport in countries with oppressive regimes. He is a co-author of two reports for the Scottish government, one on the use of football banning orders and the other on the Offensive Behaviour at Football etc Act, and of two reports for the European Commission, on event organisers’ rights and matchfixing. He has provided Opinions on sports disputes for government bodies in Russia and Israel, advised athletes in anti-doping cases and worked with several sports stakeholders to improve stewarding standards, employment practices and data protection compliance.

Dr McArdle’s academic publications in the current REF period have covered issues as diverse as celebrity image rights, doping and human rights in Belarus, athlete longitudinal profiling, and football and sectarianism. His monograph on arbitration and mediation in sport was published in 2015. His current impact activities concern the anti-Doping Conventions and sport-related concussion, and he continues his work on football, sectarianism and Scots law which was a Stirling Law School impact case study in 2014. He has led workshops at several UK law schools on the use of posters in undergraduate assessment and has been an external law REF assessor for three institutions. He is a visiting fellow at the Gujarat National Law University, a research fellow at the Centre for Research in Sport, Technology and Law at De Montfort University and is an Academic Associate in sports law for a barristers' chambers in London. He works in close collaboration with colleagues in North America, Australia and China. He was the Founding Editor of the Entertainment and Sports Law Journal, has guest edited several journal special issues and currently serves on the editorial board of the leading peer-reviewed sports law journals in Australia and the United States.

Dr McArdle’s current grant applications involve the medico-legal issues around concussion, building on collaborative work funded by the Royal Socity of Edinburgh. He has previously attracted external funding of over £350,000, ranging from £770 from the Carnegie Trust to fund fieldwork on adventure activities provision in the Highlands, to £40,000 from the Scottish Government in 2010 for research into the use of football banning orders in Scotland and EUR 268,000 from the European Commission for Project EAC/18/2012 on Event Organisers’ Rights. In addition to supervising PhDs in the area of sports law, he has also worked with successful doctoral candidates researching topics as diverse as the WTO regime in Saudi Arabia, freedom of expression in Egypt and regulating cybercrime in Nigeria.

Community Contribution

Honorary Member of the Sport Law, Policy and Diplomacy Centre University of Rijeka

UK Representative, International Association for Athletes Rights, Moscow

Consultancy

Academic Associate, 23 Essex Street Chambers

Other Academic Activities

Visiting Fellow, Centre for Research in Sport Technology and Law, De Montfort Univeristy

Visiting Fellow, West Bengal National University of Juridical Sciences

Research (7)

Sports Arbitration; Sport and Human Rights; Medico-legal Aspects of Sport; Image Rights and Celebrity Culture. Postgraduate Supervision: Sports Law and Arbitration, especially EU and comparative perspectives. Comparative employment and trade union law.

Projects

Care, Consent and Sport Related Concussion: Ethico-Legal Investigation into Head Injuries in Boxing, Football, and RugbyUnion
PI: Dr David McArdle
Funded by: Arts and Humanities Research Council

Association of Law Teachers Conference 2020
PI: Dr David McArdle
Funded by: Delegates - Conferences

A Proposal to Conduct Research into the Impact of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act
PI: Dr Niall Hamilton-Smith
Funded by: Scottish Government

RSE - international Exchange Programme
PI: Dr David McArdle
Funded by: The Royal Society of Edinburgh

Evaluation of Football Banning Orders in Scotland
PI: Dr Niall Hamilton-Smith
Funded by: Scottish Government

Regulating outdoor adventure activities in the wilderness areas of Scotland and South Africa
PI: Dr David McArdle
Funded by: Association of Commonwealth Universities

Royal Society International Exchange Programme Bilateral Travel
PI: Dr David McArdle
Funded by: The Royal Society of Edinburgh

Outputs (26)

Outputs

Book Chapter

McArdle D (2019) Doping and Human Rights in Pariah States. In: Duval A & Rigozzi A (eds.) Yearbook of International Sports Arbitration 2017. Yearbook of International Sports Arbitration. The Hague: TMC Asser Press, pp. 29-49. https://doi.org/10.1007/15757_2019_28

Book Chapter

McArdle D (2019) Doping and Human Rights in Pariah States [CAS 2016/A/4708, Belarus Canoe Association and Belarusian Senior Men’s Canoe and Kayak Team Members v International Canoe Federation]. In: Duval A & Rigozzi A (eds.) Yearbook of International Sports Arbitration 2017. YISA. The Hague: TMC Assert Press, pp. 29-49. https://doi.org/10.1007/15757_2019_28

Book Chapter

McArdle D (2018) Image Rights and Sports In India. In: Dasgupta L & Sen S (eds.) Sports Law in India: Policy, Regulation and Commercialisation. SAGE Law. New Delhi: SAGE, pp. 177-191. https://uk.sagepub.com/en-gb/eur/sports-law-in-india/book263286

Authored Book

McArdle D (2015) Dispute Resolution in Sport: Athletes, Law and Arbitration. Ethics and Sport. Abingdon: Routledge. https://www.routledge.com/Dispute-Resolution-in-Sport-Athletes-Law-and-Arbitration/McArdle/p/book/9781138695191

Book Chapter

McArdle D (2015) The Courts, the CAS and the 'Professional' Athlete. In: Dispute Resolution in Sport: Athletes, Law and Arbitration. Ethics and Sport. Abingdon: Routledge, pp. 19-35. https://www.routledge.com/Dispute-Resolution-in-Sport-Athletes-Law-and-Arbitration/McArdle/p/book/9781138695191

Book Chapter

McArdle D (2015) 'Strict Liability' and legal rights: Nutritional Supplements, 'Intent' and 'Risk' in the Parallel world of WADA. In: Moller V, Waddington I & Hoberman J (eds.) Routledge Handbook of Drugs and Sport. Routledge International Handbooks. Abingdon: Routledge, pp. 293-309. https://www.routledge.com/Routledge-Handbook-of-Drugs-and-Sport/Moller-Waddington-Hoberman/p/book/9780415702782

Research Report

Anderson J, Duval A, Van Rompuy B, van der Harst M & McArdle D (2014) Study on risk assessment and management and prevention of conflicts of interest in the prevention and fight against betting-related match fixing in the EU 28 - Final Report [The Asser Report]. European Commission. EAC/16/2013. Publications Office of the European Union. http://ec.europa.eu/sport/news/2014/docs/study-asser_en.pdf

Research Report

Van Rompuy B, Margoni T, Hugenholtz PB, van Eijk N, McArdle D, Becker T, Jasserand-Breeman C & van der Harst M (2014) Study on Sports Organisers' Rights in the European Union: Final Report. European Commission. EAC 18/2012. European Union. http://ec.europa.eu/sport/news/2014/docs/study-sor2014-final-report-gc-compatible_en.pdf

Book Chapter

McArdle D (2013) CAS 2009/A/1912-1913 Pechstein v International Skating Union. In: Anderson J (ed.) Leading Cases in Sports Law. ASSER International Sports Law Series. The Hague, Netherlands: TMC Asser Press, pp. 209-228. http://link.springer.com/chapter/10.1007/978-90-6704-909-2_13

Book Chapter

Hamilton-Smith N & McArdle D (2013) England's Act, Scotland's Shame and the Limits of the Law. In: Flint J & Kelly J (eds.) Bigotry, Football and Scotland. Edinburgh: Edinburgh University Press, pp. 130-144. https://edinburghuniversitypress.com/book-bigotry-football-and-scotland.html

Book Chapter

McArdle D (2011) Longitudinal profiling, sports arbitration and the woman who had nothing to lose: some thoughts on Pechstein v. International Skating Union. In: McNamee M & Møller V (eds.) Doping and Anti-Doping Policy in Sport: Ethical, Legal and Social Perspectives. Ethics and Sport. Abingdon, Oxon: Taylor & Francis (Routledge), pp. 50-65. http://www.routledge.com/books/details/9780415619233/

Research Report

Hamilton-Smith N, Bradford B, Hopkins M, Kurland J, Lightowler C, McArdle D & Tilley N (2011) An Evaluation of Football Banning Orders in Scotland. Scottish Government. Scottish Government. www.scotland.gov.uk/socialresearch.

Teaching

Teaching

Labour law, criminal law, sports law, collective labour law.