A qualitative investigation of elite golf coaches' knowledge and the epistemological chain

The aim of the study was to explore the existence and application of the epistemological chain (EC) construct in the decision making of elite golf coaches. Eight male expert golf coaches were recruited for the study. Employing a qualitative methodology, semi-structured interviews were conducted to gain understanding of the participants‟ perceptions and application of the EC and to determine its overall effect on their knowledge development. Data were analysed to identify themes using interpretive phenomenological analysis (IPA). Results indicate the EC is indeed present in the coaching of elite golfers and implemented in a structured and coherent form. This raises a number of interesting issues regarding coach and player development that may impact upon future pedagogical provision

Efficient Breach, Reliance and Contract Remedies at the WTO

Purpose - To propose a remedy of monetary damages for efficient trade agreement breaches within the World Trade Organization (WTO). Design/methodology/approach - Defines the concept of an efficient breach as one where breach of an obligation leads to more optimal allocation of resources than compliance with the obligation. Discusses WTO remedies and monetary damages for efficient breach, the expectation measure, the reliance measure, WTO violations as tort, and enforcement. Findings - The main remedies for WTO violations are non-monetary compensation and retaliation. However, the problems facing a doctrine of efficient breach are that the parties mainly injured by such breaches are private third party exporters rather than Member States, and that it is difficult to calibrate counterfactually a suitable remedy based on foregone trade. To overcome these problems, the proposed reliance-based monetary remedy would institute a periodic decreasing payment which corresponds to the out of pocket expenses incurred, in anticipation of liberalized trade, by exporters in the injured state. This quantifiable and verifiable method of assessing compensation is in harmony with the common law of contract and can be used to establish third-party contractual rights; it also has parallels in international law, which should encourage compliance with it, while WTO violations are similar to the law of tort, which typically uses a restorative remedy. Originality/value - The proposed method fulfils the WTO's Dispute Settlement Understanding's goal of predictability, and it is both fair and welfare maximizing

Settlement Agreements, Legal Information and the Mistake of Law Rule in Contract

The extent of the doctrine of contractual mistake of law is evaluated in light of the Court of Appeal’s decision in Brennan v Bolt Burdon through the lens of economic efficiency, the associated incentivization of productive information acquisition and contractual risk allocation. The Brennan court’s decision limits the relief available for claims of mistake grounded in unanticipated changes in the law to mistakes involving exceptional errors. In so doing it acknowledges the risk inherent in accepting contractual settlement offers as a matter of commercial risk taking which can be offset through express contractual limitation, subject to public policy concerns. The article considers the effects of such contractual risk allocation as well as the cost of dispelling ignorance to recommend a clarification of the scope of the mistake of law. This rule is based upon the gains to be achieved from the underlying contract to the contractual parties as well advantages to society engendered by the dissemination of information about the law itself

Reliance Remedies at the International Centre for the Settlement of Investment Disputes

Examines situations in which the International Centre for the Settlement of Investment Disputes has awarded damages for the cost of the investment, which may be compared to the contract law concept of reliance damages. Notes that this measure of damages is often used where lost profits are difficult to calculate because of the speculative nature of the future investment

The International Bar Association and Trade in Legal Services: Meta Law-Making in International Economic Law?

This article presents the International Bar Association as a highly-influential but often overlooked non-state actor through the lens of its involvement in the standardization of Mutual Recognition Agreements (MRA)s for legal services. Not only do most MRAs contemplate the active involvement of professional bodies such as law societies and bar associations in their construction and monitoring, the IBA’s guidelines for MRAs inform the content of these agreements, facilitating the practice of international law by a more highly mobile profession. This in turn underpins the capacity of the community of international lawyers to exercise their technical expertise to influence other non-state actors, exemplifying what may be described as the IBA’s “meta-lawmaking” on the global stage. As there has been poor uptake of MRAs by developing countries, initiatives of the IBA could help establish mutual recognition for legal services in the developing world

Comment on “Football-specific fitness testing: adding value or confirming the evidence?”

The recent point–counter-point exchange arising from the article by Mendez-Villanueva and Buchheit (2013) (Football-specific fitness testing: Adding value or confirming the evidence? Journal of Sports Sciences, 31, 1503–1508) has generated an interesting debate on the real-world utility of fitness testing in professional association football (soccer). In the present authors’ opinion, this exchange could also have been placed more in the context of the physical testing and subsequent benchmark profiling of the youth player within elite academy talent identification and development processes. This point is further strengthened by the current media debate at the time of writing on the development of elite youth football players in England and the Elite Player Performance Plan or EPPP (The Premier League. (2011). Elite Player Performance Plan. London: Author) published by the English Premier League as part of a vision for the future development of youth football in the League and throughout the English professional game. The EPPP recommends the implementation of a national database to enable comparison of Academy player performances against national physical testing “benchmark” profiles. In continuing the above debate, this letter questions the real-world utility and potential pitfalls of nationwide athletic benchmark profiling programmes for elite youth football

Twitterati and Paperati – evidence versus popular opinion in science communication

Science communication has traditionally been the remit of peer-reviewed journals with information being shared, almost exclusively, within the academic community. For those working at the coalface the limited scope of this traditional discourse in terms of access and consumption by key stakeholders (eg, coaches, National Governing Bodies of sport, sport scientists) is of concern. In fact, traditional peer-reviewed publication does not seem to be the most effective mechanism for scientists to engage with the public and to disseminate knowledge

Institutionalized Fact Finding at the WTO

This short article argues that the WTO should have a standing agency to conduct fact finding in order to correct evidentiary deficiencies in submissions by members to panels during dispute settlement. This will compensate for both the incapacity to produce full disclosure on the part of developing nations and the unwillingness to do so from other members due to strategic reasons or purposes of confidentiality. It is suggested that such an investigatory mandate could fit into the panels’ existing right to seek information or within the broad scope of powers granted tribunals in international law. Separation between fact finding and decision-making achieved by a specialized fact finding body would insure judicial impartiality and promote legitimacy

Money, money, money? An investigation of the mediators of talent development in golf

This paper discusses issues surrounding the development of talent in golf; the study utilising qualitative methods to explore some factors that specialist coaches perceived to be critical in the development of young players. Eight golf coaches with significant experience of developing golfers were interviewed to elicit their opinions and perceptions of the most influential mediators in reaching excellence. Following a literature review and outline of field methods a discussion is presented which is based upon data findings. This reveals a significant pressure for young players concerning their financing a pathway through to elite levels. The paper concludes that pure sporting ability may currently not be enough for progression through the sport‟s lower elite stages - that self promotion skills to acquire sponsorship and learning to cope with the vagaries of luck in terms of life-opportunity may be aspects which the coach and performer should consider in their developmental plan