Going Beyond the Mitchell Report: Cheating in College Sports Via Performance Enhancing Drugs and Academic Corruption1
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Defense Witnesses Testify No Obstruction ; Marcuse Appears
Defense Witnesses Testify No Obstruction ; Marcuse Appears "Officials Never Declared Assembly Unlawful" by Mark Stadler said the link-ups did not stop contradicting earlier testimony News EdItor Saxon. Mahoney said the link-ups from Muir Dean Jim Beckley that Hearing officer Robert moved backwards, away from she had done so on two separate Lugannani heard Wednesday and Saxon. She said the individuals occasions. yesterday eight defense witnesses tried to maintain a steady distance All the witnesses except Mar testify 10 charged students did not from him at all times. cuse, who was present only at the violate University regulations at Quirk testified she never linked question and answer period, said the Nov. 25 demonstration over arms during the walk, directly Continued on Page 3 alleged UC ties with the CIA. The witnesses, who included San Diego Job Market: Be charged student Cookie Mahoney and Ruth Quirk and philosophy professor emeritus Herbert Marc use , testified in disciplinary Prepared to Start at Bottom hearings about the walk from the by Craig Jackson perience is imperative for many of gymnasium to Matthews campus Staff Writer these jobs because of the ex- taken by UC President Saxon If you are a June graduate with a treme specialization involved. following a question and answer BA in one of the social sciences, do She cited Texas as one region session with students at the gym not expect to find a good job in the where the rapid growth of industry steps. San Diego area. According to has made many more jobs The witnesses gave similar Noreen LYM, a labor market in- available. -
@Ongre ßß of Tlle Mnitù $¡Tutts MARK E
HENRY A WAXMAN. CALIFORNIA. TOM DAVIS, VIRGINIA, CHAIRMAN RANKING MINORTTY MEI\¡BER TOM LANTOS, CALIFORNIA ONE HUNDRED TENTH CONGRESS DAN BURTON, INDIANA EOOLPHUS TOWNS. NEW YORK CHFISTOPHER SHAYS, CONNECTICUI PAUL E. KANJORSKI, PENNSYLVANIA JOHN M. McHUGH, NEW YOBK CAFOLYN B. MALONEY, NEW YORK JOHN L. MICA, FLORIDA ELIJAH E. CUMMINGS, MARYLAND @ongre ßß of tlle Mnitù $¡tutts MARK E. SOUDEB, INDIANA DENNIS J. KUCINICH, OHIO TODD RUSSELL PLATTS, PENNSYLVANIA DANNY K. DAVIS. ILLINOIS .l.|ERNEY. JOHN F. MASSACHUSETTS JOHN J. DUNCAN. JR.. TENNESSEE WI\,'. LACY CLAY. MISSOURI Tâouse of lßepreøent¡tibes MICHAEL R. TUFNER, OHIO DIANE E. WATSON, CALIFORNIA DAFRELL E. ISSA, CALIFORNIA BRIAN HIGGINS, NEWYORK coMMTTTEEoNovERSTcHTANDGovERNMENTREFoRM l"'ilillTiffilîäÄ;LftÌ"."""^ JOHN A. YARI\,IUTH. KENTUCKY PATFICK T. McHENRY, NORTH CAROLINA BRUCE L. BRALEY. IOWA VIFGINIA FO)C(, NORTH CAROLINA ELEANOR HOLMES NORTON. 2157 Rnveunru House Ornce Butorrue BRIAN P. BILBRAY, CALIFORNIA DISTRICT OF COLUMBIA BILL SALI, IDAHO BETTY MGCOLLUM, MINNESOTA WnsHrrucroru. DC 2051 5-61 43 JIM JORDAN, OHIO JIM COOPER, TENNESSEE CHRIS VAN HOLLEN. MARYLAND MruoBrû (202) 22H051 PAULW. HODES, NEV,/ HAI\¡PSHIRE FÂGrMrE (202) 225-4784 CHRISTOPHER S. MUBPHY, CONNECTICUT MrNoÊrw (202) 22H074 JOHN P. SARBANES, MARYLAND PETÉR WELCH, VEBMONT www.oversight. house.gov January 15,2008 The Honorable Michael B. Mukasey Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW V/ashington, DC 20530 Dear Mr. Attorney General: 'We are writing to ask the Justice Department to investigate whether former Baltimore Orioles baseball player Miguel Tejada made knowingly false material statements to the Committee in connection with the Committee's investigation of former Orioles player Rafael Palmeiro. -
Jackie Robinson's 1946 Spring Training in Jim Crow Florida
The Unconquerable Doing the Impossible: Jackie Robinson's 1946 Spring Training in Jim Crow Florida To the student: As you read this accounting of Jackie Robinson's Jim Crow experience, ponder the following: • The role individuals played such as Rachel Robinson, Branch Rickey, Mary McLeod Bethune, Joe Davis and David Brock, Mayor William Perry, Clay Hopper, Johnny Wright, Wendell Smith, and Billy Rowe in shaping Robinson's response to the discrimination heaped upon him? • What factors, internal or external, enabled Jackie Robinson to succeed in his quest to cross baseball's color line? • The influence of ideas, human interests, such as the popularity of baseball and sport in American life, and the American consciousness • The impact of press coverage on human behavior and beliefs • The impact of World War II in reducing regionalism and replacing it with patriotic nationalism, civil rights organizations, enfranchisement and voting leverage, economic need and greed Los Angeles, February, 1946 On the late afternoon of February 28, 1946, Jack Roosevelt Robinson and his new bride, the former Rachel Isum, waited for their American Airlines flight from the Lockheed Terminal at the airport in Los Angeles, destined for Daytona Beach, Florida. Jack's attire was very proper, a gray business suit, while Rachel was splendidly outfitted in her new husband's wedding gifts, a three-quarter length ermine coat with matching hat and an alligator handbag. Although they had originally thought to travel by train, the Robinsons had decided to fly to New Orleans, then to Pensacola, and finally to Daytona Beach. There, Jack was to report by noon on March 1 to the training camp of the Montreal Royals, the top triple-A minor league farm team of the Brooklyn Dodgers baseball team. -
Baseball Juiced Up: Should the Increased Risk Associated with the Use of Performance-Enhancing Substances Create Tort Liability
Volume 15 Issue 2 Article 5 2008 Baseball Juiced Up: Should the Increased Risk Associated with the Use of Performance-Enhancing Substances Create Tort Liability Gregory D. Hanscom Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Entertainment, Arts, and Sports Law Commons Recommended Citation Gregory D. Hanscom, Baseball Juiced Up: Should the Increased Risk Associated with the Use of Performance-Enhancing Substances Create Tort Liability, 15 Jeffrey S. Moorad Sports L.J. 367 (2008). Available at: https://digitalcommons.law.villanova.edu/mslj/vol15/iss2/5 This Comment is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Hanscom: Baseball Juiced Up: Should the Increased Risk Associated with the Comments BASEBALL JUICED UP: SHOULD THE INCREASED RISK ASSOCIATED WITH THE USE OF PERFORMANCE- ENHANCING SUBSTANCES CREATE TORT LIABILITY? I. INTRODUCTION Injury is an inherent risk in all athletic competitions, but an alarming trend increasing this danger is the prevalence of steroids, human growth hormones and other illegal performance-enhancing drugs.' Most courts, recognizing that injuries are an unavoidable aspect of athletics, adopted the doctrine of "volenti non fit injuria" establishing that "one who takes part in . a sport accepts the dangers that inhere in it so far as they are obvious and necessary .... 2 This doctrine was the underlying justification for allowing defendants, in sports injury cases, to use the assumption of the risk defense. -
UNITED STATES of AMERICA ) ) V
Case 1:10-cr-00223-RBW Document 26-1 Filed 03/18/11 Page 1 of 20 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) UNITED STATES OF AMERICA ) ) v. ) Criminal No. 10-223 (RBW) ) WILLIAM R. CLEMENS, ) ) Defendant ) ____________________________________ MEMORANDUM IN SUPPORT OF NON-PARTY DLA PIPER’S MOTION TO QUASH SUBPOENA In accordance with Rule 17(c)(2) of the Federal Rules of Criminal Procedure, non-party DLA Piper US LLP (“DLA Piper”) submits this memorandum in support of its motion to quash the subpoena duces tecum served on it by Defendant William R. Clemens on or about February 10, 2011. INTRODUCTION On March 30, 2006, the Commissioner of Baseball engaged Senator George Mitchell and his law firm, DLA Piper, to investigate allegations that a number of players in Major League Baseball had illegally used steroids and other performance enhancing substances. On December 13, 2007, following an extensive investigation that included numerous witness interviews, Senator Mitchell published his “Report to the Commissioner of Baseball of an Independent Investigation into the Illegal Use of Steroids and Other Performance Enhancing Substances by Players in Major League Baseball” (the “Mitchell Report”). Mr. Clemens has now issued a subpoena seeking to compel DLA Piper to produce the notes that DLA Piper attorneys took during the interviews of three fact witnesses (Jose Canseco, Brian McNamee, and Kirk Radomski), the memoranda that DLA Piper attorneys wrote to memorialize what they thought Case 1:10-cr-00223-RBW Document 26-1 Filed 03/18/11 Page 2 of 20 was important in these interviews, and any other written communications related to those interviews. -
Baseball Statistics in the Steroids Era
BASEBALL STATISTICS IN THE STEROIDS ERA _________________________ By John Dechant _________________________ A THESIS Submitted to the faculty of the Graduate School of the Creighton University in Partial Fulfillment of the Requirements for the degree of Master of the Arts in the Department of Liberal Studies. _________________________ OMAHA, NEBRASKA JUNE 27, 2008 iii Abstract This thesis examines the presence of steroids and performance enhancing substances in Major League Baseball from approximately 1988 to 2008. This period, informally known as the “steroids era,” has been the source of great controversy in recent years as more and more information on the matter has been disclosed to the public. In particular, this discussion focuses on the records and statistics of this era. In addition to the players who achieved these statistics, these numbers should be under great scrutiny as their validity is questioned. CONTENTS PREFACE………………………………………………………………………………iv INTRODUCTION……………………………………………………………………….1 Chapter ONE HISTORICAL PATTERNS OF STEROID USE IN BASEBALL………5 The Nature of Performance Enhancing Substances………………5 Early Signs of Steroid Use in Major League Baseball…………....8 Early Major League Baseball Steroid Policy…………………….12 Contemporary Steroid Use in Major League Baseball and the Evolution of Testing Policy……………………………..14 Congressional Intervention and the Mitchell Report…………….23 TWO ETHICAL CONSIDERATIONS OF STEROIDS IN BASEBALL……32 The Prohibition Debate………………………………………….32 Records and Statistics……………………………………………46 THREE *ASTERISKS AND DISTINGUISHING MARKS……………………..54 Problems of the Steroids Era…......................................................54 Precedents………………………………………………………..60 Asterisk…………………………………………………………..62 Era Divide………………………………………………………..65 Status Quo………………………………………………………..66 Assessment……………………………………………………….67 CONCLUSION…………………………………………………………………………..70 BIBLIOGRAPHY………………………………………………………………………..71 iv Preface My opinion of steroids and performance enhancing substances in baseball changed on February 13, 2008. -
Can Congress Squeeze the Juice out of Professional Sports
Can Congress Squeeze the "Juice" Out of Professional Sports? The Constitutionality of Congressional Intervention into Professional Sports' Steroid Controversy TIFFANY D. LIPSCOMB* I. INTRODUCTION In June of 2003, a Pandora's Box of controversy was opened which has yet to be closed.' The U.S. Anti-Doping Agency received a package from an anonymous track and field coach containing a used syringe. 2 After testing, the syringe was found to contain a hybrid steroid cocktail that was previously not detectable by drug-testing procedures.3 The anonymous coach claimed the steroid 4 was being supplied to athletes by Victor Conte, president of the Bay Area Laboratory Cooperative ("BALCO"). 5 This information prompted an investigation into BALCO by the Department of Justice and the Internal Revenue Service, 6 which, coupled with the release of former professional baseball player Jose Conseco's book Juiced,7 exposed several high-profile * Note & Comment Editor, Ohio State Law Journal;J.D., The Ohio State University Moritz College of Law, expected 2008. Much thanks to all my friends who volunteered (or who were forced) to endlessly read over the many drafts of this Note; especially Keila, who was the only person to read an entire draft. Also, thanks to my parents for teaching me I could do anything I put my mind to, including getting a sports article published as a law review article. Lastly, I would like to thank Rob for giving me plenty of reasons not to work on this Note and thus allowing me to keep my sanity. I Though the use of steroids has a long history in many different sports, see Maxwell J. -
Petition for Reinstatement of Pete Rose to Major League Baseball and for Eligibility to the National Baseball Hall of Fame
PETITION FOR REINSTATEMENT OF PETE ROSE TO MAJOR LEAGUE BASEBALL AND FOR ELIGIBILITY TO THE NATIONAL BASEBALL HALL OF FAME Peter Edward Rose respectfully petitions the Commissioner of Baseball, Robert D. Manfred, Jr., for reinstatement under Major League Rule 15(c). By voluntary agreement dated August 23, 1989 between Commissioner A. Bartlett Giamatti and Mr. Rose,1 “Peter Edward Rose [was] … declared permanently ineligible in accordance with Major League Rule 21 and placed on the Ineligible List.” As also stipulated by the parties, “Nothing in this Agreement shall deprive Peter Edward Rose of the rights under Major League Rule 15(c) to apply for reinstatement.” Mr. Rose has previously applied for reinstatement, most recently in 2015 to Commissioner Manfred. As he has publicly expressed, Mr. Rose appreciates the time and effort that both Commissioner Selig and Commissioner Manfred devoted to reviewing and considering those petitions. Mr. Rose accepts the decisions issued in response to his prior petitions, and here he advances the new argument that his lifetime ban is disproportionate relative to other punishments imposed for serious violations that also undermined the integrity of the game. Mr. Rose requests that Commissioner Manfred consider this petition in light of recent rule violations by club officials, managers, and players who have severely impugned the integrity of the game of baseball. An in-person meeting with counsel present is requested. By this petition, Mr. Rose asks the Commissioner to reconsider his status on the permanently ineligible list due to its disproportionate nature. Mr. Rose continues to express repentance for his acts in violation of Major League Rule 21. -
Steroids in Baseball and the Case Against Roger Clemens Daniel Healey
Marquette Sports Law Review Volume 19 Article 11 Issue 1 Fall Fall of the Rocket: Steroids in Baseball and the Case Against Roger Clemens Daniel Healey Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Daniel Healey, Fall of the Rocket: Steroids in Baseball and the Case Against Roger Clemens , 19 Marq. Sports L. Rev. 289 (2008) Available at: http://scholarship.law.marquette.edu/sportslaw/vol19/iss1/11 This Symposium is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact [email protected]. FALL OF THE ROCKET: STEROIDS IN BASEBALL AND THE CASE AGAINST ROGER CLEMENS DANIEL HEALEY* INTRODUCTION - THE ROCKET ON THE HILL Athletes who are chemically propelled to victory do not merely overvalue winning, they misunderstand why winning is properly valued .... Drugs that make sport exotic, by radical intrusions into the body, drain sport of its exemplary power by making it a display of chemistry rather than character. In fact, it becomes a display of some chemists' virtuosity and some athletes' bad character. - George F. Will1 On February 13, 2008, Roger Clemens (Clemens) traveled to Capitol Hill to clear his name. A seven-time Cy Young Award-winning pitcher for the Boston Red Sox, Toronto Blue Jays, New York Yankees, and Houston Astros, "the Rocket" had come to the end of his career, but only the beginning of his legal and media troubles. In December 2007, Clemens's trainer, Brian McNamee (McNamee), had implicated his former employer as a steroids user in the "Mitchell Report," the definitive account of the proliferation of performance-enhancing drugs (PEDs) in Major League Baseball (MLB).2 After facing two months of intense media scrutiny, Clemens traveled to the Hill to testify before the House Committee on Oversight and Government Reform (the "Committee") that he had never used PEDs. -
1961 Minnesota Twins Media Guide
MINNESOTA TWINS BASEBALL CLUB METROPOLITAN STADIUM HOME OF MINNESOTA TWINS /EprP.1n/inf/ /I , AMERICAN LEAGUE _j1,, i'; , Upp er /'ZIweoi Year of the Great Confluence For the big-league starved fans of the Upper Midwest, the Big Day came on October 26, 1 9 d6a0t,e of the transfer of the American League Senators from Washington to the Minneapolis and St. Paul territory, and the merger of three proud baseball traditions. For their new fans to gloat about, the renamed Minnesota Twins brought with them three pennants won in Washington, in 1924, '25 and '33, and a world championship in 1924. Now, their new boosters could claim a share of such Senator greats as Clark C. (Old Fox) Griffith, Wolter (Big Train) Johnson, Joe Cronin, Lean (Goose) Goslin, Clyde (Deerfoot) Milan, Ed Delahanty, James (Mickey) Vernon, Roy Sievers, and others. Reciprocally, the Twins could now absorb the glories of 18 American Asso- ciation pennants - nine won by St. Paul and nine by Minneapolis - in 59 seasons. They could be reminded of the tremendous pennant burst by St. Paul in 1920, with the Saints winning 115, losing only 49, posting a .701 percentage, and running away from Joe McCarthy's second-place Louisville Colonels by 28 1/2 games. Mike Kelley, the American Association's grand old man, managed that one and four other Saints flag winners before buying the Minneapolis club and putting together three more championship combinations. The pattern for winning boll in St. Paul was set early, in the first year of minor league ball, in fact. -
When Travis Ishikawa Smashed the Home Run That Put the San Francisco Giants Into the World Series Last Week, Many Baseball Fans
Published October 24, 2014 FoxNews.com The untold story behind Mr. Ricky´s real desire to bring Jackie Robinson into the all-white baseball league FILE: From left, Brooklyn Dodgers baseball players John Jorgensen, Pee Wee Reese, Ed Stanky and Jackie Robinson pose at Ebbets Field in New York on April 15, 1947. (AP) When Travis Ishikawa smashed the home run that put the San Francisco Giants into the World Series last week, many baseball fans flashed back to what may have been the most dramatic home run ever. That was “The Shot Heard ‟Round the World,” aka “The Miracle of Coogan‟s Bluff,” that the late Bobby Thomson hit in 1951. Thomson played for the same franchise (the then-New York Giants) and his walk-off blast, like Ishikawa‟s, was hit with two men on base in the bottom of the ninth inning and put the Giants into the Series. 1 Yet I was struck by another connection to Thomson‟s dramatic home run 63 years ago: the famous image of a dejected second baseman named Jackie Robinson, his hands on his hips, watching to make sure Thomson touched each base as he joyously raced to home plate and broke the hearts of the Brooklyn Dodgers and their ever-loyal fans. Ishikawa‟s faith in God got a ton of media attention over the last week. If not for his faith, Ishikawa said, he would not have been with the Giants, let alone get a chance to hit the home run that put them in the World Series. -
A Behavioral Law and Economics Approach to Legal Regulation of Doping in Sports Shayna M
Marquette Sports Law Review Volume 19 Article 7 Issue 1 Fall Are We All Dopes? A Behavioral Law and Economics Approach to Legal Regulation of Doping in Sports Shayna M. Sigman Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation Shayna M. Sigman, Are We All Dopes? A Behavioral Law and Economics Approach to Legal Regulation of Doping in Sports, 19 Marq. Sports L. Rev. 125 (2008) Available at: http://scholarship.law.marquette.edu/sportslaw/vol19/iss1/7 This Symposium is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. For more information, please contact [email protected]. ARE WE ALL DOPES? A BEHAVIORAL LAW & ECONOMICS APPROACH TO LEGAL REGULATION OF DOPING IN SPORTS SHAYNA M. SIGMAN* INTRODUCTION You should care about the prevalence of performance-enhancing drugs (PEDs) and doping methods currently being used and abused within elite sports. You should care, not because teenagers and youth are harmed by this, even though they most likely are. 1 You should care, not because elite athletes or those attempting to become elite athletes are harmed by this, even though they most likely are. 2 Whether you are a recreational athlete or a couch potato, whether you are a serious sports fan, a casual fan, or not a fan at all, you should care about the fact that it is highly likely that you have been harmed by doping in sports. Associate Professor of Law, Jacob D. Fuchsberg Touro Law Center.