Washington University Journal of Law & Policy Volume 22 Access to Justice: The Social Responsibility of Lawyers | Prison Reform: Commission on Safety and Abuse in America's Prisons January 2006 Playing Fair: Why the United States Anti-Doping Agency's Performance-Enhanced Adjudications Should Be Treated As State Action Paul C. McCaffrey Washington University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_journal_law_policy Part of the Law Commons Recommended Citation Paul C. McCaffrey, Playing Fair: Why the United States Anti-Doping Agency's Performance-Enhanced Adjudications Should Be Treated As State Action, 22 WASH. U. J. L. & POL’Y 645 (2006), https://openscholarship.wustl.edu/law_journal_law_policy/vol22/iss1/29 This Note is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Journal of Law & Policy by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. Playing Fair: Why the United States Anti-Doping Agency’s Performance-Enhanced Adjudications Should Be Treated as State Action Paul C. McCaffrey* INTRODUCTION The continued vitality of the Olympic Games indicates that society finds some intrinsic value in athletic competition.1 “This intrinsic value often is referred to as ‘the spirit of sport,’”2 and it combines ethical notions of fairness and a level playing field with excellence in athletic performance.3 Undeniably, this idealized notion of competition is played out by thousands on the Olympic stage. Equally irrefutable, however, is the long-standing use of artificial substances to enhance natural athletic abilities.4 The illicit use of performance-enhancing substances—commonly referred to as 5 “doping”—is irreconcilable with the spirit of sport.