University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2015 Troubled Waters Diana Nyad and the Birth of the Global Rules of Marathon Swimming Hadar Aviram UC Hastings College of the Law,
[email protected] Follow this and additional works at: http://repository.uchastings.edu/faculty_scholarship Recommended Citation Hadar Aviram, Troubled Waters Diana Nyad and the Birth of the Global Rules of Marathon Swimming, 3 Mississippi Sports Law Review ___ (2015). Available at: http://repository.uchastings.edu/faculty_scholarship/995 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact
[email protected]. TROUBLED WATERS: DIANA NYAD AND THE BIRTH OF THE GLOBAL RULES OF MARATHON SWIMMING * Hadar Aviram ABSTRACT On September 3, 2013, Diana Nyad reported having completed a 110-mile swim from Cuba to Florida. The general enthusiasm about her swim was not echoed in the marathon swimming community, whose members expressed doubts about the integrity and honesty of the swim. The community debate that followed gave rise to the creation of the Global Rules of Marathon Swimming, the first effort to regulate the sport. This Article uses the community’s reaction to Nyad’s deviance to examine the role that crime and deviance plays in the creation and modification of legal structures. Relying on Durkheim’s functionalism theory, the Article argues that Nyad’s perceived deviance contributed to the community in four ways: it fostered solidarity among community members, it provided an opportunity to clarify the rules, it prompted a clarification of the hierarchy between rules, and it offered an opportunity for change and modernization of the sport.