DOCSLIB.ORG

The Constitutionality of Searches and Seizures in United States V. Comprehensive Drug Testing

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Constitutionality of Searches and Seizures in United States V. Comprehensive Drug Testing Volume 15 Issue 1 Article 2 2008 Inequality in the Game vs. Inequality in the Legal System: The Constitutionality of Searches and Seizures in United States v. Comprehensive Drug Testing Elizabeth Rocco Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Entertainment, Arts, and Sports Law Commons, and the Fourth Amendment Commons Recommended Citation Elizabeth Rocco, Inequality in the Game vs. Inequality in the Legal System: The Constitutionality of Searches and Seizures in United States v. Comprehensive Drug Testing, 15 Jeffrey S. Moorad Sports L.J. 33 (2008). Available at: https://digitalcommons.law.villanova.edu/mslj/vol15/iss1/2 This Casenote 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. Rocco: Inequality in the Game vs. Inequality in the Legal System: The Co "INEQUALITY IN THE GAME" VS. "INEQUALITY IN THE LEGAL SYSTEM": THE CONSTITUTIONALITY OF SEARCHES AND SEIZURES IN UNITED STATES V. COMPREHENSIVE DRUG TESTING1 "Perhaps baseball has become consumed by a 'Game of Shadows, 'but that is no reasonfor the government to engage in a 'Prosecutionof Shadows. "2 I. INTRODUCTION: PLAY BALL! "When I go to Little League opening games these days, kids aren't just talking about their favorite teams' chances in the pen- nant race, they're talking about which pro players are on the juice.' "3 Steroid use in professional sports has broadly impacted society, particularly in the arena of high school sports.4 In an effort to decrease the number of high school athletes using steroids, Con- 5 gress has investigated steroid use in professional baseball. In 2002, the United States government initiated a grand jury investigation into illegal steroid use by professional athletes, partic- ularly athletes involved with the Bay Area Laboratory Co-Operative 1. 473 F.3d 915, 979 (9th Cir. 2006) (Thomas, J., concurring in part and dissenting in part). 2. Id. 3. Restoring Faith in America's Pastime:Evaluating Major League Baseball'sEfforts to EradicateSteroid Use: HearingBefore the H. Comm. on Government Reform, 109th Cong. 6 (2005) [hereinafter Hearings] (statement of Rep. Tom Davis, Chairman, House Comm. on Government Reform), available at http://frwebgate.access.gpo.gov/ cgibin/getdoc.cgi?dbname=1 09_househearings&docid=20323.wais. 4. See Mark Fainaru-Wada & Lance Williams, Steroids Scandal: The BALCO Leg- acy From Children to Pros, the Heat is on to Stop Use of Performance Enhancers, S.F. CHRON., Dec. 24, 2006, at Al [hereinafter Steroids Scandal] (noting effect of publi- cized use of steroids by professional athletes on high school athletes). Reports indicate that between three and eleven percent of American teen athletes have used steroids. See id. 5. See Hearings, supra note 3, at 11 (statement of Rep. Henry Waxman, Califor- nia) (focusing on "steroid use in professional baseball, its impact on steroid use by teenagers and the implications for Federal policy"). Rep. Waxman addressed the congressional hearing: Now America is asking baseball for integrity, an unequivocal statement against cheating, an unimpeachable policy and a reason for all of us to have faith in that sport again. At the end of the day, the most important thing Congress can do is find as many of the facts as we can and do our part to change the culture of steroids that has become part of baseball and too many other sports. Id. (33) Published by Villanova University Charles Widger School of Law Digital Repository, 2008 1 Jeffrey S. Moorad Sports Law Journal, Vol. 15, Iss. 1 [2008], Art. 2 34 VILIANOVA SPORTS & ENT. LAW JOURNAL [Vol. 15: p. 33 ("BALCO"). 6 The BALCO investigation is the central issue in United States v. Comprehensive Drug Testing, Inc.7 The Ninth Circuit Court of Appeals ruled in favor of the government, allowing it to utilize the names and specimens of approximately one hundred Major League Baseball ("MLB") players who tested positive for ster- oids. 8 The holding in United States v. Comprehensive Drug Testing ex- tends beyond the regulation of steroid use in baseball; it has broad Fourth Amendment implications regarding valid searches and seizures.9 This Note examines whether the government violated the Fourth Amendment when it seized evidence that did not pertain to the ten BALCO players specified in the warrant. 10 Section II dis- cusses the facts surrounding the warrant execution, the seizure of evidence, and the alleged violations.1 1 Section III discusses the re- quirements for a valid search and seizure under the Fourth Amend- 6. See Steroids Scandal, supra note 4 (reporting investigation into BALCO). A federal investigation began in 2002 into whether BALCO was distributing steroids. See id. In 2003, the grand jury subpoenaed athletes to testify before it, including the San Francisco Giants' Barry Bonds, the New York Yankees' Jason Giambi, Olympian Marion Jones, and thirty other professional athletes. See id. 7. See 473 F.3d at 919 (outlining issue in case). The Ninth Circuit had to determine "whether the United States may retain evidence it seized from Major League Baseball's drug testing administrator.., as part of an ongoing grand jury investigation into illegal steroid use by professional athletes." Id. 8. See ESPN - Court: Feds Get MLB Data - MLB, http://sports.espn.go.com/ mlb/news/story?id=2709496 (last visited Nov. 12, 2007) [hereinafter Feds Get MLB Data] (reporting effect of Ninth Circuit's decision). Players who tested posi- tive for performance enhancing drugs may be called to testify before a grand jury and compelled to reveal their drug source. See id. The information was used to build a perjury case against Barry Bonds, who testified before the grand jury that he never took performance-enhancing drugs. See Lance Williams & Mark Fainaru- Wada, The Perjuty Evidence Against Bonds, S.F. CHRON., Apr. 16, 2006, at Al (report- ing possibility of perjury indictment against Bonds). Although Bonds testified under oath that he had "never knowingly taken banned drugs," evidence collected by federal investigators, including "statements of confessed steroid dealers and ath- letes caught up in the BALCO case, the testimony of a former Bonds girlfriend, and some 30,000 pages of documents seized from BALCO" indicated that he used steroids. See id. Barry Bonds was indicted on November 15, 2007 for perjury and obstruction ofjustice. See Duff Wilson & Michael S. Schmidt, Bonds Charged With Peijury in Steroids Case, N.Y. TIMES, Nov. 16, 2007, at Al (reporting indictment of Bonds in connection to his testimony before federal grand jury). 9. See Comprehensive Drug Testing, 473 F.3d at 924-25 (detailing issues on ap- peal). The court did not decide the legality of steroids in Major League Baseball, but whether there had been any Fourth Amendment violations regarding the items seized that did not pertain to the ten players connected with BALCO. See id. 10. See id. at 929 (addressing argument that government "acted in callous dis- regard of the Fourth Amendment rights of the Players' Association, the MLB Play- ers, and CDT"). 11. For a further discussion of the search and seizure in Comprehensive Drug Testing, see infra notes 18-55 and accompanying text. https://digitalcommons.law.villanova.edu/mslj/vol15/iss1/2 2 Rocco: Inequality in the Game vs. Inequality in the Legal System: The Co 2008] UNITED STATES V. COMPREHENSIVE DRUG TESTING 35 ment;' 2 misconduct in searches, particularly targeting evidence which is not specified in a warrant; 13 and the proper procedure for seizing intermingled evidence for off-site review, particularly elec- tronic data. 14 Section IV addresses whether the government's seizure of electronic data complied with the procedural protections detailed in United States v. Tamura, or whether the seizure violated the Fourth Amendment.1 5 Section V analyzes the majority's inter- pretation of Tamura.16 Section VI discusses the Fourth Amendment 12. For a further discussion of the requirements for a valid search and seizure, see infra notes 56-60 and accompanying text; see also Tracey Maclin, The Complexity of the Fourth Amendment: A HistoricalReview, 77 B.U. L. REiv. 925, 927-28 (1997) (discussing valid search and seizures). Courts have established two differ- ent models for applying the Fourth Amendment: Under the first model, the Reasonableness Clause mandates a universal rule that all searches and seizures be reasonable. If the police obtain a warrant, the Warrant Clause contains certain safeguards to ensure the validity of the warrant. If the police do not obtain a warrant, the search need only be "reasonable." The second model-known as the "warrant preference rule"-requires that the safeguards of the Warrant Clause de- fine the reasonableness of a given search or seizure. This model posits that the police must ordinarily obtain a warrant prior to an intrusion, unless compelling reasons exist for proceeding without one. Id. 13. See Marron v. United States, 275 U.S. 192, 196 (1927) (disallowing general warrants). "The requirement that warrants shall particularly describe the things to be seized makes general searches under them impossible and prevents the seizure of one thing under a warrant describing another. As to what may be taken, nothing is left to the discretion of the officer executing the warrant." Id.; see also United States v. Gawrysiak, 972 F. Supp. 853, 860-61 (D.N.J. 1997) (holding warrant, al- though broad in subject, was not general due to significant limitations placed on officers). For a further discussion of the scope of searches, see infra notes 61-64 and accompanying text. 14. See United States v. Tamura, 694 F.2d 591, 595-96 (9th Cir.
Load more

Recommended publications
  • 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.
    [Show full text]
  • Illegal Manipulation of Your Body
    ES.010 Chemistry of Sports Illegal manipulation of your body Schedule of events for today: 1. Update on workout on Thursday – in the pool 4 pm. 2. Drugs in sports 3. Introduction to Wind tunnel testing – preview of next week’s class with Kim Blair. Drugs in Sports • Blood Doping, Artificial • THG Oxygen Carriers and • Human Chorionic Erythropoietin (EPO) Gonadotrophin (HCG) • Human Growth Hormone • Adrenocorticotropic Hormone • Anabolic Steroids (ACTH) • Insulin-like Growth Factor • Beta-2-Agonists (IGF-1) • Hormone Antagonists and • Cocaine Modulators • Caffeine • Diuretics • Narcotics • Gene Doping • Cannabinoids • Amphetamines Why do Athletes Take Drugs? There are a large number of reasons why an athlete may decide to take drugs. A selection are listed here: • Pressure to succeed, either from themselves or coaches/family and sponsors (major reason) • Belief that their competitors are taking drugs • Pressure from governments/national authorities (as occurred in the eastern bloc countries in the 60's and 70's) • Financial rewards for outstanding performance • Lack of access to, or funding for training facilities and additional support (nutrition, psychological support) • Community and media attitudes and expectations of success Reference:http://www.teachpe.com/drugs/drugs.php. Drugs in Sports • Blood Doping and Erythropoietin • THG (EPO) • Human Chorionic Gonadotrophin • Human Growth Hormone (HCG) • Anabolic Steroids • Adrenocorticotropic Hormone • Insulin-like Growth Factor (IGF- (ACTH) 1) • Beta-2-Agonists • Cocaine • Hormone Antagonists
    [Show full text]
  • 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.
    [Show full text]
  • Is Media Coverage of Steroids on the Verge of Striking out Baseball Stars?
    Salve Regina University Digital Commons @ Salve Regina Pell Scholars and Senior Theses Salve's Dissertations and Theses 4-2010 Is Media Coverage of Steroids On The Verge Of Striking Out Baseball Stars? Nicholas L. Silvestri Salve Regina University, [email protected] Follow this and additional works at: https://digitalcommons.salve.edu/pell_theses Part of the Entertainment, Arts, and Sports Law Commons, and the Film and Media Studies Commons Silvestri, Nicholas L., "Is Media Coverage of Steroids On The Verge Of Striking Out Baseball Stars?" (2010). Pell Scholars and Senior Theses. 59. https://digitalcommons.salve.edu/pell_theses/59 This Article is brought to you for free and open access by the Salve's Dissertations and Theses at Digital Commons @ Salve Regina. It has been accepted for inclusion in Pell Scholars and Senior Theses by an authorized administrator of Digital Commons @ Salve Regina. For more information, please contact [email protected]. Silvestri 1 Controversies in Baseball Over the last 150 years, baseball has been one of the most popular American sports. Ever since its inception in the 19 th century, it has been known as our “Great American Past-Time”. As the sport of baseball has evolved and developed into the game it is today, there have been controversial scandals that have helped reshape our perceptions of baseball’s biggest stars. In 1919, eight Chicago White Sox players were banned from the game of baseball forever after they conspired with gamblers to throw the World Series to the Cincinnati Reds. This went down as one of the most famous scandals in baseball history because it nearly destroyed the integrity of the sport.
    [Show full text]
  • Who's Who in the Bonds Trial Courtroom Updated: March 18, 2011, 7:21 PM ET
    Who's who in the Bonds trial courtroom Updated: March 18, 2011, 7:21 PM ET By T.J. Quinn, Lester Munson and Mark Fainaru-Wada ESPN.com http://sports.espn.go.com/espn/otl/news/story?id=6230604 SAN FRANCISCO -- Can't discern the witnesses from the investigators from the attorneys from the judges from others in the Barry Bonds perjury trial without a lineup card? The defendant … well, you know him already. So here is a who's who, in alphabetical order, of Case No. 3:07-CR-00732 pending in U.S. District Court for the Northern District of California: USA v. Bonds: GREG ANDERSON: Bonds' childhood friend who later became his personal trainer and, according to the government, provided steroids and other performance-enhancing drugs to the home run king. Anderson will be the elephant in the room at the trial, looming large in absence. After serving three months in prison for his role in the Bay Area Laboratory Co-Operative steroids conspiracy, Anderson spent 14 months behind bars for refusing to testify about his relationship with Bonds. He is expected to again disregard a subpoena and thus be imprisoned for the duration of the trial. (Plus, he faces additional jail time if the government or the judge decides to pursue criminal contempt charges.) Without Anderson, the judge has ruled significant pieces of evidence inadmissible, most notably three positive steroids tests from 2000 and 2001 that the government says reflect Bonds' use of the steroids methenolone and nandrolone. CRIS ARGUEDAS: A nationally recognized criminal defense lawyer, Arguedas started her career in California defending abused women, quickly became a star public defender in the federal courts and now is routinely listed as one of the top 10 defense lawyers in California.
    [Show full text]
  • Game of Shadows” Excerpts from CNNSI.Com
    “Game of Shadows” Excerpts from CNNSI.com Excerpted from Game of Shadows, by Mark Fainaru-Wada and Lance Williams, to be published this month by Gotham Books, a member of Penguin Group (USA, Inc.). © 2006 by Mark Fainaru- Wada and Lance Williams. On May 22, 1998, the San Francisco Giants arrived in St. Louis for a three-game series with the Cardinals. That weekend, Giants All-Star leftfielder Barry Bonds got a firsthand look at the frenzied excitement surrounding Mark McGwire, baseball's emerging Home Run King. Bonds had recently remarried, but on this trip he was accompanied by his girlfriend, Kimberly Bell, a slender, attractive woman with long brown hair and brown eyes whom he had met four years earlier in the players' parking lot at Candlestick Park. Bell had been looking forward to the trip, and it was pleasant in many ways -- a big hotel room with a view of St. Louis's famous arch; a wonderful seat eight rows behind home plate; and even tornado warnings, which were exotic to a California girl. But Bonds was sulky and brooding. A three-time National League MVP, he was one of the most prideful stars in baseball. All that weekend, though, he was overshadowed by McGwire. Even by the standards of the modern game, the Cardinals' first baseman was a player of exceptional size and power. That summer the 6'5" McGwire weighed 250 muscular pounds and was hitting balls that traveled in long, soaring arcs. The season was less than two months old, but he already had hit 20 home runs and was ahead of both Babe Ruth's and Roger Maris's record- breaking paces.
    [Show full text]
  • Drugs in Sports: Compromising the Health of Athletes and Undermining the Integ- Rity of Competition
    DRUGS IN SPORTS: COMPROMISING THE HEALTH OF ATHLETES AND UNDERMINING THE INTEG- RITY OF COMPETITION HEARING BEFORE THE SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED TENTH CONGRESS SECOND SESSION FEBRUARY 27, 2008 Serial No. 110–93 ( Printed for the use of the Committee on Energy and Commerce energycommerce.house.gov U.S. GOVERNMENT PRINTING OFFICE 49–522 PDF WASHINGTON : 2008 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 12:30 Jun 01, 2009 Jkt 037690 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\DOCUMENTS AND SETTINGS\CWELLS1\110-93 SCOM1 PsN: JIMC COMMITTEE ON ENERGY AND COMMERCE JOHN D. DINGELL, Michigan,Chairman HENRY A. WAXMAN, California JOE BARTON, Texas EDWARD J. MARKEY, Massachusetts Ranking Member RICK BOUCHER, Virginia RALPH M. HALL, Texas EDOLPHUS TOWNS, New York J. DENNIS HASTERT, Illinois FRANK PALLONE, JR., New Jersey FRED UPTON, Michigan BART GORDON, Tennessee CLIFF STEARNS, Florida BOBBY L. RUSH, Illinois NATHAN DEAL, Georgia ANNA G. ESHOO, California ED WHITFIELD, Kentucky BART STUPAK, Michigan BARBARA CUBIN, Wyoming ELIOT L. ENGEL, New York JOHN SHIMKUS, Illinois ALBERT R. WYNN, Maryland HEATHER WILSON, New Mexico GENE GREEN, Texas JOHN B. SHADEGG, Arizona DIANA DEGETTE, Colorado CHARLES W. ‘‘CHIP’’ PICKERING, Vice Chairman Mississippi LOIS CAPPS, California VITO FOSSELLA, New York MIKE DOYLE, Pennsylvania STEVE BUYER, Indiana JANE HARMAN, California GEORGE RADANOVICH, California TOM ALLEN, Maine JOSEPH R.
    [Show full text]
  • Circumstantial Evidence of Doping: BALCO and Beyond James A.R
    Marquette Sports Law Review Volume 16 Article 5 Issue 1 Fall Circumstantial Evidence of Doping: BALCO and Beyond James A.R. Nafziger Follow this and additional works at: http://scholarship.law.marquette.edu/sportslaw Part of the Entertainment and Sports Law Commons Repository Citation James A.R. Nafziger, Circumstantial Evidence of Doping: BALCO and Beyond, 16 Marq. Sports L. Rev. 45 (2005) Available at: http://scholarship.law.marquette.edu/sportslaw/vol16/iss1/5 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]. CIRCUMSTANTIAL EVIDENCE OF DOPING: BALCO AND BEYOND JAMES A.R. NAFZIGER* I. INTRODUCTION The use by athletes and others I of performance-enhancing substances and methods that are undetectable or difficult to detect has greatly complicated efforts to ensure a level playing field of sports competition. Until recently, anti-doping efforts depended almost entirely on physical testing of athletes and public education. Unfortunately, a patchwork of regulatory systems, sport by sport and nation by nation, has suffered from a lack of uniformity and enforcement measures. Great effort therefore has been put toward harmonizing rules, procedures for testing, and sanctions on a global basis of zero tolerance for doping.2 In particular, the World Anti-Doping Code (Code) and the International Convention Against Doping in Sport3 provide a more uniform, stable system of control. If, however, some performance-enhancing substances or methods defy detection in physical testing, what can be done to protect ethical athletes and the integrity of competition from the corruption of undetectable doping? The * Thomas B.
    [Show full text]
  • An Overview of Performance Enhancing Drugs (PED’S) in Sports and WADA
    J Young Pharm, 2019;11(4):344-349 A multifaceted peer reviewed journal in the field of Pharmacy Review Article www.jyoungpharm.org | www.phcog.net An Overview of Performance Enhancing Drugs (PED’s) in Sports and WADA Karri Sowjanya, Chandrashekaran Girish* Department of Pharmacology, Jawaharlal Institute of Postgraduate Medical Education and Research (JIPMER), Puducherry, INDIA. ABSTRACT The use of certain banned and illegal substances either to improve one’s cal techniques. Subsequently, WADA came up with the concept of ABP cognitive skills or to enhance their performance by athletes has become (Athlete Biological Passport) which helped resolve some of these issues. widely prevalent. These substances are commonly referred as perfor- This review tries to look into PED’s, the way they act, their ill-effects and mance enhancing drugs or PED’s and are used without any therapeutic also in brief about the designer drugs. It also highlights the role of WADA, intent. They belong to a wide variety of classes, some of which include ABP and the prohibited list of substances and methods for the year 2019. the anabolic steroids, hormonal agents, diuretics and the CNS stimulants. Key words: Anabolic steroids, Erythropoietin, World Anti-Doping Agency, The WADA (World Anti-Doping Agency), a collaborated network between Athlete Biological Passport, CNS stimulants. the sports authorities and the global governments was established to fight Correspondence against doping so as to have a fair competition among the athletes. Al- Dr. Chandrashekaran Girish, Department of Pharmacology, Jawaharlal Institute though, the regulatory bodies have put forth stringent legislations that can of Postgraduate Medical Education and Research (JIPMER), Puducherry, INDIA.
    [Show full text]
  • Performance Enhancing Drugs: History, Medical Effects & Policy
    Performance Enhancing Drugs: History, Medical Effects & Policy The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation Performance Enhancing Drugs: History, Medical Effects & Policy (2006 Third Year Paper) Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:8848241 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Microsoft Word 10.0.6612; Performance Enhancing Drugs: History, Medical Effects & Policy Yu-Hsuan Lee Class of 2006 April 2006 This paper is submitted in satisfaction of both the course requirement and the third year written requirement. 1 Abstract The goal of this paper is to serve as a general treatise on the vast topic of use of performance enhancing drugs in athletic competition. It begins by laying out the extensive history of doping in sports, from the ancient Romans to the East German Olympic swim team to the steroids scandal in baseball. The paper moves on to describe and discuss the many medical effects that use of performance enhancing drugs might trigger. The paper concludes by discussing the appropriateness of anti-doping policy in general by analyzing and scrutinizing the general strands of arguments that are used to support bans on doping. While many rationales are rejected, a few are ultimately accepted and they justify the implementation of anti-doping policies. Introduction From the very beginning when humans have engaged in competitive sports, they have tried to gain every possible edge against their adversaries.
    [Show full text]
  • In the Year 2000, the United States Anti-Doping Agency
    2000 2010 SPECIAL 10 year Anniversary ISSUE / FALL 2010 VOLUME 10 / ISSUE 2 In the year 2000, the United States Anti-Doping Agency was born as the result of recommendations made by the United States Olympic Committee (USOC) Select Task Force on Externalization to uphold the Olympic ideal of fair play, and to represent the interests of Olympic, Pan American, and Paralympic athletes. This special commemorative Spirit of Sport issue documents the impactful history of this evolving agency. Doping in History In the 50s, anabolic steroids became signed the Anti-Drug Abuse Act of An Independent U.S. available in the U.S. under FDA ap- 1988, outlawing the sale of steroids The term “doping” may be a relatively proval, and the Russian weightlifting for non-medical purposes; Congress Program is Created modern term in the context of perfor- team took advantage of testosterone passed the Anabolic Steroids Control That same year, at the urging of the mance enhancement, but the use of as a doping agent. The use of perfor- Act; Major League Baseball banned athletes themselves and with an eye extraordinary substances to enhance mance-enhancing drugs continued the use of steroids; and former East toward evaluating the U.S. anti- performance in sport is quite familiar. to gain popularity, and unfortunately German swimming coaches admitted doping efforts, the United States Athletes seeking an edge dates back led to the first athlete death in Olympic to two decades of systematic doping. Olympic Committee (USOC) Select to the ancient Greeks and the original competition in 1960. Another death Task Force on Drug Externalization Significantly, in early 1999, the World Olympic Games.
    [Show full text]
  • Confessions of Doping in Elite Sports
    religions Article When Rituals Fail: Confessions of Doping in Elite Sports Annie Blazer Department of Religious Studies, William & Mary, Williamsburg, VA 23187, USA; [email protected] Received: 1 October 2020; Accepted: 10 November 2020; Published: 13 November 2020 Abstract: In the nineteenth century, Protestant reformers declared: Sport builds character. They described sport as ethically valuable and as an experiential tool to teach values and cooperation. However, sports have long raised ethical challenges when it comes to fairness in competition. This article examines controversies over performance enhancing drugs and pays attention to the rituals of confession at play for those caught doping. Nineteenth-century revivalist Charles Finney formalized a ritual practice that became known as the “anxious bench”. Finney would demand that a sinner sit on the bench, separated from others because of their sinfulness, and confess their sinful ways in order to re-devote themselves to God and goodness. Turning to steroid use in Major League Baseball and Lance Armstrong’s doping scandal, I consider how rituals of confession based on the anxious bench failed to redeem these athletes because the athletes themselves resisted the premise. Rituals of confession preserve an underlying ideology that sport is morally valuable. When these rituals fail, they reveal less noble structural motivations that lead to doping in the first place like monetary reward, intense pressure to perform, and the entertainment demands of elite sport. Keywords: doping; anti-doping; confession; ritual; sports; Major League Baseball; Lance Armstrong; muscular Christianity 1. Introduction On 18 and 19 January 2013, Oprah Winfrey’s OWN network aired a two-part interview with Lance Armstrong, wherein he admitted to using banned performance enhancing techniques in all seven of his Tour de France victories.
    [Show full text]