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Copyright (c) 2010 Gould School of Law
Southern California Interdisciplinary Law Journal

NOTE: CAUGHT IN THE NET: ATHLETES' RIGHTS AND THE WORLD ANTI-DOPING AGENCY

Spring, 2010

Southern California Interdisciplinary Law Journal

19 S. Cal. Interdis. L.J. 533

Author

Matthew Hard*

Excerpt



I. INTRODUCTION: WHY WE SHOULD CARE ABOUT DOPING IN SPORTS WHILE PROTECTING ATHLETES' RIGHTS

"Citius, altius, fortius" - Olympic Motto 1

Olympic sports competition holds a unique position in society. At its noblest, Olympism is a "philosophy of life ... blending sport with culture and education," which serves the ultimate end of promoting a peaceful society. 2 Contributing to a collective world narrative, Olympic competition connects cultures through the dramatic spectacle of unexpected success, unexpected failure, and plain luck. Olympic competition also serves as a platform for nationalism, as countries become tremendously invested in the success of their athletes. The elevated position that Olympic competition has in society makes cheating a particularly egregious violation of the Olympic spirit. To protect the integrity of Olympic competition and the health of athletes, cheaters must be caught and punished. However, judicial economy and practical considerations in the fight against doping require certain legal presumptions 3 that run against the notions of culpability we traditionally use to label someone a "cheater." 4

This Note will analyze current international anti-doping law - which includes the goals, the principles used to justify the goals, the rules, and the sanctions - with an emphasis on athletes' rights. There is a group of commentators who argue for the legalization of performance enhancers; 5 an obvious way to remove the problem of cheating would be to legalize all substances so no rules are broken. However, sport would then become a battle not of talent, but of who ...
 
 
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