Legal Issues Arising Out of Blood Testing for Human Growth Hormone

Drug Testing and Analysis, Forthcoming

Marquette Law School Legal Studies Paper No. 09-30

9 Pages Posted: 19 Aug 2009  

Matt Mitten

Marquette University - Law School

Date Written: August 19, 2009

Abstract

To date, no U.S. or foreign court or arbitral tribunal has directly considered whether mandatory blood testing of athletes for banned performance-enhancing substances, including synthetic human growth hormone (rhGH), violates any internationally or nationally recognized individual rights to privacy or bodily integrity. To determine how this issue is likely to be resolved in litigation or arbitration, this article reviews the developing U.S. law and private international law established by arbitration awards regarding the legality of drug testing at the various levels of athletic competition as well as the compelled taking and testing of a person’s blood outside the context of athletics.

Keywords: blood testing, hgh, rhgh, human growth hormone, drug testing, sports, athletes, athletic

JEL Classification: K32, K42

Suggested Citation

Mitten, Matt, Legal Issues Arising Out of Blood Testing for Human Growth Hormone (August 19, 2009). Drug Testing and Analysis, Forthcoming; Marquette Law School Legal Studies Paper No. 09-30. Available at SSRN: https://ssrn.com/abstract=1457835

Matthew J. Mitten (Contact Author)

Marquette University - Law School ( email )

Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States

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