21 Pages Posted: 8 Oct 2009
Performance-enhancing substance use has attracted considerable political and media attention. However, relatively little analysis of the reasons for regulating substance use in professional sports exists. Most of the ostensible reasons for regulating performance-enhancing substance use are belied by leagues’ inadequate commitment to the justifications in other contexts. Further, most of the methods of proposed regulation would be ineffective and unworkable. In place of the standard test-and-punish regime advocated by doping authorities, this Essay argues that performance-enhancing substance policy should be modeled after federal and state securities regulation. Instead of punishing use, regulators should require disclosure of all substances used, and punish only omissions and fraud of a material nature. The goals of a regulation regime would be better achieved without unintended negative consequences through a market approach based on minimum disclosure requirements.
Keywords: steroids, sports, sports law, securities regulation, blue sky laws
JEL Classification: L83, K00
Suggested Citation: Suggested Citation
Rapp, Geoffrey Christopher, Blue Sky Steroids. Journal of Criminal Law and Criminology, Vol. 99, No. 3, 2009; University of Toledo Legal Studies Research Paper No. 2010-03. Available at SSRN: https://ssrn.com/abstract=1484996