Does Legislating Against Doping in Sports Make Sense? Comparing Sweden and the U.S. Suggests Not

Virginia Sports and Entertainment Law Journal vol. 13(1) p. 21 (Fall 2013)

14 Pages Posted: 22 Feb 2014

Date Written: February 1, 2013

Abstract

Both policy makers and sport stakeholders have fought against doping since the 1960’s but largely separately from each other. In light of recent events, political discussion, and academic debate, this article considers the expediency of using legislation to fight doping in sports. Building upon and comparing experiences in the U.S. and in Sweden, this article concludes that increased governmental involvement is undesirable from both the policy makers’ and the sport stakeholders’ perspectives. The reasons for this conclusion are, primarily, (i) that they are driven by different aims, (ii) that they differ in what they consider doping, (iii) that policy makers may push rules in sports in an unwanted direction, (iv) that expanded government involvement increases the likelihood of fundamental rights challenges to sport rules, and (v) that there are alternative ways of enhancing existing rules’ efficiency.

Keywords: Sports, Sports law, Doping, Fundamental rights, WADA, IOC, steroids, EPO, hGH

Suggested Citation

Lindholm, Johan, Does Legislating Against Doping in Sports Make Sense? Comparing Sweden and the U.S. Suggests Not (February 1, 2013). Virginia Sports and Entertainment Law Journal vol. 13(1) p. 21 (Fall 2013), Available at SSRN: https://ssrn.com/abstract=2399336

Johan Lindholm (Contact Author)

Umeå University ( email )

Umeå University
Department of Law
Umeå, Umeå 901 87
Sweden
+46907865603 (Phone)

HOME PAGE: http://https://www.umu.se/en/staff/johan-lindholm/

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
99
Abstract Views
631
rank
370,785
PlumX Metrics