Does Legislating Against Doping in Sports Make Sense? Comparing Sweden and the U.S. Suggests Not / Johan Lindholm. - (Virginia Sports and Entertainment Law Journal 13 (2013) 1 (Fall); p. 21-34)
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