Home -> Law Blog Directory -> Legal Commentary Blogs -> Prawfs
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: PrawfsBaseball, Steroids, and Jurisprudence
By Dan Markel, Ethan Leib, Rick Garnett, Matt Bodie, Paul Horwitz , Steve Vladeck, and Orly Lobel
Here is a question for the jurisprudes and the crim law types:
In 1991, baseball established by rule that it was against the rules of the game to use a range of drugs, including steroids. There was no testing, no enforcement mechanism, and no determinate punishments for using steroids. That was the state of affairs until the start of the 2006 season, thus it was the state of affairs from 2001-03, when Alex Rodriguez has admitted to using steroids and when he tested positive. Of course, the commissioner did have catch-all "best interests of baseball" powers, so punishment was possible through that power. But absent testing, there arguably was no way ever to find out that someone was using steroids.
So, my question: Has Rodriguez "cheated" or "broken the rules" of baseball (put aside societal laws against steroid distribution, possession, or use) given the legal state as described. Is a stated legal prohibition that is not, as a matter of law, enforceable or punishable, a legal prohibition that can be violated?
Full post as published by Prawfs on February 11, 2009 (boomark / email).
Mitchell Report Summary
Report on Steroid Drug Use in Major League Baseball by Senator George Mitchell
Baseball Players Named in Mitchell Report
Major League Baseball Players using Performance Enhancing Drugs

BALCOd: How Will the Tammy Thomas Conviction Affect Barry Bonds and Future Steroids Cases
Oversight Hearing on Steroids in Baseball
Will Someone Please Sue Major League Baseball. Pretty Please








