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44 Colum. J.L. & Arts 209 (2020-2021)
WADA Time to Choose a Side: Reforming the Anti-Doping Policies in U.S. Sports Leagues While Preserving Players' Rights to Collectively Bargain

handle is hein.journals/cjla44 and id is 209 raw text is: WADA Time to Choose a Side: Reforming the Anti-Doping Policies in U.S. Sports Leagues While Preserving Players' Rights to Collectively Bargain Warren Chu* INTRODUCTION If you were to ask any sports fan whether performance enhancing drugs (PEDs) are prevalent in any of the major U.S. sports leagues, the answer would likely be a resounding yes.' From Barry Bonds to Lance Armstrong, the specter of doping has hung over American sports for decades, and there has been consistent pressure to ramp up efforts to both deter and catch offenders.2 Yet, while the major U.S. sports leagues-such as Major League Baseball (MLB), the National Basketball Association (NBA), and the National Football League (NFL)-have updated their drug policies, they have not signed on to the World Anti-Doping Agency's Anti- Doping Code.3 To outside observers, the question arises: If American sports leagues * J.D. Candidate, Columbia Law School, Class of 2021; B.A., University of California, Los Angeles, Class of 2017; 2020-2021 Notes and Articles Editor of the Columbia Journal ofLaw & the Arts. Thank you to Professor Petros C. Mavroidis for his guidance and expertise on this subject. My thanks also go out to Kate Garber, Will Reed, Alec Fisher, and the staff of the Columbia Journal ofLaw & Arts for their edits and suggestions in refining this Note. Finally, I am very grateful for the constant support and editing from Jessica Y. Lim. 1. Jere Longman & Marjorie Connelly, Drug Testing; Americans Suspect Steroid Use in Sports Is Common, Poll Finds, N.Y. TIMES (Dec. 16, 2003), https://perma.cc/RSX3-L9MN (finding that 43 percent of those polled said they believed that at least half of professional athletes in the United States use steroids); Doping Survey Reveals Public Opinion, FOUND. FOR GLOB. SPORTS DEV. (Jan. 28, 2014), https://perma.cc/9H56-ZH99 (finding that U.S. adults believe that as many as 4 in 10 athletes have used PEDs at some point in their careers). 2. Lawrence Donegan, Barry Bonds Found Guilty but Baseball Is Guilty Too, GUARDIAN: SPORTBLOG (Apr. 14, 2011), https://perma.cc/X8DJ-HC2U; Josh Levs, Lance Armstrong's Epic Downfall, CNN (Oct. 22, 2012), https://perma.cc/DG4X-K8GU; David Wharton, U.S. Anti-Doping Authorities Urge Congress To Criminalize Cheating, L.A. TIMES (Feb. 5, 2020), https://perma.cc/AK38- EPX9. 3. Matthew Futterman, A New U.S. Law Would Target Doping's Enablers. International Watchdogs Don't Like It., N.Y. TIMES (Nov. 18, 2020), https://perma.cc/Q4Q5-FKT3 (noting that the NFL, the NBA, MLB, and the NHL are not signatories to the WADA code) © 2021 Chu. This is an open access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction, provided the original author and source are credited. 209

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