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Full-Text Articles in Law
The International War Against Doping: Limiting The Collateral Damage From Strict Liability, Thomas W. Cox
The International War Against Doping: Limiting The Collateral Damage From Strict Liability, Thomas W. Cox
Vanderbilt Journal of Transnational Law
The World Anti-Doping Agency (WADA) and the World Anti-Doping Code are largely considered the model for an effective and well-coordinated antidoping regime. This model has allowed numerous sports and various countries to secure the same rules for domestic and international athletes. Within this regime, strict liability for prohibited substances stands as the "cornerstone." Strict liability has allowed antidoping officials to prosecute doping violations through an effective testing regime. However, this principle occasionally implicates innocent athletes with no intention of performance enhancement. This Note proposes that WADA modify its criteria for including substances on the Prohibited List and suspend strict liability …
Criminal Liability Of Corporate Officers For Strict Liability Offenses - Another View, Kathleen F. Brickey
Criminal Liability Of Corporate Officers For Strict Liability Offenses - Another View, Kathleen F. Brickey
Vanderbilt Law Review
This Article offers an alternative analysis of the doctrine articulated by the Supreme Court in Dotterweich and Park and its subsequent application by the Ninth Circuit. In the course of so doing, it suggests that Professor Abrams has lost sight of the public welfare offense model that provided the analytical framework within which the cases were decided and that his postulates may thus be faulted as lacking in context. The analysis in this Article demonstrates that the responsible share standard of liability has, from the outset, incorporated the requirement of an act or omission to act and that of causation …