CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, March 1, 2012

"What Major League Baseball Can Learn From the 4th Amendment"

Matthew Greenfield has this op-ed at Forbes, commenting on the lingering doubt in the Ryan Braun drug-use case. In part:

The Ryan Braun arbitration is more complicated—Braun, after all, maintains that he is innocent—but would benefit no less from a private remedy regime. Only the arbitration panel knows whether it was persuaded by the mere technical irregularity or whether it doubted the reliability of the test result. If the panel could throw out the test result only because of unreliability (from suspected tampering), then a ruling in Braun’s favor would mean he could play baseball with his reputation unvarnished, while a ruling against Braun would mean that the procedural hiccup was purely procedural, that it had not affected the accuracy of the test, and that although he had doped he could still seek 1983-style redress for the botched sampling process. Players would be unable to escape the consequences of drug use through technicalities, officials would know that procedural missteps result in sanctions, and fans would know which players play honestly.

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