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WADA & Contador: "strict liability"
Scott wrote:
You think there actually was some meat involved? Spanish cucumbers seem to be quite potent too. |
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#12
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WADA & Contador: "strict liability"
In article
, Randall wrote: Personally I think a unilateral rule of "strict liablity" is too harsh to be applied in all cases. I think WADA should show intent to dope. (http://velonews.competitor.com/2011/...er-so-the-uci- is-appealing_165162 ) "While the WADA Code and the UCI’s anti-doping rules have evolved over the years, there is still a commitment to the principle of “strict liability” when it comes to doping violations. The reasoning is that if an athlete, even accidentally, ingests a banned substance, it gives him or her an unfair competitive advantage over those athletes who had not used the same substance. In other words, the most logical course for the UCI to pursue might be to concede the whole question of bovine contamination, agree with the Spanish federation’s conclusion that no fault existed, but argue that even so, Contador must at least be penalized by having his 2010 Tour de France results negated." First across the line wins. -- Old Fritz |
#13
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WADA & Contador: "strict liability"
In article
, Randall wrote: On May 31, 1:05*am, DC wrote: Randall said the following on 31/05/2011 12:20 PM: Personally I think a unilateral rule of *"strict liablity" is too harsh to be applied in all cases. I think WADA should show intent to dope. Good luck trying to prove intent. You would just make it a free for all. I am not exactly certain what the solution is. There is no solution because there is no problem. But there needs to be some middle ground in determining guilt. Due process. Guards against unreasonable search and seizure. A jury of one's peers. -- Old Fritz |
#14
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WADA & Contador: "strict liability"
On May 31, 8:53*am, Simply Fred wrote:
Scott wrote: You think there actually was some meat involved? Yes there is the possiblity. Spanish meat has had clenbuterol. "The UCI issued a statement reporting that the concentration was 50 picograms per millilitre, and that this was 400 times below the minimum standards of detection capability required by WADA, and that further scientific investigation would be required. Contador was provisionally suspended from competition, although this had no short- term effect as he had already finished his racing programme for the 2010 season.[96][97][98] Contador had been informed of the results over a month earlier, on August 24.[99] Later the amount discovered was clarified as 40 times below the minimum standards, rather than the 400 times originally reported by the UCI. Contador's scientific adviser claimed that he would have needed 180 times the amount detected to gain any benefit in his performance.[100]" Spanish cucumbers seem to be quite potent too. |
#15
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WADA & Contador: "strict liability"
On May 31, 2:35*pm, Randall wrote:
On May 31, 8:53*am, Simply Fred wrote: Scott wrote: You think there actually was some meat involved? Yes there is the possiblity. Spanish meat has had clenbuterol. "The UCI issued a statement reporting that the concentration was 50 picograms per millilitre, and that this was 400 times below the minimum standards of detection capability required by WADA, and that further scientific investigation would be required. Contador was provisionally suspended from competition, although this had no short- term effect as he had already finished his racing programme for the 2010 season.[96][97][98] Contador had been informed of the results over a month earlier, on August 24.[99] Later the amount discovered was clarified as 40 times below the minimum standards, rather than the 400 times originally reported by the UCI. Contador's scientific adviser claimed that he would have needed 180 times the amount detected to gain any benefit in his performance.[100]" Really, you think there actually was some contaminated meat? Really?? |
#16
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WADA & Contador: "strict liability"
Dumbass, if you want to race bikes, fly planes and drive school buses
you give up those rights. ======= As far as I know, airline pilots and school bus drivers are not subject to forced blood tests. -ilan ======= Don't know about school bus drivers, but airline pilots most certainly are required to take all manner of tests, including blood tests, on a regular basis. Every 6 months if you're over 40, every 12 months if under. Basically a full physical including an array of tox screens far beyond the norm. There are all manner of things we choose to do that require giving up various rights (primarily to privacy). It's likely that a case has to be made for why such tests are essential for safety and job performance. --Mike-- Chain Reaction Bicycles www.ChainReactionBicycles.com "ilan" wrote in message ... On May 31, 3:43 pm, Choppy Warburton wrote: On May 31, 8:34 am, ilan wrote: On May 31, 3:26 pm, ilan wrote: On May 31, 6:20 am, Randall wrote: Personally I think a unilateral rule of "strict liablity" is too harsh to be applied in all cases. I think WADA should show intent to dope. (http://velonews.competitor.com/2011/...er-so-the-uci- is-appealing_165162 ) "While the WADA Code and the UCIs anti-doping rules have evolved over the years, there is still a commitment to the principle of strict liability when it comes to doping violations. The reasoning is that if an athlete, even accidentally, ingests a banned substance, it gives him or her an unfair competitive advantage over those athletes who had not used the same substance. In other words, the most logical course for the UCI to pursue might be to concede the whole question of bovine contamination, agree with the Spanish federations conclusion that no fault existed, but argue that even so, Contador must at least be penalized by having his 2010 Tour de France results negated." This stuff is probably contrary to the European declaration of human rights. Kasheshkin's Belgian lawyer already stated that he was going to appeal current anti-doping rules to the European court of human rights, but Kasheshkin gave up before he could do that. Too bad, because I believe that there is already a good case that the current system violates European employment laws, not to mention human rights. -ilan Actually, the argument is quite clear. Taking a blood sample is a form of personal search and seizure which, for example in France, can only be done when ordered by a prosecutor in a criminal investigation. In the US, such a search requires probable cause, but just doing your job cannot be legally regarded as such. I suppose that the current justification is that riders have given the anti-doping authorities the right to do this, however, the point is that one cannot be forced to give up a fundamental right, and in this case, it is a form of coercion since professional cyclists can't do their job without giving it up. -ilan Dumbass, if you want to race bikes, fly planes and drive school buses you give up those rights. As far as I know, airline pilots and school bus drivers are not subject to forced blood tests. -ilan |
#17
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WADA & Contador: "strict liability"
Randall wrote:
Personally I think a unilateral rule of "strict liablity" is too harsh to be applied in all cases. I think WADA should show intent to dope. (http://velonews.competitor.com/2011/...er-so-the-uci- is-appealing_165162 ) "While the WADA Code and the UCIs anti-doping rules have evolved over the years, there is still a commitment to the principle of strict liability when it comes to doping violations. The reasoning is that if an athlete, even accidentally, ingests a banned substance, it gives him or her an unfair competitive advantage over those athletes who had not used the same substance. In other words, the most logical course for the UCI to pursue might be to concede the whole question of bovine contamination, agree with the Spanish federations conclusion that no fault existed, but argue that even so, Contador must at least be penalized by having his 2010 Tour de France results negated." In football you get 6 months, most of which is served in the off season: http://www.guardian.co.uk/football/2011/may/26/kolo-toure-six-month-ban |
#18
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WADA & Contador: "strict liability"
On Jun 1, 6:24*am, "Mike Jacoubowsky" wrote:
Dumbass, if you want to race bikes, fly planes and drive school buses you give up those rights. ======= As far as I know, airline pilots and school bus drivers are not subject to forced blood tests. -ilan ======= Don't know about school bus drivers, but airline pilots most certainly are required to take all manner of tests, including blood tests, on a regular basis. Every 6 months if you're over 40, every 12 months if under. Basically a full physical including an array of tox screens far beyond the norm. There are all manner of things we choose to do that require giving up various rights (primarily to privacy). It's likely that a case has to be made for why such tests are essential for safety and job performance. --Mike-- * * Chain Reaction Bicycleswww.ChainReactionBicycles.com "ilan" wrote in message ... On May 31, 3:43 pm, Choppy Warburton wrote: On May 31, 8:34 am, ilan wrote: On May 31, 3:26 pm, ilan wrote: On May 31, 6:20 am, Randall wrote: Personally I think a unilateral rule of "strict liablity" is too harsh to be applied in all cases. I think WADA should show intent to dope. (http://velonews.competitor.com/2011/...er-so-the-uci- is-appealing_165162 ) "While the WADA Code and the UCIs anti-doping rules have evolved over the years, there is still a commitment to the principle of strict liability when it comes to doping violations. The reasoning is that if an athlete, even accidentally, ingests a banned substance, it gives him or her an unfair competitive advantage over those athletes who had not used the same substance. In other words, the most logical course for the UCI to pursue might be to concede the whole question of bovine contamination, agree with the Spanish federations conclusion that no fault existed, but argue that even so, Contador must at least be penalized by having his 2010 Tour de France results negated." This stuff is probably contrary to the European declaration of human rights. Kasheshkin's Belgian lawyer already stated that he was going to appeal current anti-doping rules to the European court of human rights, but Kasheshkin gave up before he could do that. Too bad, because I believe that there is already a good case that the current system violates European employment laws, not to mention human rights. -ilan Actually, the argument is quite clear. Taking a blood sample is a form of personal search and seizure which, for example in France, can only be done when ordered by a prosecutor in a criminal investigation. In the US, such a search requires probable cause, but just doing your job cannot be legally regarded as such. I suppose that the current justification is that riders have given the anti-doping authorities the right to do this, however, the point is that one cannot be forced to give up a fundamental right, and in this case, it is a form of coercion since professional cyclists can't do their job without giving it up. -ilan Dumbass, if you want to race bikes, fly planes and drive school buses you give up those rights. As far as I know, airline pilots and school bus drivers are not subject to forced blood tests. -ilan What you say makes sense, but even in the case of airline pilots, I would conjecture that the blood tests, etc., are simply part of regular fitness checkups, to make sure they are healthy (and maybe also to see if they are taking drugs). However, I doubt that airline pilots are woken up without notice at 6am to give blood, as happens in cycling. Once again, I have no doubt that the current anti-doping practices would be found illegal by the European Court of Human Rights. -ilan |
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