tag:blogger.com,1999:blog-31819641.post5646651471665995139..comments2023-10-06T03:21:26.130-07:00Comments on trust but verify: Judging Floyd, Part IIDBrowerhttp://www.blogger.com/profile/17718913310467614671noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-31819641.post-59791606937751702612007-03-08T15:22:00.000-08:002007-03-08T15:22:00.000-08:00Ferren, duckstrap,Here is the hockey player link t...Ferren, duckstrap,<BR/>Here is the hockey player link that was exonerated by CAS Appeal Chir Richard McLaren. As you can see, the guy was knocked unconscious and received medical treatment including a steroid injected for medical reasons while he was asleep. He had no knowledge that the steroid had been part of his treatment.The ruling carved out an exception to "strict liabbility" under such circumstances. McLaren probably has the best record of the 3 then when an athlete is exonerated. Neither Brunet nor Campbell appear to ahve ever served on a panel exonerating an athlete while MsLaren has, twice, albeit never for the AAA-CAS.<BR/> <BR/>Professor McLaren published a PowerPoint presentation called "Exceptional Circumstances:Arbitrator Discretion?" and he discusses the hockey player case, the French case and a number of other cases. We are still attempting to get a good link to the actual Pobyedonostev CAS decision.<BR/>It is important because Professor McLaren writes that the arbitration panel has the power to interpret anti-doping policy to carve out exceptions to the concept of strict liability. Perhaps the assertion of such power to interpret policy will play a role in whether "B" samples may be further tested. Very interesting stuff! <BR/><BR/>Here is the cite:<BR/><BR/>http://72.14.203.104/search?q=cache:G-z0bnc2hm0J:www.kcl.ac.uk/content/1/c6/02/20/05/18Jan07DrugsandDoping2.pdf+Pobyedonostsev+CAS&hl=en&ct=clnk&cd=9&gl=usAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31819641.post-81934835026953261372007-03-08T14:47:00.000-08:002007-03-08T14:47:00.000-08:00TbV and Judge,Very gratifying to have some informa...TbV and Judge,<BR/><BR/>Very gratifying to have some information about the arbitrators besides which side picked whom. Looking forward to your future installments.<BR/><BR/>MarcAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31819641.post-13014780084696103362007-03-08T14:08:00.000-08:002007-03-08T14:08:00.000-08:00dB--I got the same thing.DuckstrapdB--I got the same thing.<BR/>DuckstrapAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31819641.post-55424626005886100832007-03-08T14:05:00.000-08:002007-03-08T14:05:00.000-08:00I don't understand what you are getting at, David....I don't understand what you are getting at, David. You pointed me to the same French decision. What am I missing? <BR/><BR/>-FerrenAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31819641.post-71395372119210247692007-03-08T13:40:00.000-08:002007-03-08T13:40:00.000-08:00Thanks Ferren, that is a good trick. Here is a pa...Thanks Ferren, that is a good trick. Here is a payback:<BR/><BR/>http://72.14.209.104/search?q=cache:ceaVhQQVey4J:www.tas-cas.org/en/pdf/Pobyedonostsev.pdf<BR/><BR/>who is a Ukranian hockey player who a was given steroid while unconscious, thus qualifying for the no-fault exception.<BR/><BR/>TBVDBrowerhttps://www.blogger.com/profile/17718913310467614671noreply@blogger.comtag:blogger.com,1999:blog-31819641.post-37228211000294567262007-03-08T12:38:00.000-08:002007-03-08T12:38:00.000-08:00Richard McLaren did chair the CAS appeal panel whi...Richard McLaren did chair the CAS appeal panel which overturned the Aussie cyclist Mark French's two year ban. So his record should be 9-1. <BR/><BR/>http://72.14.209.104/search?q=cache:ceaVhQQVey4J:www.tas-cas.org/en/pdf/French.pdf+mark+french+cas+mclaren&hl=en&ct=clnk&cd=5&gl=us<BR/><BR/>-FerrenAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31819641.post-76205518900677626552007-03-08T12:37:00.000-08:002007-03-08T12:37:00.000-08:00Sure, Cal!That will be covered in the very next in...Sure, Cal!<BR/>That will be covered in the very next installment.<BR/>BillAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-31819641.post-34888456106408374172007-03-08T10:45:00.000-08:002007-03-08T10:45:00.000-08:00TBV and Bill,You may address the answer to this qu...TBV and Bill,<BR/><BR/>You may address the answer to this question in subsequent parts of this series, but I am curious. I read that each side needs to submit a list of those who will testify for them and brief comments stating the substance of their testimony. Is that correct and at what point does that happen? It seems to me that becomes the point at which the USADA will know the extent of FL's case.Anonymousnoreply@blogger.com