ILNews

Appeal dropped against Valpo clinic's client

Rebecca Berfanger
January 1, 2008
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The first athlete to win an arbitration against the U.S. Anti-Doping Agency, a client of the Valparaiso University School of Law's Sports Law Clinic, has received another win. The World Anti-Doping Agency has dropped its appeal of last year's decision in favor of a record-breaking sprinter, the university announced April 22.

The ruling in United States Anti-Doping Agency v. LaTasha Jenkins in Jenkin's favor was initially announced Dec. 12, 2007, and the 44-page decision was released Jan. 25, 2008, clearing her of charges that she used the steroid nandrolone after testing positive during a routine drug test in July 2006. That story was reported in Indiana Lawyer Jan. 9-22, 2008, "Team Effort Prevails."

"Having carefully reviewed the scientific data of this case, which includes material not available to us from the initial hearing, WADA has reached the conclusion that the adverse analytical findings cannot lead to a sanction of Jenkins," WADA wrote about dropping the appeal.

Michael Straubel, director of the clinic and an associate professor of law, and four third-year Valparaiso law students, who are members of the clinic, represented Jenkins in the USADA arbitration, which was heard in October 2007.

In the USADA hearings for Jenkins' case, members of the Sports Law Clinic argued that the test results weren't accurate and those who conducted the testing didn't follow proper procedures.

Jenkins, who has competed in the 100- and 200-meter sprint events and won the silver medal at the 2001 World Track Indoor Championships and the bronze medal at the 2001 World Track Championships, said in a statement she intends to resume her career as a sprinter and is ready to move on, hoping that others will recognize that she has been cleared and that her reputation has been restored.

The charges took away nearly two years of her running career and an endorsement deal.

"It was a good day for athletes," Straubel said in a statement. "The panel acknowledged that an allegation of doping is a serious matter which profoundly affects an athlete, and laboratories therefore must ensure the highest scientific reliability of the testing process. We support efforts to stop the use of performance-enhancing drugs and are proud of our work in this case."
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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