Where Was the Steroid Use “Illegal”?

Believe it or not, the Mitchell Report on steroid use in Major League Baseball may present an interesting international choice-of-law issue. As Roger Alford notes at Opinio Juris, the report presumes that all steroid use that would have been illegal if performed in the United States was illegal, even though some of the alleged offenses occurred in other countries. As Alford notes:

Problem is, under traditional rules of extraterritoriality, the federal regulation of the use of performance enhancing substances does not obviously apply when such use occurs in other countries. And various sections of the Mitchell Report detail allegations of

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