Transhuman Babies and Human Pariahs 195
treatment of depression to improving work performance.101 It is estimated that in 2016, the
nutritional supplement industry which encompasses nootropics was worth between $12 and $37
billion.102 Students routinely turn to the more traditional “smart drugs” to gain an edge in an
increasingly competitive higher education landscape.103 For example, in the year 2000, there were
about five million prescriptions written for Adderall—a popular, widely-abused104 “smart drug”—
in the United States; in 2005 the number of scripts for the drug multiplied to about nine million.105
Everyday people purchase electronic devices to improve physical performance,106 sleep,107 and
even correct “bad habits” by giving themselves electric shocks.108 Despite strict anti-doping
policies,109 professional athletes routinely use performance-enhancing drugs.110 The 2016 Rio
Olympics were ridden with doping scandals.111 Yet, despite these scandals and their implications
101 Khazan, supra note 100.
102 Montgomery, supra note 100.
103 Leigh Jones, Adderall in Law Schools: A Dirty Little Secret, NAT’L L. J. (Nov. 3, 2016),
104 Many students take Adderall for performance-enhancing purposes and obtain the drug without a prescription.
Hub Staff Report, Adderall Abuse on the Rise Among Young Adults, Johns Hopkins Study Suggests, JOHNS HOPKINS
U. (Feb. 2016), http://hub.jhu.edu/2016/02/16/adderall-abuse-rising-young-adults/. See generally Lian-Yu Chen,
Rosa M. Crum, Eric C. Strain, G. Caleb Alexander, Christopher Kaufmann, & Ramin Mojtabai, Prescriptions,
Nonmedical Use, and Emergency Department Visits Involving Prescription Stimulants, 77 J. CLIN. PSYCHIATRY 297
(Mar. 2016). See also Casey Schwartz, Generation Adderall, N. Y. TIMES MAGAZINE (Oct. 12, 2016),
105 Schwarz, supra note 104. Moreover, students are easily able to obtain Adderall without a prescription to use as a
study aid. See also ALAN SCHWARZ, ADHD NATION: CHILDREN, DOCTORS, BIG PHARMA, AND THE MAKING OF AN
AMERICAN EPIDEMIC 226 (Scribner 2016). Schwarz notes: “Dozens of studies since the 1990s have estimated that
about 8 to 35 percent of undergraduates take stimulant pills illicitly to try to improve their grades; a reasonable
estimate among high-pressure colleges is probably 15 to 20 percent.” Id.
106 See FITBIT, www.fitbit.com (last visited May 12, 2017).
107 See HELLO, https://hello.is/ (last visited May 12, 2017).
108 See PAVLOK, https://pavlok.com/ (last visited May 12, 2017). Pavlok’s website states how the device works:
“each time you do that bad habit send yourself a zap by pressing down on the device…” Pavlok, How Does Pavlok
Work? https://pavlok.groovehq.com/knowledge_base/topics/how-does-pavlok-work (last visited Apr. 4, 2017)
109 See World Anti-Doping Code, WORLD ANTI-DOPING AGENCY, https://www.wada-ama.org/en/what-we-do/the-code (last visited May 12, 2017).
110 See Motez Bishara, Russian Doping: ‘an Unprecedented Attack on the Integrity of Sport & the Olympic Games,’
CNN (July 21, 2016), http://edition.cnn.com/2016/07/18/sport/russia-doping-sochi-2014-olympic-games-rio-2016/.
See also Ben Rumsby, Rio 2016 Olympics: Anti-Doping Branded ‘Worst’ in Games History, TELEGRAPH (Aug. 17,
history/. The Article noted the difficulties the organizers of the Rio Olympics encountered in conducting the doping
tests. Id. A commentator noted that the issue with testing was so bad that “we almost [got] to the situation where
we’re lucky to catch anybody.” Id. This comment implies that it is not a question of whether doping takes place at
the most famous international sports event, which is governed by the World Anti-Doping Agency and the World
Anti-Doping Code, [See Who We Are, WORLD ANTI-DOPING AGENCY, https://www.wada-ama.org (last visited May
12, 2017)] but instead, the extent to which it happens. Despite this unspoken truth, the Olympic Games still enjoy
popularity among the watching public. See Daniel Holloway, How Rio Ratings Surprised NBC and Will Impact
Future Olympics, VARIETY (Aug. 23, 2016), http://variety.com/2016/tv/news/2016-olympics-ratings-rio-nbc-
1201843200/. 27.5 million people watched the Rio Olympic Games. Id. See also Maxwell J. Mehlman, Elizabeth
Banger, & Matthew M. Wright, Doping in Sports and the Use of State Power, 50 ST. LOUIS L. J. 15 (2005)
(providing general overview of the extensive history of doping in sports).
111 See Bishara, supra note 110.