Channeling Change
May 7, 2014
In the ubiquitous discourse about global warming and rising seas, one school of thought follows this thread: (1) global warming’s fundamental cause is beyond human behavior; but (2) changing human behaviors could slow the rate of warming; and (3) these changed behaviors would improve the environment and the quality of existence for all the globe’s life forms and therefore should be promoted even if they cannot affect the ultimate warming of the planet.
Among those who admit to the inevitability that the planet will continue to warm regardless of humans’ best efforts are those who believe we should be planning for elevated sea levels now, not by working on ways to keep the rising waters out, but on innovative means of letting the water in.
With the Dutch, for example, among models, it is suggested that coastal communities begin today to build networks of canals that allow water to flow inland along planned routes that people can use and enjoy, and that the seawater be directed to places desperate for hydropower or where this seawater can be made free of unwanted species and fresh for human use and agriculture.
Rather than building walls to keep the water out, build canals to let water in to be cleansed and used for our betterment.
This caused me to wonder if this kind of thinking would help us in school sports to reframe discussion on problems that seem too large for us to solve. Like the negative influence of non-school sports on interscholastic athletics and rules that limit out-of-season coaching of students by school coaches.
Out-of-season coaching is one of the focus topics for the MHSAA during the second half of 2014, and this image in response to global warming is one of several we may use to reframe discussion before we attempt to rewrite the rules. Are there ways to channel negative situations toward positive results . . . without the threat of introducing invasive species?
Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.