Consider Communications

June 6, 2017

Like many of my generation, I have a love-hate relationship with advances in communications technology.

I love it when, during a single day, my wife and I can have important career conversations by text with one son in China, chuckle at dog photos from another son in Texas, message with a "daughter" in South Korea, and watch videos of a "granddaughter" in California. I need it for heart-to-heart emails with my sister in Oregon. I love it for talking with and seeing many of these people in real time, face to face through Skype.

I enjoy the freedom that this technology provides me to keep in touch with both work and family when I travel, or escape to the cottage on summer weekends. It makes me far more productive than I was able to be years ago.

And that's a good thing because, with all of the convenience has come the expectation that everybody is "on call" every minute of every day.

Which is but one of the many downsides of our technological progress. Another is that people can communicate so quickly that they are prone to do so without thinking. 

Another is the frequency of solicitations and the stupidity of most social media that tends to swamp my inbox. The "unsubscribe" feature cannot cope with the flood of foolishness.

I recall reading a biography of John Adams, masterfully created in large part from the letters written by his wife Abigail. It amazes me that when she wrote a letter to a person in Europe, she knew the letter would not be received for several months, and that she would not get a reply for half a year.

That was not necessarily a better time, but I imagine each word was given greater consideration as it was penned and posted.

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.