Controlled Fires
July 24, 2012
Forest fires have recently been scorching the United States with unusual reach and rage. Infernos in the Upper Peninsula of Michigan, as well as Arizona, Colorado, Idaho, Nevada, New Mexico, Oregon, South Dakota, Utah and Wyoming, have made news in our state.
Behind the headlines of the lightning-ignited 150-square-mile devastation near Fort Collins, Colorado is the analysis of forestry and conservation experts that it has been the absence of small fires that has helped to fuel the large fire. Turns out that Smokey the Bear’s campaign to prevent forest fires may be partly at fault.
In most of life, little problems here and there help to avoid larger problems later. The little fires consume the fuel that would feed a catastrophic conflagration exploding out of pent-up fears or frustrations or long-festering problems.
Even those who work in the “prevention business” – whether that’s the US Forest Service or a statewide athletic association – must tolerate a few fires. They can have positive, productive effects, one of which is to keep small problems from growing large and more destructive.
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.