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.
The Pencil Tale
May 25, 2018
I’ve learned to create at the computer keyboard, but my favorite writing experience continues to be by pencil (with eraser), legal pad and a pot of hot coffee. Thus, I’ve enjoyed this anonymous parable of the pencil.
An old pencil maker took his newest pencil aside, just before he was about to pack him into a box. Imagining the little fellow as a person, he recalled a few things about the pencil.
“There are five things you need to know,” he said to his pencil, “before I send you out into the world. Always remember these five things – never forget them – and you will become the best pencil you can be!
“The first thing is to remember that you will be able to do many great things, but only if you put yourself in someone else’s hands.
“From time to time you will experience a painful sharpening, but remember that this will make you a better pencil.
“Also, keep in mind that you will be able to correct any mistakes you might make along the way.
“And the most important part of you is what’s on the inside.
“And remember this, as well, upon every surface that you are used, you must leave your mark. No matter what else happens, you must continue to write.”