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.
Kicking Bad Habits
May 4, 2018
Forty years ago, as a youngster on a venerable staff at the national office of the National Federation of State High School Associations, where the playing rules for high school football were published, I would entertain my colleagues with a quixotic proposal – year after year – to eliminate the kickoff from football.
As a college player, I got my first playing time as a member of the kickoff team. I knew it was because the coaches didn’t want to risk injury to better players.
As a high school coach, when I conducted preseason scrimmages, I always insisted that kickoffs not occur because I didn’t want to risk season-ending injuries before the season even began.
So, as the world of football from youth levels to the pros is eliminating kickoffs or altering rules to reduce their frequency, I write smugly, “What took you so long?”
Rules committees on every level for every sport have an obligation to examine the data for their sports closely and determine precisely the circumstances that cause the most injuries. And then they must create and enforce rules that will eliminate or greatly modify that most injurious situation.
If the data tells us now what my gut told me as a young coach and administrator, we should give kickoffs the boot.