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 Seeding Disease

May 1, 2018

I have yet to hear one satisfactory reason to advocate for seeding an all-comers, 740-team high school basketball tournament. But this I do know: Advocates of seeding are never satisfied.

Seeding high school basketball tournaments has become the rage since the NCAA Division I Men’s Basketball Tournament, still just a 68-team affair, became a billion dollar media business. Many people assume that what is used for this limited invitational college tournament is needed and appropriate for a high school tournament that involves 11 times as many teams.

The NCAA pours millions of dollars into the process of selecting and seeding its 68-team tournament, combining a variety of data-based measurements with the judgments and biases of human beings.

One of this year’s questionable selections to make the 68-team field was Syracuse ... which sent our more highly touted and seeded Michigan State Spartans back home early in the tournament.

Meanwhile, low-seeded Loyola-Chicago upset four teams on its way to the Final Four, and became the favorite of fans nationwide. Which argues for upsets. Which argues for randomness.

Which argues against seeding. Why pick the No. 1 seeds of four regions and have all four glide to the Final Four? What fun would that be?

A local sports columnist who is an outspoken advocate for seeding our state’s high school basketball tournament actually wrote a published column advocating for “more Loyolas” in the NCAA tournament, and he explained how to make that happen. Which, of course, seeding is designed to not make happen, but instead, to grease the skids for top-seeded teams.

When the NCAA Final Four brackets for San Antonio resulted in two No. 1 seeds on one side, playing in one semifinal game (Kansas and Villanova), while the other side of the bracket had a semifinal with a No. 3 seed (Michigan) and a No. 11 seed (Loyola), there was a call for more finagling ... for reseeding the semifinals so that the two No. 1 seeds wouldn’t have to play until the final game.

It was poetic justice to watch one No. 1 seed clobber the other No. 1 seed in a terrible semifinal mismatch.

The point is this: Seeding is flawed, and advocates of seeding are never satisfied. If we take a small step, they will want more steps. If we seed the top two teams of Districts, they will lobby for seeding all teams of the Districts. If we seed all teams of Districts, they will ask for seeding Regionals. And, if we seed the start of the tournament, they will want a do-over if it doesn’t work out right for the Finals.

Seeding is a distraction, and an addiction.