Logo

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.

Look Out Below!

March 27, 2018

Here are the kinds of statements that should send chills down the spines of thoughtful leaders of school-based basketball:

  • From Maverick Carter, business manager for LeBron James and CEO of Springhill Entertainment: “... the system is broken at the base, the foundation of it, which is youth basketball ... And if youth basketball is broken, then that’s part of his (NBA Commissioner Adam Silver’s) job, too, because those kids are quickly in his league.”
    “... the NCAA has these stupid-ass rules that are so archaic, so you have to fix that whole thing and figure out a way to do it. I own a piece of Liverpool football club, in European soccer, because clubs have a system all the way down to youth.”

  • From Michelle Roberts, NBA Players Association executive director: “... we need to go younger, and we’re now plotting ways to do that.”

  • From Draymond Green, formerly of Michigan State and now of the NBA’s Golden State Warriors: “You talk to the European guys who I’ve played with, and they’ve been making money since they were 15 years old ...”

  • From Michael Singer of the Commercial Appeal, Memphis, TN: “... the NBA is indeed exploring avenues to connect with elite high school players and improve the developmental system ... Part of the NBA’s plan could hinge on working with elite prospects throughout high school, whether at tournaments or at summer camps.”

So, at minimum, this is what school-based sports can expect as a result of NBA and NCAA efforts to fix what’s broken in college basketball:

  1. Additional pressures on students to specialize in basketball year-round from a very early age.

  2. Further distraction from the masses of players toward elite players.

  3. An attack on amateur standing rules in school-based basketball.