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.
Tools of Thought
July 13, 2018
(This blog first appeared on MHSAA.com on May 11, 2012.)
I am famous at home and office for my lack of keyboarding skills. The only “C” grade I received in high school was a summer school course in what was then called “typing.” At Dartmouth I paid a woman who worked at the dining hall to type my college papers. In an early job at the University of Wisconsin I typed the play-by-play of Badger football and basketball games with a clumsy “hunt-and-peck” approach.
Today, with the same lack of style, I pound out dozens of emails daily, hammering the keys like my first manual typewriter required four decades ago.
But for any document of great length or importance, I do as I’ve always done: take up pencil (my software) and legal pad (my hardware). There is no question that, for me, the nature of the equipment I’m using for writing affects the nature of the thinking.
With his eyesight failing late in his life, Freidrich Nietzsche bought his first typewriter, changing from pen and paper to the new technology of the 1800s. According to a 2008 article in Atlantic Monthly by Nichols Carr, a friend wrote to Nietzsche in a letter that, since adapting to the telegraphic style, Nietzsche’s terse prose had become even tighter. To which Nietzsche replied: “You are right, our writing equipment takes part in the forming of our thoughts.”
Which makes one wonder where all today’s tweeting and texting may take us.