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.
No Rules?
February 6, 2018
We like to say that school sports is “educational athletics,” but this does not mean athletics and academics should be treated exactly the same.
Competitive athletics is not like the composition or algebra classroom. Competitive athletics requires two opponents playing by the same rules that govern who can play and how they can play.
In 1907, William James put in writing a series of lectures he had given in Boston the year before titled “Pragmatism: A New Name for Some Old Ways of Thinking.” Included in the third lecture is this gem:
“. . . the aim of a football team is not merely to get the ball to a certain goal (if that were so, they would simply get up on some dark night and place it there), but to get it there by a fixed machinery of conditions – the game’s rules and the opposing players;”
This to James was a given, cited to help him make a more profound point.
But the point here is profound enough for us. Without rules, and opponents playing by the same rules, there is no validity in moving the ball to the goal. Without rules, there is no value in sinking the putt, making the basket, clearing the bar, crossing the finish line. Without a regulatory scheme adhered to by all competitors, victory is hollow.