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.
Current Events
November 3, 2017
This is the ninth year that I have been posting blogs twice a week – each Tuesday and Friday. A recent project required I go back through the postings of the eight previous years; and a sidebar of that project is this posting.
I rediscovered that in the fall of 2009, I was writing about topics that remain current today. For example,
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August 18 – What new sports may be in the future of high school athletics?
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August 25 – The prospects of 8-player football.
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September 4 – Baseball pitching rules.
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September 8 – Video streaming.
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October 6 – Protection from head injuries.
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November 17 – Foreign students.
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November 20 – Football scheduling.
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November 27 – Football Playoffs.
And on several occasions over the first six months, the topics were problems in school finance and the financial pressures on school sports, reasons for various eligibility rules, changes in playing rules to promote participant safety, tournament classification, and the need for stronger leadership on all levels of school sports.
All of these topics remain current. Proving once again, perhaps, that the more things change, the more they stay the same. Or, that there are no genuinely new topics.