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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.

Don’t Mention It

October 27, 2017

It has taken every ounce of personal and professional discipline during the past month to keep me from writing what I’ve been thinking since the world became aware of arrests and suspensions in and around major college athletic programs.

  • I won’t repeat that we have been outspokenly suspicious of the influence of apparel companies on amateur athletics in America.

  • I won’t repeat that we have been continuously critical of the travel team environment infecting sports for youth and adolescents.

  • I won’t repeat for the umpteenth time that the “arms race” in major college basketball and football is ultimately unsustainable, or at least indefensible under the banner of higher education.

  • I won’t repeat that, in an era of ubiquitous high-definition video, it is ridiculous to think college coaches must be onsite for the cesspool of spring and summer tournaments funded by apparel companies, and that it would save colleges huge sums of money if NCAA rules did not permit onsite evaluations at such times and places.

  • I won’t repeat that nationwide travel and national tournaments are bad for student-centered, school-sponsored sports.

  • I won’t repeat that the Michigan High School Athletic Association limitation on travel and prohibition of payments to high school coaches from any source but the school are good for school sports.

I won’t mention any of this.