Conventional Wisdom

August 9, 2016

The conservative columnist George Will is a baseball junkie who recently hit a homerun in his commentary just prior to the Republican National Convention in Cleveland. He wrote that the show in Cleveland would focus on style and trivia more than the substantive trends of the world’s circumstances. 

Mr. Will speculated, and was proven correct, that the Cleveland circus would miss altogether serious developments in the South China Sea that are nearly as threatening as Hitler’s advance across Europe prior to the United States’ entering into what became World War II. He was referring to China’s aggression through the construction of islands and the conduct of military exercises in areas that the World Court has determined do not belong to China. This war on a pristine aquatic environment is upsetting the geopolitical order as well.

This has nothing whatsoever to do with sports except to point out the absurdities of our talking about trivia in one place while near tragedy goes unaddressed elsewhere ... which happens routinely in sports. For example:

  • In pro football, the talk is of “Deflategate” more than domestic violence. Or, as the most recent owners’ meeting reveals, on commerce more than concussions.

  • In college football, the talk is of billion dollar broadcast deals more than the broken bond between universities and the “students” they send far and wide to compete on television at any hour of any day.

  • And in school sports right here in Michigan, stakeholders perseverate about football playoff expansion more than football players’ health and safety. Or on end-of-season basketball tournament seeding more than out-of-season basketball insanity.

Our challenge is to listen to all concerns but to expend leadership capital only on the matters that really matter.

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.