Driving Lessons

August 19, 2014

Many millions of us this summer took to the expressways of North America, and most of us reached our destinations safely. I find myself amazed at how few the accidents are when highways are crowded with hunks of metal traveling at 60, 70 and even 80 miles per hour.

There are three actions on a fast-moving expressway that jeopardize the health of travelers that are like three actions that jeopardize the health of organizations.

  • First, if any number of drivers defies heavy traffic or wet pavement, then the well-being of all the others is at risk.

  • Second, if just a single car ahead of a crowd of others slams on the brakes, then a chain reaction collision is likely to follow.

  • Third, if a driver fails to look around and indicate the intention to change lanes, then those around that car must take evasive actions to escape trouble.

Likewise, organization leaders who move forward too fast without regard to their environment, leaders who suddenly slow down or stop their forward motion, and leaders who fail to consult with those around them and clearly signal their intentions to make a change, put their enterprise at risk.

Lessons for the office, learned on the road.

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.