Economic Indicators

July 19, 2016

We don’t need the Federal Reserve Bank chairwoman to tell us about economic indicators; we have our own way of knowing at the Michigan High School Athletic Association office when the state’s economy is bad or good.

In bad economic times, we experience an increase in those registering to become MHSAA officials. When jobs are lost or hours are cut, a little extra income from officiating can make a big difference to people.

In good economic times, we see a decline in the number of registrations. We lose the officials who are in it for the money and retain the 10,000 hard core, committed officials whom school sports depends on in Michigan.

Another economic indicator is litigation. In bad economic times, fewer people resort to courts to solve disputes; while in good economic times, more people have more money to spend on lawyers to settle their squabbles.

So, what do those indicators tell us about today’s economic news?

Officials registrations in 2015-16 were the lowest in 29 years. And 2015-16 was the busiest year of litigation since 2010.

So, the good news is that the economy is improving. That’s also the bad news.

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.