Guarding Secrets

February 8, 2013

/* /*]]>*/

January was a bad month for some sports heroes, but it was an instructional time for those who paused to connect some dots.

  • Two of Major League Baseball’s most prolific performers became eligible for baseball’s Hall of Fame, but we learned in January that neither came close to earning enough votes for election to that prestigious shrine.  Each has seen his star-power descend in a cloud of legal problems surrounding his suspected use of performance enhancing drugs.
  • After seven Tour de France titles and seven times seven denials of using performance enhancing drugs and various blood doping techniques, Lance Armstrong “came clean.” Sort of.
  • A Heisman Trophy candidate went from a broken-hearted soul mate to the victim of a cruel hoax to a contributor to the weirdest story college sports has witnessed.  From duped to duplicitous.
  • And all this with Penn State’s scandal still fresh in our minds.

How fatiguing it must be and, ultimately, how futile it is to try to keep secrets. That’s always been true; it’s just more obvious in a world where everyone’s access to social media renders investigative journalism too little and too late in uncovering the secrets that heroes harbor.

How any of these people ever thought they could guard their secrets beyond the grave would be beyond belief if it just didn’t keep happening so often.  There must be something we’re doing wrong in the upbringing of prominent athletes (like too many politicians) that makes them think they can get away with sordid secrets . . . that they’re too big to fail. 

The truth is, the bigger they are, the harder they fall.  No secret is beyond discovery.

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.