The Limitation of Rules – Part 1

September 2, 2016

From the age of 10 to 20, my position as a baseball player was catcher. Sometime during that decade I was taught to return the ball to the pitcher with authority, with a snap throw from my ear, targeting the glove-side shoulder of the pitcher.

I caught every inning of every game, including doubleheaders. In those years, there was less concern than today for protecting the arms of pitchers, and there was no thought given to the throwing arms of catchers.

Today, the shoulder of my throwing arm is shot; I cannot throw a ball overhand with any force.

But here’s the thing. I didn’t ruin my throwing arm in youth and school baseball; I wrecked it as an adult doing silly things with a tennis ball on the beach with my teenage son. We had a blast for a summer afternoon, and I’ve paid for it the rest of my life.

The point of this brief baseball bio is to demonstrate an example of the limitations of rules.

We can identify dozens of risks to student-athletes and we can promulgate an equal number of rules to help them avoid injuries in our programs; but we cannot protect them against a lack of common sense in our programs or accidents in other aspects of their lives.

Even if we implement new rules to limit the number of pitches by a player, what good is that if, after reaching the limit, the pitcher and catcher switch positions? Do we need a rule to address that coaching decision too?

Do we need rules that prohibit large students from practicing against small, or experienced players from competing against inexperienced? How would we ever monitor or enforce such rules? Where do rules leave off and common sense take over?

Even if we put players in bubble wrap for sports, what do we do about their decisions away from sports, perhaps in vehicles, with their friends and their cell phones? Where do laws and rules stop, and personal responsibility start?

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.