Limitations of Rules

November 15, 2013

Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.

Dov Seidman writes in how:  Why HOW We Do Anything Means Everything:  “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”

The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.

While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”

We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”

Well Before Their Time

July 18, 2017

The 2017-18 school year is the 55th that the MHSAA has operated as a not-for-profit corporation, and the 93rd year it has existed under the name Michigan High School Athletic Association. It existed under that and different names and structures for nearly three decades before that.

Now, in an age when conventional wisdom is widely criticized, and advocating for change is sexier than arguing for the status quo, it is perilous to pay respects to those who gave form and focus to the MHSAA. But before anyone dismisses these thoughts as archaic sentimentalism, it should be noted that the pioneering leaders of schools and school sports in Michigan were bold, cutting-edge administrators, far ahead of their time in many ways. For example, 

  • They had organized and professionally staffed a statewide high school athletic association in Michigan by 1924, well before most states – perhaps only Illinois and Wisconsin were more advanced in this regard.

  • It was the leaders of this time, before all other states, who conducted high school tournaments for schools in separate classifications based on enrollment.

  • It was they who, 20 years earlier, had transformed a brutal sport called football, promoted by gamblers and dominated by over-age semi-pros, by transferring control from communities and colleges to high schools, then became the first state to require helmets to be worn by all players at all times during interscholastic games, and then abolished spring football for high school teams.

And it was they, with leaders of three dozen like-minded state high school associations across the U.S., who challenged the status quo and brought a stop to national high school basketball tournaments.

In the 1920s, the most prestigious of several national tournaments was conducted at the University of Chicago. It was for boys only, and mostly for large city schools. However, the 1920s closed with two actions that signaled the end of this and other national tournaments.

First, the Detroit Public Schools announced they would no longer participate in so-called national championships – not in basketball, nor in national track and swimming championships. Their travel would henceforth be limited to Michigan (and for a time, only to Detroit).

Second, on Feb. 25, 1929, the National Council of the National Federation of State High School Associations went on record against national basketball tournaments. The resolution contained this prophetic preamble:

“WHEREAS, Our high school athletics are constantly being exploited by agencies and for purposes generally devoid of any educational aims and ideals, specifically, for purposes of advertising, publicity, community, institutional and personal prestige, financial gain, entertainment and amusement, the recruiting of athletic teams and other purposes, none of which has much in common with the objectives of high school education; and

“WHEREAS, This exploitation tends to promote a tremendously exaggerated program of interscholastic contests, detrimental to the academic objectives of the high schools through a wholly indefensible distortion of values, and, in general subversive of any sane program of physical education; ...”