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.”

Boring Impartiality

January 6, 2017

Some people – like our U.S. President-Elect and, apparently, like the NCAA Division I Football Playoff Selection Committee – seem to believe that all publicity, no matter how negative, is good publicity. If it draws attention to your candidacy or championships series, no matter how embarrassing, it’s okay – even good.

That’s not the belief of the Michigan High School Athletic Association. As an organization that must too often do unpopular things, like enforce rules that others don’t and impose penalties that others won’t, the MHSAA prefers to avoid creating controversy where there are options to do so.

The structure of MHSAA tournaments provides some options.

Tournaments which exclude no teams or individuals provoke less controversy than those with a limited field. Tournaments which favor no teams through a seeding scheme cause fewer arguments.

If our only purpose were to increase revenues, there is much we could do to gerrymander MHSAA tournaments in order to shorten, smooth out and straighten the tournament trail for the teams with the best records and biggest crowds during the regular season, like the NCAA women’s and NIT men’s basketball tournaments do.

But if fairness – blind, boring impartiality – is more important to us, then we will not force the teams with the poorest regular season records to face off in bracket rat-tails and we will not provide the teams with the best regular season records a tournament trail that avoids similar teams for as long as possible.

This approach opens us to criticism that we are dumb to be different and stupid to reject the revenue-generating practices of major college and professional sports organizations. But no one can claim we are unfair.

It’s not unfair to treat all schools the same. The unfairness begins – and real controversy follows – when an organization tries to favor some teams over others.