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.”
Bet On It
May 22, 2018
In 1991, Michigan became the first state in the nation to pass legislation to prohibit a state-sponsored lottery from including games based on the results of sporting events. A bill introduced by Representative Keith Muxlow of Brown City passed both the Michigan House and Senate without a dissenting vote and was signed by Governor Engler Dec. 18, 1991.
The effort was assisted by the Michigan Coalition to Ban Legalized Sports Betting, a broad-based group of athletic, educational, religious and civic organizations which then turned its attention to helping pass federal legislation needed to fully protect Michigan’s professional and amateur sporting events from the influences of gambling in other states.
The federal legislation that resulted, on the books for 25 years, was ruled unconstitutional by the U.S. Supreme Court on May 14, 2018.
There are currently eight bills pending in the Michigan Legislature that would expand gambling in the state of Michigan, including several that would legalize sports betting or fantasy sports wagering and allow the Michigan Lottery to handle those bets.
It is impossible to know all the consequences – positive and negative – of expanding legalized gambling in our society generally and on sports particularly. However, we can imagine that as every decision and action of players, coaches and officials influences statistics and determines winners and losers of both contests and wagers, fans will become increasingly cynical of individual and team performances where sports betting is allowed.
And, more than ever, school-based sports will stand apart from the charade or corruption of sports on all other levels by all other sponsors. You can bet on it.