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.”

Friday Night Football

September 23, 2016

There continues to be among high school athletic administrators a great gnashing of teeth over encroachment of televised college football on the Friday night turf that long tradition reserves for high school football games. Little by little and year by year, college games drift to all times of the day and all days of the week, and Friday night is no longer hallowed ground for the high school game alone.

The Friday night intercollegiate fare remains mostly irrelevant games by second tier teams, but televised nonetheless because of the overabundance of production entities and networks seeking live sports events. But high school leadership is right to be on guard.

Known to very few people is a million dollar offer in the 1970s by then NCAA Executive Director Walter Byers to the National Federation of State High School Associations if it would not oppose televised college football games on Friday nights. Clifford Fagan, then executive director of the National Federation, declined the offer from his good friend; and the mutual respect these two men enjoyed brought an end to the negotiation.

Then, as now, the National Football League was prohibited by law (part of its anti-trust exception) from televising games on Friday nights and Saturdays from mid-September through mid-December where the broadcast would conflict with a live high school or college game. Under Byers, and until the NCAA lost control of intercollegiate football broadcasting as a result of a legal challenge by what was then called the College Football Association, college football leadership voluntarily gave high school football the same deference on Friday nights that the NFL did under federal law.

Today, major college football is such a ravenous revenue beast that it will schedule play at any time on any day in any location, televising every game – on college conference-controlled networks if the matchup is not attractive enough for national or even regional broadcasts. The Friday night high school football tradition can expect to be trampled as college football swarms and grunts around the feed trough like hungry hogs.