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.”

Don’t Mention It

October 27, 2017

It has taken every ounce of personal and professional discipline during the past month to keep me from writing what I’ve been thinking since the world became aware of arrests and suspensions in and around major college athletic programs.

  • I won’t repeat that we have been outspokenly suspicious of the influence of apparel companies on amateur athletics in America.

  • I won’t repeat that we have been continuously critical of the travel team environment infecting sports for youth and adolescents.

  • I won’t repeat for the umpteenth time that the “arms race” in major college basketball and football is ultimately unsustainable, or at least indefensible under the banner of higher education.

  • I won’t repeat that, in an era of ubiquitous high-definition video, it is ridiculous to think college coaches must be onsite for the cesspool of spring and summer tournaments funded by apparel companies, and that it would save colleges huge sums of money if NCAA rules did not permit onsite evaluations at such times and places.

  • I won’t repeat that nationwide travel and national tournaments are bad for student-centered, school-sponsored sports.

  • I won’t repeat that the Michigan High School Athletic Association limitation on travel and prohibition of payments to high school coaches from any source but the school are good for school sports.

I won’t mention any of this.