Our Times
November 11, 2011
It is in fashion to say that schools (and also school sports) are operating in a time of unprecedented austerity. This is not true. Not even close.
While it may be true that recent times in Michigan have seen a deeper and longer recession than most people have lived through before, it is not true that these are the worst times ever for school sports.
Imagine the austerity, and imagine yourself administering school sports during the Great Depression when unemployment was three times today’s rate. Or during World War II when gasoline was rationed and MHSAA tournaments were cancelled. Now those were tough times!
What may make us think at this moment that these current times are the worst times or are unique times is that these are our times, and we don’t yet see light shining at the end of the tunnel through which we’re traveling.
Because it affects us now and isn’t something we’re reading about in history, we tend to believe these times are somehow much worse and that today’s problems are somehow of such a different type that our programs are at greater risk than ever before.
It is possible, of course, that our reaction to these times will be unique and will make these times the worst ever. In other words, it’s not the troubled times per se, but our reaction to them that might set these times apart from all others.
It is possible that we will chop and change school sports so much that we never get the program back on the course of truly school-sponsored, student-centered educational athletics – a brand of sports unique in the world.
Controlling Authority
September 22, 2017
On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.
At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”
The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.
For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.
The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.