Overengineering

December 4, 2012

“Overengineering” is anathema to most product manufacturers. Generally, manufacturers desire to put no more time and money into a product than is necessary. They decide upon a reasonable lifespan for a product, and then they use materials and parts that, with rare exception, have been proven to last that long.  They do not care to produce a product that lasts longer than the consumer desires; they do not want to invest resources where they won’t see a return.

An exception to this general rule is invoked by those manufacturing products which, if they break, will kill or maim people.  Airplanes are the classic example:  they’re built with multiple redundancies and with materials and parts that have been tested to last much longer than necessary. The potential for catastrophic loss of life demands this. They will use a part that’s tested to last 20 years, and replace it after ten years just to be safe.

I suspect that some observers of the MHSAA’s recent campaign to increase sports safety training for coaches and modify playing rules that may endanger participants are critical that we’re asking too much, that we’re doing more than is necessary. But frankly, that’s exactly what we intend.  When it comes to participant safety, overengineering of policies and procedures ought to be our goal.

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.