Panama Points

January 25, 2012

Author David Kord Murray opines in Borrowing Brilliance that almost all good ideas are borrowed, and the farther afield one roams from the topic at hand the more useful the idea may be (and the more brilliant it may appear to be).

So it didn’t surprise me to discover useful ideas for modern day leadership and management in a book written in the 1970s about a period many years before that – David McCullough’s history of the building of the Panama Canal titled The Path Between the Seas.

I learned first that the primary task of this huge project was not what it appears to be. It was not primarily an engineering feat, but medical. Not removing dirt, but disease. Not conquering the largest obstacles, but the smallest insects. It was only after the diseases were understood and controlled that the construction could advance and the project could be completed.

Second, I learned that once the construction was begun, there was a bigger challenge than digging the pathway clear. It was removing the unwanted dirt and debris to other places. It wasn’t the front end of the project alone that mattered, but the back end as well: where to put the hundreds of millions of tons of rock and dirt on or around this narrow isthmus of land.

For every project there is need to assess what the underlying issues are that might get in the way of accomplishing the more apparent tasks before us.

And for every project there is need to fully assess consequences. We don’t want merely to move the dirt around, creating new problems as we do so.

I will be considering these thoughts as I soon see with my own eyes the Panama Canal, constructed over four decades and completed almost 100 years ago. And gratefully, I will be fully immunized for diseases largely conquered during the completion of this engineering marvel.

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.