Peddling Influence
February 28, 2012
The Sports Business Journal published in December its annual list of the 50 most influential persons in sports business. No person from the ranks of high school sports is included, causing some to criticize the oversight. I don’t.
If ever a person from the high school level were to make this listing, it likely would be for behaving like those at the college, professional and international levels. No one will make the list for doing the job he or she is supposed to do, which is to assure that the business excesses of those other levels do not visit school sports, and to actively oppose those initiatives that would undermine educational athletics.
I understand fully that there are important business aspects to the administration of interscholastic athletics. But I also understand that these business tasks must be managed within the cozy confines of the educational mission of the sponsoring institutions – schools.
We know how to make a lot more money for school sports from networks, sponsors and promoters. But we also know why that wouldn’t be right for educational athletics. Contests on any day at any hour for broadcast purposes, at any location no matter how far. Highlighting big schools, highly ranked teams and highly rated/recruited players, to improve broadcast ratings and advertiser demands. Brilliant minds and bullying personalities couldn’t avoid this happening in college athletics. Once started, we could not fare better in controlling things on the high school level.
We have the potential to aggregate school sports content very attractively for producers, distributors and sponsors. But it’s best that we don’t. And just fine that we continue to be overlooked by business trade journals.
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.