See What You Say

July 31, 2012

Edward Morgan Forster is an English novelist who died as I was graduating as an English major at Dartmouth College in 1970.

Like many creative writers, E. M Forster traveled the world; and of his six novels (each of which was made into a film), it is A Passage to India, written in 1924, that was most popular.

He also wrote many short stories, plays, film scripts, essays, literary criticism, two biographies and even a libretto.  He was, to say the least, a prolific writer.

The secret of his productivity is probably the genius and tortured soul which drives so many great authors.  However, there is one quote from E. M. Forster that may be especially revealing.  He said:  “How do I know what I think until I see what I say?”  He was a writer in order to be a better thinker.

I have neither genius nor a tortured soul; but what has driven me to write throughout my administrative career – and what has kept me blogging twice a week for three full years as of today – is that I cannot be sure what I know – or what I believe and will stand behind – until I can see it in writing and know that it will be read by others.  That’s when I begin to know what I really think.

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.