Sounds of Silence

April 12, 2015

I write in the early morning hours for the same reason birds sing then – it’s quiet. Birds can hear their voices, and I can hear my thoughts.

It is during the uncontested moments of the day that I can try out ideas – test them on paper. Yes, on paper! My most creative and productive process still employs a legal pad, a pencil and an eraser. The physical process of writing the words, looking at them, and often erasing what doesn’t make sense to my mind or sound right to my ear as I read it aloud.

The task of written communication has become more difficult during the four decades I’ve been engaged in this enterprise. While the work has become more complex and requires more nuanced discussion, the space available for careful comment has been reduced. Pretending cleverness or profundity, texts and tweets often do more harm than good to promote creative and productive discourse.

I am rarely provided the luxury of long-form journalism in this modern age. Even a “feature” article in a prestigious national professional journal is expected to be less than 1,500 words.

Modern scribes must boil down complicated matters to brief blogs like this one, hoping in a few short paragraphs to share an insight worth reading and to suggest a response worth doing.

The insight here? Silence is golden.

The suggested response? Seek a solitary space to describe and defend what it is that you hear in that silence.

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.