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.
The Importance of Play
September 9, 2016
In the usual post-Olympic sports news coverage there was the predictable commentary about over-commercialization of the Olympic movement and corruption of the Olympic ideal. Is this really what the Greeks intended?
Of course not.
But really, what do we do today that has any resemblance to what we intended a century ago when the “modern” Olympic movement was resurrected, much less to what was intended 27 centuries earlier when the ancient Olympics began?
But at least one thing with ancient Greek roots remains unchanged. It is this.
Plato, student of Socrates, mentor of Aristotle and founder of the “academy” in Athens during the heyday of the ancient OIympics, wrote that more can be learned about a person in an hour of play than a year of conversation.
That has not changed.
And that is one very important of very many reasons why play of a competitive nature – not mere recreation – matters, just as much today as 28 centuries ago. In fact, in this “modern” world of nonstop electronic conversation, the hour of physical engagement between people may be our most revealing communication.