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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.

Risky Business

May 19, 2015

At a time when efforts to promote student-athlete health and safety are more obviously than ever at the top of our daily to-do list, it may seem ill-advised to suggest that kids need more danger in their lives. But they do! And that’s the point of 50 Dangerous Things (You Should Let Your Children Do) by Penguin Books.

From mastering the perfect somersault (#3) to melting glass (#47), and from climbing a tree (#28) to walking home from school (#18), authors Gever Tulley and Julie Spiegler demonstrate two obvious but often overlooked points: (1) that most of us learn by doing; and (2) that a sterile, bubble-wrapped world teaches us less than one in which we are allowed to play with fire (#45).

After-school sports and activities provide safe and supervised danger. A place to learn new skills, meet different people, perform under pressure and test one’s limits. A supervised place to engage in life before going out in the less supervised real world.