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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.

Change of Pace

January 30, 2015

Michael Schwimer is little known to us in Michigan. He was a 6-8, 240-pound relief pitcher out of the University of Virginia who was drafted in the 10th round by the Philadelphia Phillies in 2008.

In his minor league career, Schwimer earned 20 wins against 10 losses with a respectable 2.51 ERA. He struck out an eye-popping 12 batters per nine innings.

When Schwimer made his Major League Baseball debut for the Phillies in August of 2011, he served up a game-tying home run to the first batter he faced. He was traded to the Toronto Blue Jays in February of 2013, and was released by the Blue Jays the following August. You might say Schwimer majored in the minors. That’s where he peaked as a professional baseball player.

As a player, Schwimer made few waves. He wasn’t a “game changer.” And yet, he may still be known as one who helped to change the game itself.

Schwimer is widely reported to be the first MLB player to use a glove that was made of synthetics, not leather (which weighs twice as much), and was made using a plaster cast of his hand. It was a custom-made, form-fitting glove.

The result looks almost like a toy glove, fit for T-ball; but MLB gave it a “thumbs up” in December of 2011. MLB players have been warming to the glove, although very slowly.

To which Schwimer responds: “It takes forever for any change to occur. But when change happens, it happens really fast.”

That almost sounds like something Yogi Berra would have said – like, “it takes forever for change to occur, and then it doesn’t.” But experience very often teaches us the truth of this sentiment.

As the MHSAA reprocesses two of its toughest topics ever – out-of-season coaching rules and 6th-graders’ roles in school sports and the MHSAA – it seems like there is no progress toward change. And no change is the possible outcome of both long journeys.

But it’s also possible that, for one or both topics, the time will come when wisdom and will combine to create constructive change, which then seems to be occurring almost overnight.

My hope is that we find that formula before a rash of problems causes a tipping point that results in a rush toward solutions that are poorly conceived and/or politically imposed by outside entities.