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Fracking in School Sports

May 1, 2015

First there were rumors, then there were reports, and now there are beginning to be results from geological surveys warning that the process of fracking in oil and gas exploration and deep ground extraction is increasing the frequency of earthquakes in several parts of the United States.

I want to say, “Duh! How could it not?” Why would it surprise any rational human being that the delicate blue marble we inhabit would not get off kilter when we bore deep into the surface with drills and explosive charges and then pump water at high pressure into the tunnels we create and the crevices we exploit? When I put that picture in my mind, I shudder.

Often I picture the world of school sports like this marble we inhabit. Sometimes I see exploiters drilling deep into our core, dropping explosives, applying pressure, and extracting what they believe are valuable resources while laying waste to everything else, including very much that is very precious to very many other people – in fact, to most athletes, coaches, administrators, officials, parents and spectators.

We should pay attention to the times when we feel our foundation shaking, even just a little. We should make it difficult for the exploiters to extract our elite, especially when they disregard and lay waste to everything else that holds our world – educational athletics – together.

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.