Learning from Experience

November 5, 2013

Readers who frequent this space might assume (correctly) that I enjoy travel, especially so to places where I don’t speak the language, don’t know what’s in the food and can’t drink the water.

Back in the days when it was possible to travel in Europe on $5 a day, my wife and I honeymooned across that continent for a summer on slightly more than $6 daily, combined. Today we spend more than that for our morning coffee; but we enjoy the adventures no less or no more.

I suppose on some level we have been making up for the lack of diversity of our childhood homes in the Midwest and our nose-to-the-grindstone approach to high school. Neither one of us ever thought of study abroad, or had time for it, as we pursued good grades and gratified ourselves and others in school-related activities.

This is in sharp contrast to the foreign exchange student from Germany who spoke last month at the annual meeting of the Council on Standards for International Educational Travel. His family has hosted two students from China and he is now being hosted by a family in the USA. The point he made was this:  He prefers to learn about life from experiences, not stereotypes.

And so do I. I just got to this realization later than this fine young man from a small town in Germany.

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.