The Limitation of Rules – Part 2
September 6, 2016
There may be an inverse relation between the length of the Michigan High School Athletic Association Handbook and the commitment to follow its rules.
There seems an increasingly popular attitude that if something isn’t specifically prohibited, then it’s permitted. The question is more often “Is it legal?” and less often “Is it right?” Technical integrity rather than ethical integrity.
There may not be more rule breakers today, but there sure seems to be more rule benders – people at the borders of what is allowed, testing limits.
Which leads to an even longer Handbook as efforts are made to plug the holes and fill the gaps.
Which is a temptation we must resist, for we cannot keep up. Like a dog chasing its tail, we’ll go in circles. Getting dizzy. Losing sense of what is important.
We were successful in that the 2016-17 MHSAA Handbook has the same number of Interpretations as the year before. A whopping 284 Interpretations. Our goal for 2017-18 should be fewer.
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.