Limitations of Rules

November 15, 2013

Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.

Dov Seidman writes in how:  Why HOW We Do Anything Means Everything:  “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”

The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.

While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”

We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”

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.