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.”

Growth Industry

December 26, 2014

We have wondered why Michigan’s high schools would enroll more J-1 visa students than in any other state, as well as more J-1 and F-1 visa students combined than the schools of any other state. It certainly can’t be our weather!

Like schools in many states, Michigan schools are looking to foreign countries to fill classrooms where enrollments have been falling, and they are looking to the tuition dollars of international students to help fill the hole of declining state funding.

And schools across the US are finding a hungry market, especially in Asia where families are willing to pay almost any amount to give their children the kind of educational opportunities their own countries don’t, including a leg up in gaining admission to a US college or university.

One unique contributing factor to our state’s leading totals is the late date when public school classes start in the fall. International students who miss the start of school in states which begin classes two, three or four weeks before Michigan can still try for a placement in Michigan where public high schools cannot begin classes until after Labor Day.

These late, scrambling and sometimes inadequately vetted enrollments are one of the many problems attendant to the increasing numbers of J-1 and F-1 visa students enrolling in Michigan each year. More serious are the “pipelines” that, for example, direct basketball players to some schools and ice hockey players to other schools.

It makes some people feel warm and fuzzy, but a lot more people get hot under the collar, to observe a foreign exchange student become a suddenly successful basketball team’s high scorer and rebounder, and then later be given a Division I university basketball scholarship. Or be the leading scorer on an ice hockey team that posts its best record and deepest MHSAA tournament run in the school’s history.

My wife and I have hosted an international college level student in our home for almost two years. I know the benefits to both parties. And I also know that there is a growing number of problems related to sports and profit that need to be stopped, or at least sent to some other state.