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.”
U.S. Soccer Gets a Red Card
March 9, 2012
My previous posting paid compliments to a non-school lacrosse organization which appears to share some of the same perspectives we have for young athletes. Today I express an opposite opinion about U.S. Soccer which has created a “Development Academy” that has announced it is moving to a 10-month season beginning in the fall of 2012.
U.S. Soccer has declared that participants in the Development Academy are prohibited from playing on their local high school teams. This has prompted criticism from high school coaches who in many parts of the country, including Michigan, will lose some of the more accomplished players to the Development Academy.
The academy’s design follows that of powerhouse soccer nations where, however, high school sports do not exist like they do in the United States, where high school students play on high school soccer teams during defined seasons of the year.
The design of the Development Academy and the exclusive participation that U.S. Soccer is promulgating violates the Amateur Sports Act of 1978, which requires national sport governing bodies to minimize conflicts with school and college programs. I was involved in the preparation and passage of that law by the United States Congress; I know what it says and what it stands for. U.S. Soccer is violating the spirit and specific language of the law.
The desire and drive of U.S. Soccer to have U.S. teams excel in international competition is admirable; but its violation of U.S. statutes in the process is deplorable.