Oyster Stew

November 13, 2015

Jonathan Swift, an 18th Century writer I was introduced to as an English major in college, grabbed my attention and loyalty with the statement, “He was a bold man who first ate an oyster.”

I’ve hated oysters for their look, their texture and their taste; and also because, as a child, oyster stew was the Christmas Eve fare that stood between me and the time when we could begin opening presents under the Christmas tree.

But I have loved Swift’s metaphor.

Imagine the courage – or the desperation – of the first person to eat an oyster … or any other ugly, slimy critter ... raw!

But it is often this person, bold or desperate enough, who looks past appearances to tackle something of such unpleasant prospects, who actually makes the discovery or connects the dots or makes the breakthrough necessary for real progress.

What are the most unappetizing issues before us? Transfers? Football scheduling? Specialization? What unappealing solutions might we be avoiding because they look so awful? Are we bold enough to take a bite out of them?

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.