Skepticism

October 4, 2011

One of the greatest catalysts of the environmental movement in Michigan was the rise of the middle class working family as our state industrialized in the early 1900s.  Forty-hour-a-week workers with good pay and benefits sought out clean rivers, streams, lakes and parks for recreation and relaxation during their weekends and vacations.  Many industries that created the jobs soon realized they had to provide their employees a clean environment as well.

Now as we struggle through a prolonged period of economic malaise in America, economists and politicians focus on what is needed to stimulate growth in the U.S. and world economies.  They appear to worship at the altar of economic expansion, few seeming to question if our planet can sustain the growth rates they pursue.  What price to our environment does a robust economy extract?

Of course, it is easier for a person with a job, insured benefits and a retirement program to question the obsession with economic growth; but a job without clean air to breathe and water to drink will not be satisfying for long.  So a healthy dose of skepticism about economic growth is needed.

As I read the scathing indictment of corruption in college sports in the October issue of The Atlantic Magazine, I kept thinking that a healthier dose of skepticism about ever-increasing hype might have avoided the crass commercialism and exploitation of what once was but may no longer be justifiably connected to institutions of higher learning.

And of course, a healthy dose of skepticism must be maintained by those in charge of school sports as we trend during difficult economic times in directions more commercial than our founding principles may have envisioned.

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.