We Must Do Better
July 16, 2012
Everybody is expressing opinions about the US Supreme Court’s various written opinions regarding the Patient Protection and Affordable Care Act of 2010.
However, my mind goes back to the heated debate the previous year, to a passage about this topic in a July 13, 2009 Businessweek column co-authored by Benjamin E. Sasse, US Secretary of Health and Human Services from 2007 until taking a teaching position at the University of Texas in Austin in 2009, and Kerry N. Weems, an independent consultant who previously served 28 years in federal government, most recently as the head of Medicare and Medicaid.
Sasse and Weems wrote: “. . . passionate certainty that things are broken is not the same as dispassionate clarity about how to fix them.” They were critical of people on both sides of the health care debate who were “still campaigning on the issue when what’s needed is a detailed conversation.”
What bothered Sasse and Weems on July 13, 2009, seven months into President Obama’s first term, has only gotten worse on July 13, 2012, four months prior to the next election. Many are campaigning – on health care, as well as the economy, the environment, education and every other pressing issue of our times and our children’s times – but few are truly leading on those issues.
Borrowing from the title of Bill Bradley’s latest book, which he borrowed from Abraham Lincoln’s second inaugural address, "we can all do better." In fact, we not only can, we must. It’s a matter of will more than it is of wisdom.
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.”