The role of litigation in intercollegiate athletics of title IX
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political science
case study
published 30/07/2008
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SummaryTitle IX of the 1972 Education Amendments Act reads “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance…” Title IX applies to any program or activity of any education institute, but this paper will focus on Title IX’s role in intercollegiate athletics. Rosenberg, Klarman, and Fisher’s most elementary view that the court alone cannot produce social change applies to Title IX litigation, but the extent to which litigation played a role in furthering the impact of Title IX differs. Unlike gay rights, in which litigation was their only option, litigation in Title IX played an important role, but its impact was not as great.
Table of Contents
- How a plaintiff can initiate a Title IX case.
- Andersen's Out of the Closets & into the Courts: Legal Opportunity Structure and Gay Rights Litigation.
- The two Title IX regulations which deal with athletics.
- Subdivision of Title IX regulation, 34 C.F.R. 106.41 (c).
- Debate over Title IX.
- Dynamic Courtand the Constrained Court.
- Rosenberg's arguments on women's rights movement.
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