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The role of litigation in intercollegiate athletics of title IX

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  1. How a plaintiff can initiate a Title IX case.
  2. Andersen's Out of the Closets & into the Courts: Legal Opportunity Structure and Gay Rights Litigation.
  3. The two Title IX regulations which deal with athletics.
  4. Subdivision of Title IX regulation, 34 C.F.R. 106.41 (c).
  5. Debate over Title IX.
  6. Dynamic Courtand the Constrained Court.
  7. Rosenberg's arguments on women's rights movement.

Title 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.

[...] Board of Trustees California State University, the case was appealed and on appeal the 9th circuit court rejected the position of the Neal and Pederson court which decided that the use of the 1st part of the effective accommodation test not dictated by policy interpretation and is inconsistent with the text, structure, and policy of Title IX itself.?[34] The 9th Circuit Court stated these courts emphasized that women's interest in sports appeared to be lower than men's but that the genders interest were slowly but surely converging On appeal the court believed that the effective accommodation test was a legitimate way to ensure compliance, as females interest and participation in athletics was slowly but steadily growing, and the court acknowledged that fact. [...]


[...] A cross over cases in Title IX litigation is defined as case when an individual of one sex competes or wants to compete on an athletic team consisting of members of the other sex.?[44] The most recent cross over case is Mercer v. Duke, in which a female was allowed to try out for the Duke University football team as a place kicker, but during her four years of her undergraduate career, she was not allowed to dress for any game and was subsequently cut. [...]


[...] Ann Arbor: The University of Michigan Press United States General Accounting Office. GENDER EQUITY: Men's and Women's Participation in Higher Education. December 2000: 39 Ibid Heckman Ibid United States General Accounting Office Ibid Ibid Baer, Judith A. Women in American Law the Struggle Toward Equality from the New Deal to the Present. New York and London: Holmes and Meier Ibid Ibid Heckman Ibid Baer Ibid Ibid Thelin, John R. ?Good Sports? Historical Perspective on the Political Economy of Intercollegiate Athletics in the Era of Title IX, 1972-1997.? [...]

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