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Entertainment, Arts, and Sports Law Commons

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Civil Rights and Discrimination

BLR

2004

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Full-Text Articles in Entertainment, Arts, and Sports Law

Revisiting Title Ix's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah L. Brake Jan 2004

Revisiting Title Ix's Feminist Legacy: Moving Beyond The Three-Part Test, Deborah L. Brake

University of Pittsburgh School of Law Working Paper Series

This essay addresses three issues surrounding Title IX’s application to women’s sports that have been largely eclipsed by the recent controversy over Title IX’s three-part test: the increasingly male composition of athletic leadership positions; the focus on cutting men’s sports as a remedy to discrimination against women; and the role of revenue and massive spending on men’s elite sports in justifying gender inequality in sports. The essay links each of these issues to broader questions and concerns in discrimination law more generally, and concludes that deeper cultural change is necessary to fulfill Title IX’s ...