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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 ...


The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah L. Brake Oct 2001

The Struggle For Sex Equality In Sport And The Theory Behind Title Ix, Deborah L. Brake

University of Pittsburgh School of Law Working Paper Series

Title IX’s three-part test for measuring discrimination in the provision of athletic opportunities to male and female students has generated heated controversy in recent years. In this Article, Professor Brake discusses the theoretical underpinnings behind the three-part test and offers a comprehensive justification of this theory as applied to the context of sport. She begins with an analysis of the test’s relationship to other areas of sex discrimination law, concluding that, unlike most contexts, Title IX rejects formal equality as its guiding theory, adopting instead an approach that focuses on the institutional structures that subordinate girls and women ...