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Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2001

University of Pittsburgh School of Law Working Paper Series

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

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 ...