Revisiting Title IX's Feminist Legacy: Moving Beyond The Three-Part Test
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 promise.
Civil Rights and Discrimination | Education Law | Entertainment, Arts, and Sports Law | Law and Gender
Date of this Version
Deborah L. Brake, "Revisiting Title IX's Feminist Legacy: Moving Beyond The Three-Part Test" (January 2004). University of Pittsburgh School of Law Working Paper Series. Working Paper 7.