Revisiting Title IX's Feminist Legacy: Moving Beyond the Three-Part Test

30 Pages Posted: 21 Jun 2008

See all articles by Deborah L. Brake

Deborah L. Brake

University of Pittsburgh - School of Law

Abstract

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 needed to fulfill Title IX's promise.

Keywords: civil rights, title IX, gender, athletics, sports, women, inequality

Suggested Citation

Brake, Deborah L., Revisiting Title IX's Feminist Legacy: Moving Beyond the Three-Part Test. University of Pittsburgh School of Law Legal Studies Research Paper, American University Journal of Gender, Social Policy & the Law, Vol. 12, p. 453, 2004, Available at SSRN: https://ssrn.com/abstract=1148949

Deborah L. Brake (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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