Constitutional Development: Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation

22 Pages Posted: 1 Feb 2016

See all articles by Elizabeth Y. McCuskey

Elizabeth Y. McCuskey

Boston University - School of Public Health; Boston University - School of Law

Date Written: January 1, 2006

Abstract

The Supreme Court's opinion in Jackson v. Birmingham Board of Education provides clear and specific notice to institutions receiving Title IX funds that they may not retaliate against anyone who tries to enforce the statute. The decision also posts notice that contextual interpretation of statutory intent has not been entirely eclipsed, and that the Court will bolster private rights of action it has previously implied.

Keywords: Title IX, private right of action, statutory interpretation, Spending Clause, Civil Rights Act of 1964, United States Education Amendments of 1972, Jackson v. Birmingham Board of Education, Chevron deference

Suggested Citation

McCuskey, Elizabeth Y., Constitutional Development: Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation (January 1, 2006). University of Pennsylvania Journal of Constitutional Law, Vol. 8, No. 143, 2006, Available at SSRN: https://ssrn.com/abstract=2724949.

Elizabeth Y. McCuskey (Contact Author)

Boston University - School of Public Health ( email )

Boston, MA
United States

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

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