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

Authors

Deborah Brake, University of Pittsburgh School of LawFollow

Document Type

Article

Publication Date

2004

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.

Recommended Citation

Deborah Brake, Revisiting Title IX's Feminist Legacy: Moving Beyond The Three-Part Test, 12 American University Journal of Gender, Social Policy and the Law 453 (2004).
Available at: https://scholarship.law.pitt.edu/fac_articles/287