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Full-Text Articles in Law
Retitling Title Ix, Matthew F. Marino
Retitling Title Ix, Matthew F. Marino
Seton Hall University Dissertations and Theses (ETDs)
Title IX, a federal education policy put into place in the early 1970s, has been under the microscope for its perceived failure to protect students from sexual misconduct. Since 2011, and especially since 2017, conflict has existed among higher education, the judicial system, and the Department of Education (ED), resulting in little clarity as to proper Title IX response. However, little research exists that attempts to examine court cases for both commonalities and divergence in how higher education institutions respond to Title IX incidents of sexual misconduct and whether those procedures mesh with how the courts view proper Title IX …
Title Ix And Intercollegiate Athletics: An Analysis Of The Extent To Which Title Ix Has Fulfilled Its Original Promise Of Establishing Gender Equity Between Men And Women In Intercollegiate Athletics, Cara Bradley
Senior Theses and Projects
This thesis examines the extent to which Title IX has fulfilled its original promise of establishing gender equity between men and women in intercollegiate athletics. To evaluate the OCR’s commitment to establishing gender equity in intercollegiate athletics, the evolution of Title IX from 1972-2020 is provided, demonstrating a disconnect between Title IX’s intent in 1972 and how it is interpreted and enforced today by the OCR. The OCR’s Three-Part Test is analyzed by each prong’s ability to establish and measure gender equity, revealing the test’s inconsistency with the core intent of Title IX, as well as the OCR’s nonexistent enforcement …
The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe
The Ncaa's Breaking Point For Equal Opportunity: A Title Ix Perspective On Name, Image, And Likeness Sponsorship Legislation, Joshua C. Sorbe
Honors Thesis
This paper analyzes the efficacy of Title IX when considering national name, image, and likeness (NIL) legislation and NCAA Division I athletic department expenditure behavior. To answer this question, I analyzed Title IX’s legislative history, current compliance rules, recent litigation, and academic literature. Using publicly-available data reported to the US Department of Education, I performed regression analysis on institutional characteristics and expenditure behaviors to assess the impact that spending behavior has on gender equity. My results show that revenue-generating sports had a large impact on spending equity, and disparities in expenditures are more distinct than participation. Ultimately, the market-based exceptions …