LAW-2591 Title IX and the Equal Protection Clause: Eradicating Sex Discrimination in Education
This course explores legal efforts to eradicate sex discrimination at all levels of education – from kindergarten through post-secondary schooling. We will begin with early constitutional challenges to single-sex education, considering the different levels of scrutiny that courts apply to claims of sex-based segregation and racial segregation. With the Equal Protection Clause and the Spending Clause of the U.S. Constitution as our backdrop, we’ll delve into Title IX of the Education Amendments of 1972 and the statute’s implementing regulations. We will discuss the ways in which Title IX is enforced, the rights of students, and the obligations of schools, colleges, and universities. And we will consider the constitutional limits of enforcing anti-discrimination norms by administrative regulation. Specific topics for discussion may include sex-based affirmative action, access to single sex scholarships or campus organizations, sexual harassment, freedom of speech as it relates to sex and gender, student dress codes, access to athletic opportunities and the role of the NCAA in enforcing anti-discrimination norms in college athletics.
Offered
Fall Law