Title IX

How the Ninth Circuit’s Decision in A.B. v. Hawaii State Department of Education Recognizes the Reality of Title IX Litigation

In one of few recent victories for Title IX plaintiffs, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit Court ruled in favor of four student athletes at James Campbell High School. The Ninth Circuit held that the district court erred in rejecting the plaintiffs’ request for class certification on their Title IX retaliation claims. A.…

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How the Supreme Court’s Ruling in Cummings v. Premier Distorts Contract Law to Gut Discrimination Law

In 2016, one of the authors of this post wrote a piece entitled “The ‘Tough Noogies’ Doctrine: Rights But No Remedies.” The article highlighted examples of then-recent Supreme Court cases denying clearly wronged individuals a remedy based on spurious reasoning. Last week’s Supreme Court decision in Cummings v. Premier Rehab Keller, P.L.L.C., 2022 WL 1243658 (Apr. 28, 2022) is a…

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What Rights Do Student Athletes Have Under Title IX?

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in educational programs that receive federal funding. One of the most well-known ways that this comes up is with respect to equity in athletics, both at the college level and in K-12 schools. Public schools and private schools that…

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The Impact of the New Title IX Regulations on K-12 Schools

On August 14, 2020, the Department of Education’s final regulations regarding sexual harassment under Title IX went into effect. This marks the final step in a controversial process that began in November 2018, when President Trump’s Secretary of Education Betsy DeVos submitted a proposal to drastically overhaul many aspects of the Title IX guidelines instituted under the Obama administration. Title…

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