Getting in the Game: Title IX and the Women's Sports Revolution

by Deborah L. Brake

Overview

In this first legal analysis of Title IX, Deborah L. Brake assesses the statute’s successes and failures, using a feminist theory lens to understand, defend, and critique the law. While the statute has created tremendous gains for female athletes, not only raising the visibility and cultural acceptance of women in sports, but also creating social bonds for women, positive body images, and leadership roles, the disparities in funding between men’s and women’s sports have remained remarkably resilient. At the same time, female athletes continue to receive less prestige and support than their male counterparts, which in turn filters into the arena of professional sports. Brake provides a richer understanding and appreciation of what Title IX has accomplished, while taking a critical look at the places where the law has fallen short.
A unique contribution to the literature on Title IX, Getting in the Game fully explores the theory, policy choices, and successes and limitations of this historic law.

Product Details

ISBN-13:	9780814760390
Publisher:	New York University Press
Publication date:	08/20/2012
Series:	Critical America , #51
Pages:	320
Product dimensions:	8.80(w) x 5.90(h) x 0.80(d)

About the Author

Deborah L. Brake is Professor of Law and distinguished faculty scholar at the University of Pittsburgh School of Law.

Table of Contents

Acknowledgments ix

Introduction: The Feminism of Title IX 1

1 Separate Is Equal? 15

2 Integration Rights: Girls Playing with Boys and Boys Playing with Girls 41

3 The Three-Part Test and the Opportunity to Play 67

4 Complicating Equal Participation: What Counts as a Sport, Which Sports Should Women Play, and Which Women Should Play Them? 95

5 Cutting Men's Opportunities to Help Women? Title IX and Leveling Down 119

6 Treatment as an Equal 143

7 The Dilemma of Difference and the "Problem" of Pregnancy 169

8 Beyond Equal Access: Retaliation, Coaching, and Sexual Harassment 191

Conclusion 217

Notes 231

Selected Bibliography 275

Index 277

About the Author 287

What People are Saying About This

From the Publisher

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“An interesting, exciting project that offers fresh perspectives on an area of the law that is generally misunderstood . . . fascinating and well done.”
-Ann C. McGinley,William S. Boyd Professor of Law, University of Nevada Las Vegas

“Getting in the Game provides a masterful overview of what it would take to really level the playing field for women in sports. This book is indispensable reading for anyone who cares about gender equity in athletics.”

-Deborah L. Rhode,author of Speaking of Sex: The Denial of Gender Inequality

“Getting in the Game offers clearheaded demystification of the debates over gender equity in the U.S. school and college sports. Without falling into the role of uncritical cheerleader, Deborah Brake shows how the successes of Title IX result from its pragmatic knitting-together of various strands of feminist legal theory. The result is a body of law sturdy enough to press effectively for equal opportunity, but flexible enough to allow for the nuances of difference. Whether one’s concern is with inferior sport facilities for high school girls, cutbacks to certain college men’s sports, or women athletes and pregnancy, Getting in the Game is a must-read.”

-Michael A. Messner,author of It's All for the Kids: Gender, Families, and Youth Sports

“Getting in the Game is must reading for those seeking to understand both the monumental success of Title IX and the dilemmas and barriers that impeded achievement of its full promise. There is no better treatment of the subject of women’s sports—why it matters, what Title IX now requires, and how the law might be improved. This book will change the way we think about equality in women’s sports, and help us to think more rigorously and creatively about how to achieve it.”

-Katharine T. Bartlett,Duke University School of Law

Editorial Reviews

"Getting in the Game is must reading for those seeking to understand both the monumental success of Title IX and the dilemmas and barriers that impeded achievement of its full promise. There is no better treatment of the subject of womens sportswhy it matters, what Title IX now requires, and how the law might be improved. This book will change the way we think about equality in womens sports, and help us to think more rigorously and creatively about how to achieve it."

Katharine T. Bartlett

"Brake provides an adept, comprehensive analysis of the legislation, the disagreements generated by its enactment and enforcement, and its related litigation. Her critical commentary also offers an equitable perspective on the relative strengths and weaknesses of the legal and policy environment that surrounds title IX."

Choice Magazine

"Getting in the Game offers clearheaded demystification of the debates over gender equity in the U.S. school and college sports. Without falling into the role of uncritical cheerleader, Deborah Brake shows how the successes of Title IX result from its pragmatic knitting-together of various strands of feminist legal theory. The result is a body of law sturdy enough to press effectively for equal opportunity, but flexible enough to allow for the nuances of difference. Whether ones concern is with inferior sport facilities for high school girls, cutbacks to certain college mens sports, or women athletes and pregnancy, Getting in the Game is a must-read."

Michael A. Messner

"An interesting, exciting project that offers fresh perspectives on an area of the law that is generally misunderstood . . . fascinating and well done."

Ann C. McGinley

"Getting in the Game provides a masterful overview of what it would take to really level the playing field for women in sports. This book is indispensable reading for anyone who cares about gender equity in athletics."

Deborah L. Rhode

An interesting, exciting project that offers fresh perspectives on an area of the law that is generally misunderstood . . . fascinating and well done.”
-Ann C. McGinley,William S. Boyd Professor of Law, University of Nevada Las Vegas

“Getting in the Game is must reading for those seeking to understand both the monumental success of Title IX and the dilemmas and barriers that impeded achievement of its full promise. There is no better treatment of the subject of women’s sports—why it matters, what Title IX now requires, and how the law might be improved. This book will change the way we think about equality in women’s sports, and help us to think more rigorously and creatively about how to achieve it.”

-Katharine T. Bartlett,Duke University School of Law

From the Publisher