Transformation of Title IX

R. Shep Melnick is the Thomas P. O'Neill, Jr. Professor of American Politics at Boston College and co-chair of the Harvard Program on Constitutional Government. He is the author of two previous Brookings books that combine legal, political, and bureaucratic analysis: Regulation and the Courts: The Case of the Clean Air Act and Between the Lines: Interpreting Welfare Rights.

Melnick's book is an act of intellectual due process—it is scrupulous and nonpartisan. In these hyperbolic and hyper-partisan times, he has provided a model for how to address complex and contentious issues with reason and restraint."- Christina Hoff Sommers, EducationNext;"Shep Melnick—one of our leading scholars of how law, politics, and policy intersect—has done it again. The Transformation of Title IX, like his earlier books, manages to dissect a vital area of American culture—here, Title IX and "the civil rights state." By focusing his razor-sharp intelligence on the regulation of college athletics and sexual harassment on campus, Melnick reveals how an overly zealous, trigger-happy agency with an admirable mission—the Department of Education's Office for Civil Rights—has managed to bring it into widespread criticism, disrepute, and even lawlessness. This is institutional analysis at its very best."- Peter H. Schuck, Simeon E. Baldwin Professor Emeritus of Law, Yale Law School, and author of One Nation Undecided: Clear Thinking about Five Hard Issues That Divide Us;"Combining meticulous scholarship with graceful writing and a spirit of moderation, Shep Melnick has produced the definitive account of the ongoing transformation of Title IX. The 1972 statute's straightforward, bipartisan ban on sex discrimination has, he explains, been subtly amended by federal judges and administrators—without seeking public input—to dictate dubious policies, especially on sexual harassment and athletics. Melnick sees reason to hope that returning to a more deliberative rulemaking process may improve the troubling state of regulation under Title IX."- Stuart Taylor, Contributing Editor, National Journal;"For those of us who still pin our hopes on the American civil rights tradition, this book is a disturbing call to account. Melnick unravels the convoluted process by which Title IX became a barrage of mandates detached from any constitutional or statutory roots and oblivious to the law's goal of increasing educational opportunity for women and girls. His smart and compelling critique suggests a way forward: follow the Administrative Procedures Act and keep your eyes on the prize."- Deborah Stone, Distinguished Visiting Professor, Brandeis University, and author of Policy Paradox: The Art of Political Decision Making;"Despite this apparent simplicity, Title IX has spawned a complex, intrusive regulatory regime enforced by a massive public and private administrative apparatus, now holding sway over virtually every aspect of American education. In The Transformation of Title IX, R. Shep Melnick, the Thomas P. O'Neill, Jr., Professor of American Politics at Boston College, explains how we arrived at our present point, mixing detailed chronologies with sophisticated legal and political analysis."- Amy L. Wax, Claremont Review of Books

• Contents:PrefacePart I: Title IX in the Civil Rights State1. Rights Regulation2. The Civil Rights State3. Title IX: The Complexities of a Simple Statute4. The Enigmatic OCRPart II: Athletics5. The Troubled Return of “Separate but Equal”6. Regulation in Fits and Starts, 1972–957. The Triumph of Parity, 1995–20168. Athletic Opportunity CostsPart III: Sexual Harassment9. Controversies10. A Tale of Two Titles11. Changing Culture, Building InstitutionsPart IV: Expansion and Retrenchment12. The Logic of Expansion13. The Politics of RetrenchmentNotesIndex