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Volume 3

Ryan Fandetti, Casenote: Turn to face the Change: The Sixth Circuit Court of Appeals Requires Michigan High School Athletic Association to Change Scheduling Practices Because of Gender Discrimination in Communities for Equity v. Michigan High School Athletic Ass’n., Inc, 2006 Vill. Women's L.J. 012301.

Recently, there has been an array of legal challenges to the scheduling of sports seasons by high school athletic associations.  These challenges are based on the argument that traditional schedules discriminate based upon gender.  One particular legal battle concerning athletic scheduling is currently being fought in Michigan in Equity v. Michigan High School Athletic Ass’n., Inc, 377 F.3d 504 (6th Cir., 2004).  This note will track their legal battle over the sports seasons in Michigan, and critique the recent Sixth Circuit decision affirming a district court ruling for CFE.  Part two of this note will focus on the facts of Communities for Equity, and the current state of litigation in the case.  Part three of this note will focus on the background of the pertinent law in the case, including a survey of constitutional challenges to gender based discrimination under the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.  Part four will include an analysis of the Sixth Circuit’s decision in the case, and a critique of their analysis.  In part five, I will conclude by accessing the impact of the decision of the circuit court, suggesting that the U.S. Supreme Court should vacate the Sixth Circuit’s judgment and offer a modest resolution to the current litigation.

Jen Passannante, Put Me In Coach!: Title IX Has Taken Female Athletes Off of the Sidelines and Into the Game, But How Can Current Progress Be Advanced in the Future?, 2006 Vill. Women’s L.J. 012302.

Title IX was originally promulgated to establish equal opportunity for both men and women in federally funded programs. Although it was originally enacted for much broader purposes, Title IX is still considered the single most important piece of legislation promoting equal opportunities for females in interscholastic and intercollegiate athletics. Unfortunately, despite Title IX, women still lag behind men in nearly "every measure of collegiate athletic equality." This article will focus specifically on Title IX's progress to date in creating athletic opportunities for women, its inadvertent consequences affecting male athletes, and means of achieving increased success in the future. Part II of this comment provides historical Title IX information including legislative developments, relevant case law, and recommendations of the Commission on Opportunity in Athletics ("Commission"). Part III summarizes the opposing positions of the proponents and opponents of Title IX. Finally, Part V proposes effective strategies for implementing Title IX so as to uniformly and efficiently promote and execute only its intended objectives.

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