A new Department of Education Title IX settlement casts a shadow on their fundraising efforts, reports the College Sports Council: “When they talk about ‘adverse’ effects, what they really mean is that boys sports have an easier time raising money from boosters than girls sports.”
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Title IX
The College Sports Council has recent reports from New York City, where both boys’ and girls’ squads have been sidelined following a New York Civil Liberties Union (NYCLU) suit over fall vs. spring scheduling (related earlier here, here, and here), and Kentucky, where quotas have prevented formation of a boys’ team.
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- “Mark Lanier, Marie Gryphon and Ted Frank debate if a free market can protect consumers as well as lawyers.” [John Stossel's Fox Business show last week; Point of Law (Lanier has kind words for loser pays); Bob Dorigo Jones]
- Corner-cutting document prep proves costly to mortgage lenders at foreclosure time [NYTimes; related, Felix Salmon and more] Connecticut AG Blumenthal orders 60-day halt to all foreclosures, whether or not paperwork-impaired, conveniently carrying him through Election Day [WaPo]
- High court grants cert on a bunch of business cases [Beck, WLF, WSJ Law Blog, Fisher, PoL on Scalia stay in tobacco class action]
- The myth of the sabotaged streetcar system [Market Urbanism]
- Another big Title IX casualty: Cal Berkeley kills varsity rugby [Saving Sports and various followups; gymnastics; related on Boston Globe coverage]
- “N.J. Bill Proposes Use of Screening Panels to Thwart Frivolous Suits Against Public Entities” [NJLJ]
- Cop informs on cop’s misbehavior, what happens next isn’t pretty [Greenfield; Kansas City, Kansas]
- There’s money in glass-eating, son [three years ago on Overlawyered]
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Parents at a Brevard County school want to chip in to upgrade the local team, but that would risk triggering an impermissible gender imbalance. [Saving Sports] Also, why Title IX has been less helpful than one might think for women’s gymnastics; and Alison Schmauch has a new paper on Title IX for the Federalist Society. Update: school board rejects parents’ request (Florida Today h/t Gitarcarver, Saving Sports)
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Title IX From Outer Space dept.: “A sports conference that always scheduled weekday basketball doubleheaders in which women’s teams played the first game — letting the men play in the later time slot — has altered the practice, after an anonymous sex discrimination complaint charged that this made the women’s games appear to be a ‘warm-up’ act for the men’s games.” [Inside Higher Ed via George Leef, NRO "Phi Beta Cons"] More: Coyote.
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Thus achieving two of feminist litigators’ goals at once: 1) sending a message that cheerleading is not a government-approved aspiration for young women; 2) further humbling men’s college sports, since quota incentives are now likely to bring renewed pressure for budget and roster cuts at universities like Quinnipiac. Congratulations! [Inside Higher Ed, earlier here and here] More: Neal McCluskey, Cato at Liberty; Atlantic Wire.
Related: Fascinating USA Today coverage of multiple lawsuits arising from the tense relationship between men’s and women’s athletics at Lock Haven University in Pennsylvania (h/t Jim Copland).
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“The case illustrates the complexities — and some would say, the inanities — of the debate over gender and college athletics. … the official approach to gender parity now requires more than half of college athletic slots going to women.” [Minding the Campus] Plus: “Title IX: Coming to a High School Near You” [College Sports Council]
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- Supreme Court limits scope of “honest services fraud” law [Mauro/NLJ, Ilya Shapiro and Tim Lynch, Cato, Bainbridge and more]
- No, defensive medicine isn’t a myth, ask your emergency room doc [AP/Columbus Dispatch] Eagerness to share horror stories [Sharon Begley, Newsweek] “Unusual for a Democrat, Obama readily acknowledges that defensive medicine is a problem.” [AP/WaPo] “VBAC rates are low, but are obstetricians to blame?” [Lin and Tuteur at KevinMD, Replogle/Fair Warning]
- Social life of a blawger, cont’d: I sat at David Lat’s table at CEI’s evening with Judge Kozinski [Above the Law] Judge Learned Hand, writing in an antitrust case, “was very knowledgeable about everything except how the world works.” [among the many funny things Judge K. said]
- For those keeping count, at least seven Roman Catholic dioceses in this country have filed for bankruptcy in abuse scandal [Hartley]
- Business Roundtable enumerates rapidly expanding roster of federal regulatory burdens [Ted at PoL, Amend the CPSIA, Tad DeHaven and Daniel Mitchell, Cato]
- Colleges fiddle numbers to comply with Title IX, but don’t you dare call it a quota law [LegalBlogWatch, Greenfield] New report on law’s ill effects on soccer [College Sports Council, Charlotte Allen/MtC] More: Allison Kasic, IWF. And back when, I wrote on Princeton wrestling and Title IX; CSC tells how that turned out.
- Former student of Prof. Robin West defends homeschooling [Sub Specie]
- Not too long ago: “My environmental advocacy organization would only fill the company cars at BP” [Stoll]
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A small federally funded industry now devotes itself to hectoring and badgering math, engineering and the hard sciences over supposed gender bias, but the evidence to back its contentions is thin [John Tierney, New York Times] Earlier here, here, here, etc.
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The U.S. Department of Education’s Office for Civil Rights (OCR) is chipping away at one of universities’ few defenses by limiting the use of student surveys intended to measure interest in athletic offerings. “This reform rollback by the Obama Administration is a gift to the trial lawyers’ lobby and will mean that more sports teams will be eliminated [as] at Duquesne University where 4 men’s teams were recently terminated, said CSC President, Leo Kocher. ” [College Sports Council; Neal McCluskey, Cato at Liberty; earlier; background; more at CSC's Saving Sports]
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Warns Stuart Taylor, Jr. Earlier here, etc.
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According to Manhattan Institute adjunct fellow Diana Furchtgott-Roth, the Obama administration may (or may not, it’s hard to tell for sure) be backing off its ambitious plan to arm-twist universities into goals of male/female proportionality in math, science, engineering and technology courses [Real Clear Politics]. We’ve covered the controversy here, here, and here.
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The Connecticut institution dropped men from its sports rosters, but apparently not in numbers great enough to keep it from being sued.
- Hospital can be sued for releasing mental patient who killed his wife ten days later [ABA Journal, Michigan]
- Pet-sitter draws probation on animal cruelty charges after letting pig overeat and get too fat [AP/Austin, Minn. Post-Bulletin]
- The government pressured states to raise drinking age to 21. So why didn’t the move save lives? [Miron/Tetelbaum, Forbes]
- “Goldman Sachs Tries To Bully Blogger” [Marc Randazza, Cit Media Law and Legal Satyricon; Ron Coleman, Likelihood of Confusion; Brian Baxter, American Lawyer; Martin Schwimmer, Trademark Blog ("I Don't Think It's The Dumbest Trademark Demand Letter I've Ever Seen")]
- Dangers in using Title IX to go after sex imbalances in science and engineering, as Obama is said to want to do [Christina Hoff Sommers, Washington Post]
- Thomas Mundy and his attorney, frequent Overlawyered mentionee Morse Mehrban, have filed more than 200 ADA lawsuits against California merchants and other businesses, settling them for an income that opponents estimate as in excess of $300,000 a year each [L.A. Times back in January, California Civil Justice] But an Orange County jury took 18 minutes to dismiss Mundy’s suit against Del Taco [OC Register, MoreLaw, Ken @ Popehat and his followup] Noni Gotti’s 45-day spree of 41 lawsuits against 111 businesses and landlords in Santa Ana area [Jan Norman, OC Register; more on ADA filing mills]
- Police payouts up but hospital payouts down: “[New York] City Paid Out $568 Million for Lawsuits Last Year” [NY Politics; Ted yesterday]
- Another lawyer disclaimer with a sense of humor [Nicole Black/Legal Antics citing Kelly Phillips Erb/TaxGirl; earlier]
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It would certainly make Title IX compliance easier for colleges.
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Another sad story from the annals of Title IX. (Charlotte Allen, Minding The Campus, Nov. 3).
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- Appeals court upholds Ted Roberts “sextortion” conviction [Bashman with lots of links, San Antonio Express-News]
- Alito incredulous at FTC: you guys have failed to raise a peep about bogus tar & nicotine numbers for how long? [PoL]
- Please, Mr. Pandit, do the country a favor and don’t litigate Citigroup’s rights to the utmost in the Wachovia-Wells Fargo affair [Jenkins, WSJ]
- Docblogger Westby Fisher, hit with expensive subpoena over contents of his comments section, wonders whether it’s worth it to go on blogging [Dr. Wes, earlier]
- “Title IX and Athletics: A Primer”, critical study for Independent Women’s Forum [Kasic/Schuld, PDF; my two cents]
- Case of whale-bothering Navy sonar, often covered in this space, argued before high court [FoxNews.com]
- More on Kentucky’s efforts to seize Internet domain names of online gambling providers [WaPo, earlier]
- Exposure to pigeon droppings at Iraq ammo warehouse doesn’t seem to have affected worker’s health, but it was disgusting and she’s filed a False Claims Act lawsuit against private contractor for big bucks [St. Petersburg Times, Patricia Howard, USA Environmental; but see comment taking issue]
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