Constitutional Development: Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation
22 Pages Posted: 1 Feb 2016
Date Written: January 1, 2006
Abstract
The Supreme Court's opinion in Jackson v. Birmingham Board of Education provides clear and specific notice to institutions receiving Title IX funds that they may not retaliate against anyone who tries to enforce the statute. The decision also posts notice that contextual interpretation of statutory intent has not been entirely eclipsed, and that the Court will bolster private rights of action it has previously implied.
Keywords: Title IX, private right of action, statutory interpretation, Spending Clause, Civil Rights Act of 1964, United States Education Amendments of 1972, Jackson v. Birmingham Board of Education, Chevron deference
Suggested Citation: Suggested Citation