“Too many girls and women still confront ‘No Trespassing’ signs throughout educational institutions,” read the introduction to the Report Card of Gender Equity written twenty five years after the passing of Title IX.1 Now, forty-three years after the passing of Title IX of the Education Amendment Act, the ‘No Trespassing’ signs have not been removed. As of 1972, females can participate in federally funded education programs—but it comes at a cost.2 A 2007 study revealed that one out of every five female college students is sexually assaulted.3 The alarming rate of sexual assault on college campuses interferes with students’ autonomy to attend a university in a non-hostile environment.
Title IX has the potential to be a powerful tool to end sexual assault on campus, or at least severely reduce the prevalence of it. However, Congress’ ability to expand Title IX may depend on its spending authority. This Comment addresses Congress’ authority to expand Title IX both before and after the Supreme Court’s National Federation of Independent Business. v. Sebelius decision.
NFIB’s New Spending Clause: Congress’ Limited Authority to Prevent Campus Sexual Assault Under Title IX,
70 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol70/iss1/11