Hews Regulation Under Tittle IX of the Education Amendments of 1972: Ultra Vires Challenges

Summary of Contents Introduction I. History of Title IX A. The women's movement and higher education B. Evidence of sex discrimination in higher education C. Congressional action leading to enactment of title IX II. HEW's Title IX Regulation A. History of the title IX regulation B. Scope of HEW's title IX regulation III. Ultra Vires Attacks on HEW's Title IX Regulation A. Ultra vires challenges to administrative regulations: in general B. Ultra vires challenges to the title IX regulation 1, The "laying before" procedure 2. The definition of "receiving federal financial assistance" a. The language of the statute b. The legislative history c. The interpretation of title VI of the Civil Rights Act of 1964 d. Implications of HEW's definition of "receiving federal financial assistance" 3. Institutional vs. programmatic application of title IX and the title IX regulation a. The language of the statute b. The legislative history c. Interpretation of title VI of the 1964 Civil Rights Act d. The program-as-institution issue e. Presumption vs. fact: the "benefit" theory and institutional application of title IX 4. Policy arguments for and against a narrow construction of title IX IV. Conclusion