University of Pennsylvania Law School
The Supreme Court has penned countless words about the sound of statutory silence.' On March 29, 2005, the Court once again grappled with the meaning of silence in a statute, splitting along familiar 5-4 lines in Jackson v. Birmingham Board of Education.2 When the dust cleared, a male coach of a high school girls' basketball team, who was fired in retaliation for protecting his players' Title IX3 rights, possessed a private right of action arising from the statute itself.4 Although the Court has retreated from its high-water mark of implying private rights of action,5 in the Jackson decision it advanced private rights that had been previously implied.
Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation
University of Pennsylvania Journal of Constitutional Law
Available at: https://scholarship.law.bu.edu/faculty_scholarship/3682