One critic of Title IX has argued that Title IX should be eliminated and that schools would continue to equitably allocate resources for both male and female athletes because of social and economic demands. See Richard A. Epstein, Law and Economics: Just Scrap Title IX, Nat’l L. J., Oct. 14, 2002. For a contrary view, see Daniel R. Marburger and Nancy Hogshead-Makar, Is Title IX Really to Blame for the Decline in Intercollegiate Men’s Nonrevenue Sports?, 14 Marq. Sports L. Rev. 65 (2003). Marburger and Hogshead-Makar conclude that many NCAA D-I athletics programs sacrifice both men’s and women’s nonrevenue sports to increase the allocation of resources to football and men’s basketball programs. Do you agree that schools would offer equal athletics opportunities for males and females without Title IX? How has the D-I emphasis on marketing and promoting football and men’s basketball as spectator and revenue-producing sports in a highly competitive market affected athletics administrators’ decisions regarding resource allocation?

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