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Law in Contemporary Society
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Reimagining Equality-- By PaulAkere - 22 May 2025 Now that we have recognized that Diversity, Equity, and Inclusion (“DEI”) was not built to last, the next question is how to build a version that will. It is time to reimagine how to acquire equality; the many attempts at equity have been met by an overbearing opposition. The question may demand more than one thousand words, but I have the beginning constructs of an answer— a concerted effort to rebuild our primary schools. I recognize that this has been attempted throughout the years, but I am proposing a new driving source. A source that has garnered widespread support and captured the hearts of many Americans. One that feels much more attainable than becoming the next Black president.More on What We're Up AgainstUnfortunately, the loneliness that I felt as an undergraduate and now as a law student is ubiquitous among Black men. Black male graduation rates lag behind those of our peers (UNCF, 2021). Our experience in higher education is made more difficult by a proliferating isolation. Spaces that have historically welcomed this demographic are seeing downturns in enrollment. Howard University is a striking example, Black males now make up only 19% of the campus (Doe, 2025). But it is not just Howard; Black male enrollment at Historically Black Colleges and Universities (HBCUs) is down to 26% from a near 40% mark in 1976 (Windsor, 2024). This decrease poses grave consequences for any attempt at bridging economic inequality. Economists have found that the income gap between White and Black America is driven entirely by the difference between men’s economic circumstances (Chetty, 2018). Any vision of equality for African Americans has to address the economic outcomes of Black males.Working to Our StrengthsLuckily, we have found success in a field that has proven to be integral to the social fabric, American sports. In NCAA v. Alston, the United States Supreme Court ruled that the National Collegiate Athletic Association’s (NCAA) restriction on education-related benefits for its athletes violated the Sherman Act. NCAA v. Alston, 141 S. Ct. (2021). This decision created a pathway for universities to offer a wider array of educational support to student athletes, like graduate school scholarships, paid internships, and other general educational resources. More importantly, it created a lane for novel and legal forms of payment to student-athletes. In July of 2021, the NCAA issued guidance to allow student athletes to receive compensation for their name, image, and likeness (NIL). The athletes now partner with businesses to market their likeness through partnerships and sponsorships. Since issuance, the market has bubbled and is estimated to be worth $1.67 billion (Opendorse). This number should not come as a surprise. The revenue-generating sports in the NCAA bring in over $4 billion annually (NCAA, 2021). Black men make up 55% of all NCAA football players and 56% of all NCAA basketball players (Inside Higher Ed., 2018). These billion-dollar industries are built on the labor of Black men, and for decades, these industries have perpetuated existing economic inequality. Recent changes in legislation have created an opportunity for athletes to direct what economies they will revitalize.Where to NextThe power balance has shifted, and in our favor. If schools are paying their players to continue their education, this can positively influence student athletes to remain in college and complete their degrees. But this does not have to be the only benefit. The athletes can concentrate their wealth and radically shape the communities they come from. There are millions of dollars that can be directed at improving the educational systems that propelled these athletes to college. For centuries, we have put our faith in the judicial system and national/local governments to ensure equality in education. The lesson from the DEI movement is that we must stop waiting. There is a window of opportunity to invest in our future, and we have now been empowered to make the investment. Student-Athletes can direct fragments of their NIL revenue to the schools that aided in their success and make seismic differences in those communities. These investments can enhance staffing, facilities, textbooks, and much more. While it will be hard to reach the entire country, the majority of top college athletes come from Texas, Florida, and California. A concentrated effort at improving the underserved primary schools in these states can be a model for the rest of the country on the impact that student athletes can have in the fight for equality. As un-American as it is to direct others on how to spend their money, it is worthwhile to explore the potential that these targeted investments can have. As public education continues to face existential threats, recent capital from sports has empowered a community with the tools to create an equality that will last. An equality that is not given to us but earned. At the heart of this movement for equality is the recognition that we all owe the next generation an offering of hope, a hope that signals anything is attainable. This hope would not rely on corporations signaling their commitment to diversity, but rather a hope that illuminates a belief in self-empowerment. There will be concerns about the scale of impact that student-athletes can have. We should look no further than Tuscaloosa, Alabama, the home of the Alabama Crimson Tide. Alabama Football has reached the pinnacle of college football, winning six national championships in ten years. Through ticket revenue, admission booms, and local tourism, the Tuscaloosa economy has experienced unparalleled growth. In the 2021 school year, the University was responsible for nearly $2.1 billion in economic impact in Tuscaloosa (Welbourne, 2024). With just five home games amid the COVID-19 pandemic, the football team was directly responsible for $134.5 million in economic impact. Id. Just as Tuscaloosa has benefited from athletic success, other marginalized communities should also get the chance. We have the power to determine which communities will benefit, we should use this to our advantage. Works Cited Chetty, R., Hendren, N., Jones, M. R., & Porter, S. R. (2018). Race and economic opportunity in the United States: Executive summary. Opportunity Insights. Retrieved from https://opportunityinsights.org/wp-content/uploads/2018/04/race_summary.pdf Doe, J. (2025, March 30). Black men and the college degree gap. The New York Times. https://www.nytimes.com/2025/03/30/us/black-men.html Inside Higher Ed. (2018, March 12). Graduation rates for Black athletes lower than most students', study shows. https://www.insidehighered.com/news/2018/03/12/graduation-rates-black-athletes-lower-most-students-study-shows NCAA v. Alston, 141 S.Ct. 2141 (2021) NCAA, Division I Manual 209 (2021), https://web3.ncaa.org/lsdbi/reports/getReport/90008 [https://perma.cc/X3PS-K2JQ]; see id. at 206–07 Opendorse. (2025). NIL at 3: The Annual Opendorse Report. CalMatters? . https://calmatters.org/wp-content/uploads/2025/02/The_Annual_Opendorse_Report_-Version-2.pdf UNCF. (2018, November 29). African Americans and college education by the numbers. Retrieved from https://uncf.org/the-latest/african-americans-and-college-education-by-the-numbers Welbourne, B. (2024, March 20). UA’s impact on state economy approached record despite pandemic. University of Alabama News Center. https://news.ua.edu/2024/03/uas-impact-on-state-economy-approached-record-despite-pandemic/ Windsor, D. J., & Reeves, R. (2024, August 22). HBCUs at a crossroads: Addressing the decline in Black male enrollment. American Institute for Boys and Men. https://aibm.org/research/hbcus-at-a-crossroads-addressing-the-decline-in-black-male-enrollment/You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable. To restrict access to your paper simply delete the "#" character on the next two lines:
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