NCAA Women Athletes and NIL Pay Disparities: Are They Students Under Title IX, Employees Under Title VII, or Both?

Title IX requires schools to eliminate gender disparities in financial benefits and publicity for athletes. This Article shows that men’s basketball players in major National Collegiate Athletic Association (NCAA) conferences were paid an average of $171,272 in 2024, compared to$16,222 for women. Analysis of a prominent basketball program shows that it coordinates with its Name, Image, and Likeness (NIL) collective to monetize NIL donor access in favor of men. This Article provides legal arguments to show that NIL pay disparities create Title IX liability for NCAA schools: (1) Congress intended Title IX to end sex discrimination against students, (2) the plain text of Title IX applies to NIL pay because the law prohibits schools from discriminating in “any activity,” including a “benefit,” (3) Title IX athletic regulations prohibit schools from discriminating in “publicity,” a term that applies to NIL deals, and (4) women athletes win cases when they present evidence of gender disparities. Title VII, an employment discrimination law, offers another legal path to equality for women athletes. In Johnson v. NCAA, the Third Circuit ruled that college athletes may be considered employees under the Fair Labor Standards Act. A concurring opinion acknowledged that schools could face Title VII liability. Applying Johnson’s factors, women athletes are employees because they (1) perform services for their school, (2) necessarily and primarily for their school’s benefit, (3) under their school’s control and right of control, (4) in return for implied compensation related to the school’s NIL collective. Schools may also be liable as employment agencies for NIL pay disparities under Title VII when they coordinate with their NIL collectives. No employment relationship is necessary because Title VII’s text refers to any “person aggrieved” by a discriminatory practice—including potential job applicants who are denied access to a labor market. This Article concludes that women athletes can successfully pursue damages and remedial orders as students under Title IX, and as employees—or persons aggrieved—under Title VII

When Love is Not Enough: The Muñoz Decision and the Erosion of Family Unity in U.S. Immigration Law

The Supreme Court’s decision in Department of State v. Muñoz marks a significant shift in U.S. immigration law, reinforcing the doctrine of consular non-reviewability and weakening long-standing protections for family unity. Historically, marriage and family have been recognized as fundamental rights; yet, Muñoz limits judicial oversight of visa denials, allowing for indefinite separations between U.S. citizens and their non-citizen spouses. This piece examines the ruling’s legal and human rights implications, its parallels to family separation policies, and its potential to justify future erosion of parental rights in immigration enforcement. It also examines possible legal avenues to challenge arbitrary family separations, including due process claims, international human rights frameworks, and the Administrative Procedure Act. Ultimately, Muñoz represents a troubling precedent that deprioritizes family unity in favor of unchecked executive authority

Environmental Injustice at Toxic Appalachian Prisons

In the United States, both federal and state governments continue to build prisons at toxic locations despite the serious health and safety hazards for prisoners. This Article discusses how the convergence of destructive and toxic mining operations with the rural prison boom in the Appalachian Mountain region has resulted in grave human rights violations at the hands of government actors. “Toxic prison siting,” the practice of constructing new prisons at toxic former mining sites, in Appalachia continues to violate the right to the highest attainable standard of physical and mental health as laid out in the International Covenant on Economic, Social and Cultural Rights. This Article begins with an explanation of how federal and state governments uniquely targeted the Appalachian region during the rural prison boom of the 1990s. Such an explanation also requires an understanding of the historical underpinnings and evolution of coal mining in the Appalachian Mountains. The Article continues by describing the issue of toxic prison siting at former mining locations and the human rights violations that occur as a result. A discussion on possible paths for recourse for people impacted by toxic prison siting follows, providing suggestions for relief—both for people of Appalachian regional origin and incarcerated individuals. State and federal governments must be held responsible for the discriminatory impact of their prison siting decisions on certain populations. Specifically, enumerating “Appalachian regional origin” as a protected class and expanding and equalizing the application of the Eighth Amendment’s cruel and unusual punishment standard present opportunities for accountability

Children and Family Unity: The Unintended Effects of the Unlawful Presence Bars

This Article examines the adverse consequences of the unlawful presence bars (ULP bars) on the fundamental right to family unity, with a particular focus on children as collateral victims. While the ULP bars intended to curb entering without inspection, they have had unintended and disproportionate effects on immigrant families, especially children. This Article argues that the ULP bars violate children’s right to family unity, highlighting the legal and social challenges that the bars impose on families. Further, this Article explores the severe challenges faced by families, including the effects on children’s well-being and the disproportionate impact on low-income and immigrant communities of color. The Article concludes by advocating for reform through balancing immigration enforcement and the protection of children’s right to family unity, urging policymakers to consider the long-term implications of the ULP bars on both children and families

Kabwe’s Crisis: Toxic Lead Waste Poisoning Zambia’s Children

Kabwe, Zambia is among the most polluted cities, the result of nearly a century of lead mining and smelting. Despite the mine’s closure in 1994, an estimated 6.4 million tons of lead-contaminated waste continues to expose thousands of children to life-altering—and often irreversible—health consequences. This Article examines the Zambian government’s failure to remediate the environmental harm and protect children’s rights, analyzing both domestic legal obligations and international human rights treaties. It argues that the State’s pursuit of economic gain through continued lead processing has come at the expense of safeguarding the right to health and a healthy environment. Through an in-depth assessment of the Environmental Management Act No. 12 of 2011, the Children’s Code Act No. 12 of 2022, and Zambia’s obligations under the United Nations Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child, and the International Covenant on Economic, Social and Cultural Rights, the article reveals systemic regulatory neglect and calls for immediate, rights-based litigation. Ultimately, it contends that the children of Kabwe have been sacrificed at the expense of government profit, in violation of the legal protections designed to ensure their safety and well-being

Title IX Reimagined: The Power of Principles-Based Governance

Title IX, a federal civil rights law enacted in 1972, prohibits sex-based discrimination in educational institutions. Title IX’s regulatory framework has evolved into a problematic hybrid of broad principles and prescriptive rules, creating significant challenges for educational institutions seeking to prevent sex discrimination and ensure gender equity. The current system’s simultaneous vagueness and rigidity has resulted in inconsistent enforcement, regulatory uncertainty, and compliance burdens that ultimately undermine Title IX’s fundamental objectives. This Article argues that a properly structured principles-based regulatory approach would better serve Title IX’s aims while enhancing compliance and accountability. Successful implementation requires clear guiding principles, professional expertise, meaningful stakeholder engagement, and robust oversight mechanisms. Private rights of action represent a critical enforcement avenue, empowering community members to reinforce regulatory principles through direct accountability measures. Although comprehensive reform requires congressional action, this Article identifies practical pathways forward through state-level innovation, professional associations, and institutional consortia. Section I traces Title IX’s historical evolution from its civil rights origins to its current complex implementation scheme. Section II introduces principles-based regulation, defining its key characteristics and advantages while contrasting it with prescriptive approaches. Section III diagnoses Title IX’s failures as a regulatory system, analyzing how vague principles and excessive prescription create paradoxical burdens for institutions, particularly in addressing sexual harassment. Section IV presents a comprehensive reform strategy, proposing how principles-based regulation could enhance Title IX’s effectiveness through clearer objectives, improved professional capacity, stakeholder engagement, and strengthened oversight. Section V synthesizes these reform elements to demonstrate how they would collectively strengthen enforcement and accountability in Title IX implementation. Ultimately, this Article contends that principles-based regulation offers a path forward for Title IX to better address contemporary challenges while maintaining necessary flexibility. By empowering stakeholders through clear principles and multiple enforcement mechanisms, Title IX can evolve into a more effective framework that aligns with its core mission of ensuring educational equity