- ‘While some assert that the signifcant numbers of women in law school and in the profession commencing in the 1970s suggests that equality in the profession has been attained, a review of contemporary studies addressing sex discrimination in law and of recent litigation suggests otherwise.’ audrey Wolfson latourette, ‘sex Discrimination in the legal Profession: historical and contemporary Perspectives' (2005) 39 Valparaiso University Law Review 859.
- national association of Women lawyers, Report of the Eighth Annual National Survey on the Retention and Promotion of Women in Law Firms (2014).
- alana bassin and lisa ridgedale, ‘flight of female lawyers in canada mirrors us exodus' (2009) 28(1) Of Counsel: The Legal Practice and Management Report, 7.
- rosemary hunter, ‘Women in the legal Profession: The australian Profle’ in ulrike schultz and Gisela shaw (eds), Women in the World's Legal Professions (hart Publishing, 2003) 87.
- martha neil, ‘Top In-house lawyers Get Paid a lot less when female, survey says' ABA Journal, 10 september 2013; mary c noonan, mary e corcoran and Paul n courant, ‘Pay Differences among the highly Trained: cohort Differences in the sex Gap in lawyers' earnings' (2005) 84(2) Social Forces 851.
- ronit Dinovitzer, nancy reichman and Joyce sterling, ‘The Differential Valuation of Women's Work: a new look at the Gender Gap in lawyers' Incomes' (2009) 88(2) Social Forces 819, 843.
- laWanda Ward, ‘female faculty in male Dominated fields: law, medicine and engineering’ (2008) 43 New Directions in Higher Education 63. Women scientists are on average paid 11% less than their male counterparts. see anastasia Prokos and Irene Padavic, ‘an examination of competing explanations for the Pay Gap among scientists and engineers' (2005) 19(4) Gender and Society 524. among workers over the age of 16 in the united states in 2012, women earned only 80.9% of what men earned. although women who worked as pharmacists (99.6% of male pay) and secondary school teachers (93.1%) were closer to pay parity, with women in some jobs exceeding male pay, other jobs like education administrators (67.2%), marketing and sales managers (67.7%), and personal financial advisors (66.3%) lagged behind the average pay gap. us bureau of labor statistics, ‘highlights of Women's earnings in 2012’ (2013) Report 1045, 11, 13, 17.
- anne-marie mooney cotter, Gender Injustice: An International Comparative Analysis of Equality in Employment (ashgate, 2004) 11.
- cynthia fuchs epstein, ‘Great Divides: The cultural, cognitive, and social bases of the Global subordination of Women’ (2007) 72 American Sociological Review 2.
- susan sturm, ‘from Gladiators to Problem-solvers: connecting conversations about Women, the academy, and the legal Profession’ (1997) 4 Duke Journal of Gender Law & Policy 119.
- See national association of Women lawyers (n 2) 6.
- christine Parker, ‘a critical morality for lawyers: four approaches to lawyers' ethics' (2004) 30 Monash University Law Review 49, 66.
- Johnny Darnell Griggs, ‘sexual harassment in law firms: The cobbler's children revisited’ New Jersey Lawyer, the Magazine, august 2001.
- ruth bader Ginsburg, ‘remarks on Women's Progress at the bar and on the bench’ (2007) 30 Harvard Journal of Law & Gender 1.
- shirley s abrahamson, ‘Do Women Judges really make a Difference? The american experience’ in shimon shetreet (ed), Women in Law (Kluwer, 1998) 200.
- adam m Dodek, ‘canadian legal ethics: ready for the Twenty-first century at last’ (2008) 48 Osgoode Hall Law Journal 42.
- catharine a macKinnon, Sexual Harassment of Working Women (yale university Press, 1979) 1.
- In the united states, the equal employment Opportunity commission documented 11,364 cases of sexual harassment reported in 2011; of this number, 84% of the cases were reported by women. see us equal employment Opportunity commission, Sexual Harassment Charges: EEOC & FEPAs Combined, www.eeoc.gov/eeoc/statistics/enforcement/sexual_harassment.cfm. While statistics can be difficult to obtain, the prevalence of sexual harassment is similar in international contexts. One study revealed that 11% of working Israeli women were sexually harassed at work in 2011, and a total of ‘[n]o less than 35 to 40% of Israeli women have experienced sexual harassment at work’. haim bior, ‘a Third of Israeli Women experience sexual harassment at Work’, Haaretz (Israel), www.haaretz.com/print-edition/news/a-third-of-israeli-women-experience-sexual-harassment-at-work-1.295009.
- Peter Jan honigsberg, marilynn Tham and Gary alexander, ‘When the client harasses the attorney: recognizing Third Party sexual harassment in the legal Profession (1994) 28 University of San Francisco Law Review 715.
- american bar association commission on Women in the Profession, Unfinished Business: Overcoming the Sisyphus Factor (1995), 18–19. five years later, another version of this study revealed similar results, with between 50% and 65% of women lawyers having experienced sexual harassment. Ibid, 19.
- David n laband and bernard f lentz, ‘The effects of sexual harassment on Job satisfaction, earnings, and Turnover among female lawyers' (1998) 51 Industrial and Labor Relations Review 594.
- final report of the massachusetts Gender bias study, Gender Bias in Courthouse Interactions (1989), reprinted in part in (1989) 74 Massachusetts Law Review 50, 59.
- Donna shestowsky, ‘Where is the common Knowledge? empirical support for requiring expert Testimony in sexual harassment Trials' (1999) 51 Stanford Law Review 357.
- Ibid.
- See laband and lentz (n 21) 594.
- See fiona Kay and Joan brockman, ‘barriers to Gender equality in the canadian legal establishment’ (2000) 8 Feminist Legal Studies 69.
- Griggs (n 13).
- hannah brenner and renee Knake, ‘rethinking Gender equality in the legal Profession's Pipeline to Power: a study on media coverage of supreme court nominees (Phase 1, The Introduction Week)’ (2010) 84 Temple Law Review 325.
- See eg ‘an analysis of Work-related Issues and conditions of lawyers in Western australia’ (2013), www.australianwomenlawyers.com.au/uploads/attachments/WlaWa_survey_of_the_Profession_-finalreport_-7Oct13.pdf; Julie c suk, ‘Work-family confict and the Pipeline to Power: lessons from european Gender quotas' [2012] Michigan Law Review 1797; Kay and brockman (n 26).
- american bar association lawyer Demographics (2012), www.americanbar.org/content/dam/aba/migrated/marketresearch/PublicDocuments/lawyer_demographics_2012_revised.authcheckdam.pdf.
- Virginia Drachman, Women Lawyers and the Origins of Professional Identity in America: The Letters of the Equity Club, 1887–1890 (university of michigan Press, 1993).
- White house Project, ‘benchmarking Women's leadership’, 73, www.eeoc.gov/federal/reports/women_workgroup_report.cfm.
- maria Pabon lopez, ‘The future of Women in the legal Profession: recognizing the challenges ahead by reviewing current Trends' (2006) 19 Hastings Women's Law Journal 53; cynthia fuchs epstein, ‘Women in the legal Profession at the Turn of the Twenty-first century: assessing Glass ceilings and Open Doors' (2001) 49 University of Kansas Law Review 733.
- nancy J reichman and Joyce s sterling, ‘sticky floors, broken steps, and concrete ceilings in legal careers' (2004) 14 Texas Journal of Women and Law, citing Johnathan D Glater, ‘Women are closer to being majority of law students' New York Times, 26 may 2001, a1; rachel Davis and George Williams, ‘a century of appointments but Only One Woman’ (2003) 28 Alternative Law Journal 54; Georgina murray, ‘new Zealand Women lawyers at the end of the Twentieth century’ in ulrike schultz and Gisela shaw (eds), Women in the World's Legal Professions (hart Publishing, 2003); speech to launch australian Women lawyers by the honourable Justice mary Gaudron, high court of australia, 19 september 1997; Kate eastman, ‘sex Discrimination in the legal Profession’ (2004) 27 University of New South Wales Law Journal 872; eli Wald, ‘Glass ceilings and Dead ends: Professional Ideologies, Gender stereotypes and the future of Women lawyers at large firms' (2010) 75 Fordham Law Review 2245.
- Gaudron, ibid.
- Deborah rhode, Speaking of Sex: The Denial of Gender Equality (harvard university Press, 1999) 1.
- Ibid, 2.
- rachel Davis and George Williams, ‘reform of the Judicial appointments Process: Gender and the bench of the high court of australia’ (forthcoming in Melbourne University Law Review); barbara hamilton, ‘The law council of australia Policy 2001 on the Process of Judicial appointments: any Good news for future female Judicial appointees?’ (2001) 1(2) Queensland University of Technology Law and Justice Journal 223.
- betty friedan, The Feminine Mystique (WW norton, 1964).
- american bar association first year and Total JD enrollment by Gender 1947–2011, www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_bar/statistics/jd_enrollment_1yr_total_gender.authcheckdam.pdf.
- ann farmer, ‘are young Women Turning their backs on law school?’ (2010) 18(4) American Bar Association Perspectives 1.
- rosemary hunter, ‘Discrimination against Women barristers: evidence from a study of court appearances and briefing Practices' (2005) 12(1) International Journal of the Legal Profession 15; rosabeth moss Kanter, Men and Women of the Corporation (basic books, 2nd edn 1983).
- See hunter (n 4) 15.
- claire l'heureux-Dubé, ‘Outsiders on the bench: The continuing struggle for equality’ (2010) 16 Wisconsin Women's Law Journal 30.
- reichman and sterling (n 34).
- Justin D levinson and Danielle young, ‘Implicit Gender bias in the legal Profession: an empirical study’ (2010) 18 Duke Journal of Law and Policy 1.
- Joan c Williams, ‘litigating the Glass ceiling and the maternal Wall: using stereotyping and cognitive bias evidence to Prove Gender Discrimination’ (2003) 7 Employee Rights and Employment Policy Journal 287, 288.
- The term ‘double bind’ was described in the 1980s by philosopher marilyn frye: see The Politics of Reality: Essays in Feminist Theory (crossing Press, 1983); Kathleen hall Jamieson, Beyond the Double Bind: Women and Leadership (Oxford university Press, 1997).
- Deborah l rhode, ‘from Platitudes to Priorities: Diversity and Gender equity in law firm’ (2011) 24 Georgetown Journal of Legal Ethics 1041.
- Jean e Wallace, ‘The Benefits of mentoring for female lawyers' (2001) 58 Journal of Vocational Behavior 366.
- Joan c Williams and Veta T richardson, ‘new millennium, same Glass ceiling? The Impact of law firm compensation systems on Women’, The Project for attorney retention, minority corporate counsel association (2010), 1, 6.
- evan stark, Coercive Control (Oxford university Press, 2007) 363.
- law society of upper canada, www.lsuc.on.ca/justicia_project.
- Ibid.
- www.utexas.edu/law/centers/cwil/events/2009-summit/schedule.html.
- www.utexas.edu/law/centers/cwil/the-austin-manifesto.
- harvard law school, Program on the legal Profession, ‘analysis on the legal Profession (as of 2007)’, www.law.harvard.edu/programs/plp/pages/statistics.php.
- american bar association lawyer Demographics (2012).
- ronit Dinovitzer et al, ‘after the JD II: second results from a national study of legal careers', american bar foundation and The nalP foundation for law career research and education (2009).
- harvard law school Program on the legal Profession, ‘The australian legal Profession’ (2011).
- Dinovitzer et al (n 59).
- The judiciary, however, has been a focus of signifcant attention. see sally Kenney, Gender and Judging (hart Publishing, 2013).
- See Wald (n 34) 75.
- Ibid.
- eeOc Women's Work Group report (2013); see White house Project (n 32).
- mary c noonan and mary e corcoran, ‘The mommy Track and Partnership: Temporary Delay or Dead end?’ (2004) 596 Annals of the American Academy of Political and Social Science 132.
- See Kay (n 29).
- There are other barriers that similarly impede women's progress. One example is the impact of addiction on women lawyers. little research has been done on this topic, though former michigan state university college of law student Kathleen Darcy took it up in a recent research paper she wrote for my seminar. Katie Darcy, ‘Gender, leadership and addiction in the legal Profession’, www.law.msu.edu/king/2012–2013/Darcy.pdf.
- stark (n 52) 386.
- Ibid, 363.
- Ibid, 14.
- See mary Jane mossman, ‘legal education as a strategy for change in the legal Profession’ in c brettel Dawson (ed), Women, Law & Social Change: Core Readings and Current Issues (captus Press, 2002).
- renee newman Knake, ‘The Progress of Women in the legal Profession’ (2009) 29 Pace Law Review 293.
- schultz and shaw (n 4).
- Ibid.
- Virginia D Drachman, Women Lawyers and the Origins of Professional Identity in America: The Letters of the Equity Club, 1887–1890 (university of michigan Press, 1993).
- See mossman (n 72) 70.
- hon lynne a battaglia, “'Where is Justice?” an explanation of beginnings' (2011) 42 University of Baltimore Law Forum 1.
- Bradwell v Illinois, 83 us 130 (1872).
- The Bradwell decision held that the refusal to admit bradwell to practise law did not violate state law, and that the supreme court did not have the authority to enquire into the ‘reasonableness or propriety’ of state bar admission rules. Ibid.
- report of the canadian bar association Task force on Gender equality in the legal Profession, Touchstones for Change: Equality, Diversity & Accountability (1993).
- rebecca bromwich, ‘Innovative approaches needed to address Inequalities in the legal Profession— according to new aba report on Diversity’ (canadian bar association, may 2010).
- elizabeth m schneider, ‘Transnational law as a Global resource: Thoughts on the case of Women's rights' (2004) 38 New England Law Review 689.
- Ibid.
- Ibid, 689.
- See Kay and brockman (n 26).
- cynthia fuchs epstein, ‘Great Divides: The cultural, cognitive, and social bases of the Global subordination of Women’ (2007) 72 American Sociological Review 1, 9.
- elizabeth cady stanton, The Declaration of Sentiments (1848).
- francisco O ramirez, yasemin soysal and suzanne shanahan, ‘The changing logic of Political citizenship: cross-national acquisition of Women's suffrage rights, 1890 to 1990’ (1997) 62 American Sociological Review 735.
- stanton (n 88).
- mary elisabeth basile, ‘false starts: harvard law school's efforts toward Integrating Women into the faculty 1928–1981’ (2005) 28 Harvard Journal of Law and Gender 143.
- Ibid, 191.
- american bar association, Law School Staff by Gender and Ethnicity (5 may 2009), www.abanet.org/legaled/statistics/charts/facultyinformationbygender.pdf.
- ‘ms JD’, Women on Law Review: A Gender Diversity Report (2009).
- Jennifer c mullins and nancy leong, ‘The Persistent Gender Disparity in student note Publications' (2011) 23(2) Yale Journal of Law & Feminism 385.
- Irene segal ayers, ‘The undertraining of lawyers and its effect on the advancement of Women and minorities in the legal Profession’ [2009] Duke Forum for Law & Social Change 72.
- lani Guinier, ‘becoming Gentlemen: Women's experiences at One Ivy league law school’ (1994) 143 University of Pennsylvania Law Review 1.
- See ayers (n 96); abigail a rury, ‘The Pipeline to the legal Profession: Perspectives from michigan state university college of law’ [2012] Michigan State Law Review 1717; elizabeth mertz et al, After Tenure: Post-Tenure Law Professors in the United States (american bar foundation, 2011).
- Deborah l rhode, ‘Gender and the Profession: The no-Problem Problem’ (2002) 30(3) Hofstra Law Review 1011.
- mossman (n 72) 621.
- richard susskind, The End of Lawyers? Rethinking the Nature of Legal Services (Oxford university Press, 2010).
- Ibid, 6.
- To give one example, stanford law school's Program in law, science, and Technology takes advantage of the school's location in silicon Valley to assist businesses with complex intellectual property issues and promote informed public policies on science and technology. see https://www.law.stanford.edu/organizations/programs-and-centers/stanford-program-in-law-science-technology. miami law school's lawWithoutWalls program teams its students up with other law and business students from around the world to develop business plans that address the economic, technological and globalisation factors that are changing the legal market. see www.lawwithoutwalls.org/about.
- See basile (n 91) 189.
- Ibid.
- Ibid.
- association of american law schools, 2008–2009 AALS Statistical Report on Law Faculty (2009). see also american bar association, Law School Staff by Gender & Ethnicity (2009).
- See mertz et al (n 98) 15, 46.
- ‘ms JD’ (n 94).
- heather Johnson, ‘Perpetuating bias: The Gendered culture of law student leadership’, unpublished paper on fle with author.
- See rhode (n 99) 1001.
- See mertz et al (n 98) 47–48, 56–57.
- fiona cownie, ‘Women legal academics: a new research agenda’ (1998) 25 Journal of Law & Society 102, 103.
- martha craig Daughtrey, ‘Women and the constitution: Where We are at the end of the century’ (2000) 75 New York University Law Review 1.
- Grace Ganz blumberg, ‘Women and the law: Taking stock after Twenty-five years' (1996) 6 ULCA Women's Law Journal 279.
- www.law.umaryland.edu/programs/wle.
- www.seelawschool.org.
- mary Jane mossman, The First Women Lawyers: A Comparative Study of Gender, Law & the Legal Profession (hart Publishing, 2006).
- See cownie (n 113) 109.
- carol sanger, ‘curriculum Vitae (feminae): biography and early american Women lawyers' (1994) 46 Stanford Law Review 1245. see also cynthia Grant bowman, ‘bibliographical essay: Women and the legal Profession’ (1999) 7 American University Journal of Gender, Social Policy and the Law 149.
- bowman (n 120).
- Ibid.
- cynthia Grant bowman, ‘Women in the legal Profession from the 1920s to the 1970s: What can we learn from their experience about law and social change?’ (2009) 61 Maine Law Review 1.
- The Wllc was initially inspired by msu law students heather Johnson and courtney Gabbara; their leadership was subsequently followed by Kathleen hennessey and elise elzinga. The project's success was elevated due to the role of law college Dean Joan howarth, who was deeply involved in the project.
- On file with author.
Legal Ethics
Volume 17, 2014 - Issue 2