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Full-Text Articles in Law

Theorizing Billable Hours, Theresa M. Beiner Jan 2014

Theorizing Billable Hours, Theresa M. Beiner

Faculty Scholarship

This article looks at the ethical and diversity implications of high billable hour requirements. While corporate counsel have increasingly demanded a diverse legal workforce and emphasized the need to lower the costs of outside counsel, law firms have not responded to these concerns in a manner that is producing results. Instead, women continue to drop out of law firm practice at higher rates than their male counterparts and the costs of legal services remain high. High billable hour requirements exacerbate both these problems and have implications as well for ethical lawyering. Using data from a variety of disciplines, the article …


Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings Apr 2012

Chief Justice Christine M. Durham: Trailblazer, Pioneer, Exemplar, André Douglas Pond Cummings

Faculty Scholarship

In 1978, Christine M. Durham was appointed, in a historic moment, to serve as trial judge to the third judicial district court in the state of Utah by then Governor Scott Matheson. Lost in the appropriate fanfare connected to her groundbreaking appointment as the first woman to serve as a general jurisdiction judge in the state of Utah, was the fact that she would also become the youngest person ever appointed to a judicial post in that great state. Just four years later, this young thirty-something female judge would be elevated by Matheson to sit on the Supreme Court of …


Subordinate Bias Liability, Theresa M. Beiner Jan 2012

Subordinate Bias Liability, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Some Thoughts On The State Of Women Lawyers And Why Title Vii Has Not Worked For Them, Theresa M. Beiner Jan 2011

Some Thoughts On The State Of Women Lawyers And Why Title Vii Has Not Worked For Them, Theresa M. Beiner

Faculty Scholarship

This essay discusses why women lawyers have not been as successful in large firms in spite of graduating from law school in large numbers over the last twenty years. It begins by giving a snapshot of the state of women lawyers, including women lawyers of color. It includes stories and studies of women’s struggles at these firms. It also describes why Title VII has not worked to solve the problems associated with being a successful woman in a law firm. Finally, it suggests some potential solutions that may help women be more successful in these environments.


White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner Jan 2011

White Male Heterosexist Norms In The Confirmation Process, Theresa M. Beiner

Faculty Scholarship

Justice Sonia Sotomayor's confirmation hearing took a controversial turn when commentators picked up on a reference in the New York Times to a portion of a speech she gave in 2001. In that speech, then Judge Sotomayor opined that, "I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life." That statement, along with her participation in the per curiam decision in Ricci v. DeStefano, caused a minor storm during her confirmation. More recently, former Harvard Dean and former …


Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner Jan 2010

Shift Happens: The U.S. Supreme Court's Shifting Antidiscrimination Rhetoric, Theresa M. Beiner

Faculty Scholarship

The United States Supreme Court’s discourse on discrimination affects how fundamental civil rights - such as the right to be free from gender and race discrimination - are adjudicated and conceptualized in this country. Shortly after Congress passed Title VII of the Civil Rights Act of 1964, the Court established precedent that assumed discrimination, absent some other compelling explanation for employer conduct. While the Court was more reluctant to presume such discrimination by governmental actors, it was deferent to Congress’s ability to set standards that would presume discrimination. Over time, however, that presumption and the Court’s deference to Congress has …


Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner Jan 2008

Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Book Review: Why Smart Men Marry Smart Women By Christine B. Whelan Comforting Insights Into What Should Be Obvious (But May Not Necessarily Be So), Theresa M. Beiner Jan 2008

Book Review: Why Smart Men Marry Smart Women By Christine B. Whelan Comforting Insights Into What Should Be Obvious (But May Not Necessarily Be So), Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner Jan 2007

Sexy Dressing Revisited: Does Target Dress Play A Part In Sexual Harassment Cases?, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner Jan 2007

Diversity On The Bench And The Quest For Justice For All, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner Jan 2005

How The Contentious Nature Of Federal Judicial Appointments Affects "Diversity" On The Bench, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Female Judging, Theresa M. Beiner Jan 2005

Female Judging, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner Jan 2003

The Elusive (But Worthwhile) Quest For A Diverse Bench In The New Millennium, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner Jan 2002

Let The Jury Decide: The Gap Between What Judges And Reasonable People Believe Is Sexually Harassing, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner Jan 2001

Using Evidence Of Women's Stories In Sexual Harassment Cases, Theresa M. Beiner

Faculty Scholarship

No abstract provided.


Norplant: The New Scarlet Letter?, Michael T. Flannery Jan 1992

Norplant: The New Scarlet Letter?, Michael T. Flannery

Faculty Scholarship

No abstract provided.