Law Commons^™

Retaining Color, Veronica Root

Journal Articles

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have more difficulty retaining attorneys of color — in particular black and Hispanic attorneys …

Identifying (With) Disability: Using Film To Teach Employment Discrimination, Elizabeth Pendo

All Faculty Scholarship

Building on a prior article about using film to teach health law, this Essay is intended to share my experience using the film Philadelphia as a method of enhancing coverage and discussion of the employment provisions of the Americans with Disabilities Act (ADA), and to provide an opportunity for recognition of, and identification with, the experiences of people with disabilities.

Do Law Schools Mistreat Women Faculty? Or, Who’S Afraid Of Virginia Woolf?, Dan Subotnik

Scholarly Works

No abstract provided.

Teaching International Law: Lessons From Clinical Education: Introductory Remarks, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

An Assessment Of The Law School Climate For Glbt Students, Kelly Strader, Brietta R. Clark, Robin Ingli, M. Elizabeth Kransberger, Lawrence C. Levine, William Perez

McGeorge School of Law Scholarly Articles

Nationwide empirical research has assessed the law school climate for gay, lesbian, bisexual, and transgender (GLBT) students. The research shows that the climate for GBLT students at most law schools in the United States, particularly those in urban areas, has improved. The research also shows, however, that this group still encounters substantial discrimination on law school campuses and in law school class¬rooms. This discrimination may result from overt acts, thoughtlessness, and/or neglect on the part of various actors in law school communities. Whatever the cause, the result is that many GLBT students feel disenfranchised from their broader law school communities. …

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List, Ediberto Román, Christopher B. Carbot

Faculty Publications

Latina and Latino student enrollment in U.S. law schools the last few decades has increased. This increase, however, has not resulted in a comparable increase in Latino and Latina law professors. To foster diversity in law school faculties and to increase Latina representation, the “Dirty Dozen List” was published. The List was comprised of the top twelve U.S. law schools located in high Latina populated areas but lacking a single Latina professor on the faculty. The List served to increase awareness of the lack of diversity at some of the nation’s top legal institutions, as well as “shame” these schools …

Derrick Bell's Narratives As Parables, George H. Taylor

Articles

Use of the narrative form in law and legal analysis remains controversial, especially by advocates of critical race theory. Critics maintain that narratives can distort if they are not sufficiently based on empirical fact or reason. Narratives, the claim goes, must be evaluated on the basis of objective standards. My Article argues that this posture critical of narrative is mistaken. I contend that to comprehend how narratives should be interpreted, their literary character must first be understood.

The Article examines the narratives of Derrick Bell, the preeminent critical race and narrative scholar, and maintains that Bell's narratives should be read …

Income And Career Satisfaction In The Legal Profession: Survey Data From Indiana Law School Graduates, Jeffrey E. Stake, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya

Articles by Maurer Faculty

This article presents data on graduates of a law school located at a large, midwestern public university. It presents responses to survey questions relating to various personal and job characteristics, including income from the practice of law and career satisfaction. It compares the responses across various demographic groups, including type of practice, gender, race, and ethnicity. We find that lawyers in large private law firms make more money than lawyers in small private practices, who, in turn, make more than those in government or public interest positions. Career satisfaction is greatest for lawyers in corporate counsel, public interest, and government …

The Feminist Pervasion: How Gender-Based Scholarship Informs Law And Law Teaching, Deseriee A. Kennedy, Ann Bartow, F. Carolyn Graglia, Joan Macload Hemingway

Scholarly Works

This is an edited, annotated transcript of a conference panel discussion on feminism, sex, and gender in law, legal education, and legal scholarship. The transcript reflects widely divergent views of the place of feminism, sex, and gender in the law and legal scholarship. Moreover, the panelists differ as to the role feminism has played in the lives of women as law students and practicing attorneys. In the latter part of the transcript, the panelists' remarks focus in on hotly debated issues surrounding possible gender (or sex) and racial bias in LSAT testing and the innate abilities of women and men …

Discrimination In Our Midst: Law School's Potential Liability For Employment Practices, Ann C. Mcginley

Scholarly Works

Studies and articles examining tenured, tenure-track and contract faculty in law schools have exposed the inequalities that women face when compared with their male counterparts. This article asks the legal academic community to consider these conditions in light of established Title VII doctrine which forbids discrimination because of sex. This article offers a hypothetical about the fictitious National Law School, whose labor relationships mimic those of many real law schools in a number of ways. Based on the facts in this hypothetical, the article explores different possible causes of action, either systemic or individual, that employees could reasonably win against …

On Collegiality, Michael L. Seigel

UF Law Faculty Publications

The problem of collegiality in academia is like a crazy aunt in the family: ever present, whispered about in hallways, but rarely acknowledged directly. My goal in this article has been to initiate the demise of this pattern of unhappy toleration. The toleration stems, in large part, from an apparently widespread fear that attempts to control colleagues' uncollegial conduct will result in an unacceptable diminution of academic freedom. Although these concerns are legitimate, I have sought to prove that, if appropriate care is taken, academic freedom may flourish at the same time that a norm of basic collegiality is enforced. …

Victimized Twice -- The Intersection Of Domestic Violence And The Workplace: Legal Reform Through Curriculum Development, Lea B. Vaughn

Articles

Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does …

A Partial History Of Umkc School Of Law: The 'Minority Report', Robert C. Downs, Harry D. Pener, Steven D. Gilley

Faculty Works

In the modern era efforts at recruitment, selection, admission and retention of minorities to law school, while not always consistent, began and now continue to emphasize not only the manner in which a truly diverse student body enhances and enriches the learning experience of all students, but also the need to remedy the inequities and indignities visited by past discrimination. Any perspective on this law school's experience in minority recruitment, admissions and retention, necessitates at least an acknowledgment of the historical context in which the law school began and the social-political climate in which it developed. The announcement of the …

The Shape Of The Michigan River As Viewed From The Land Of Sweatt V. Painter And Hopwood: Comments On Lempert, Chambers, And Adam's Study Of The University Of Michigan Law School's Minority Graduates, Thomas D. Russell

Sturm College of Law: Faculty Scholarship

The piece considers the Lempert, Chambers, Adams study of Michigan's law graduates of color from the vantage point of the history of The University of Texas's law school's history.

Book Review, Marianne Wesson

Publications

No abstract provided.

“Some Kind Of Lawyer”: Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell

Law Faculty Scholarly Articles

In January 1996 a panel of the American Bar Association released a report concluding that "discrimination continues to permeate the structures, practices and attitudes of the legal profession." It has been a long journey in women's efforts to obtain equity in both law schools and in the legal profession generally. This article is composed of two interviews with University of Kentucky College of Law graduates: Norma Boster Adams (’52) and Annette McGee Cunningham (’80). Twenty-eight years separated Norma Adams and Annette Cunningham at the College of Law. They faced different obstacles and chose varied paths to success. While each can …

Stress And Health In 1st-Year Law Students: Women Fare Worse, Daniel N. Mcintosh, Julie Keywell, Alan Reifman, Phoebe C. Ellsworth

Articles

The social and psychological consequences of being a female law student may include greater stress and worse health than that experienced by male students. First-year law students at a major state university were surveyed about their physical and psychological health prior to, in the middle of, and at the end of the school year. They were also asked about specific sources of strain (e.g., grades, time pressure) at mid-year. Relative to men, women reported greater strain due to sexism, lack of free time, and lack of time to spend with one’s spouse/partner. Women also displayed more depression and physical symptoms …

Miles To Go: Some Personal Reflections On Social Construction Of Disability, Dianne Pothier

Dianne Pothier Collection

The "social construction" of disability refers to the way an able bodied conception of disability magnifies its consequences. The social construction of disability assesses and deals with disability from an able bodied perspective. It includes erroneous assumptions about capacity to perform that come from an able bodied frame of reference. It encompasses the failure to make possible or accept different ways of doing things. It reflects a preoccupation with "normalcy" that excludes the disabled person.

Gender And Race Bias Against Lawyers: A Classroom Response, Suellyn Scarnecchia

Articles

In reviewing other clinicians' approaches to teaching about bias, I identified problems that eventually led me to design a two-hour class session on bias against lawyers. The following is a review of a few other teaching methods and a description of my own approach, detailing its own strengths and weaknesses. This is not an exhaustive review of all possible approaches to bias. It is offered to promote classroom discussion of bias against lawyers and to invite the development of innovative alternatives to my approach.