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Full-Text Articles in Law and Society

First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law Apr 2019

First Women Lawyers In Rhode Island: Dedication First Women Of The Rhode Island Bar (1920-1979) 04-11-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Law School News: Celebrating The First Women Lawyers In Rhode Island April 9, 2019, Michael M. Bowden Apr 2019

Law School News: Celebrating The First Women Lawyers In Rhode Island April 9, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers Mar 2019

Why Are Seemingly Satisfied Female Lawyers Running For The Exits? Resolving The Paradox Using National Data, Joni Hersch, Erin E. Meyers

Marquette Law Review

Despite the fact that women are leaving the practice of law at alarmingly high rates, most previous research finds no evidence of gender differences in job satisfaction among lawyers. This Article uses nationally representative data from the 2015 National Survey of College Graduates to examine gender differences in lawyers’ job satisfaction, and finds that any apparent similarity of job satisfaction between genders likely arises from dissatisfied female JDs sorting out of the legal profession at higher rates than their male counterparts, leaving behind the most satisfied women. This Article also provides a detailed examination of the specific working conditions that …


The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan Jan 2019

The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan

Marquette Law Review

The fight for women’s equality in law has achieved a lot. Women have

made up nearly half of law students and law firm associates for the last two

decades. Despite this progress, the partnership ranks of law firms are

profoundly and intolerably sex segregated and will remain so for the

foreseeable future. Our profession, which has fought for and helped to achieve

legal equality on behalf of so many, is itself dogged by intractable inequality.

A standard set of solutions, which address structural barriers within law firms

and the effects of cognitive biases, have been urged for decades and yet …


Law School News: Diversity, Front And Center, Michael M. Bowden Sep 2018

Law School News: Diversity, Front And Center, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law Sep 2018

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts Mar 2018

Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts

Maine Law Review

The Commission on Gender, Justice, and the Courts was established by the Maine Supreme Judicial Court in January 1993, pursuant to a resolution adopted by the Conference of Chief Justices in 1988 urging the creation of task forces to study gender bias and minority concerns within court systems. In recent years, forty-one states, the District of Columbia, and two federal circuits have established task forces on gender bias in the courts as part of a continuing effort to achieve equality for women and men in American society. These jurisdictions recognized that access to a neutral and unbiased court is essential …


Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel Jan 2018

Rwu First Amendment Blog: Diana Hassel's Blog: How Will Supreme Court Slice Wedding Cake Case 01-11-2018, Diana Hassel

Law School Blogs

No abstract provided.


Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough Jan 2018

Very Long Engagements: The Persistent Authority Of Bridewealth In A Post-Apartheid South African Community, Michael W. Yarbrough

Publications and Research

This article examines the persistent authority of the customary practice for forming recognized marriages in many South African communities, centered on bridewealth and called “lobola.” Marriage rates have sharply fallen in South Africa, and many South Africans blame this on the difficulty of completing lobola amid intense economic strife. Using in-depth qualitative research from a village in KwaZulu-Natal, where lobola demands are the country’s highest and marriage rates its lowest, I argue that lobola’s authority survives because lay actors, and especially women, have innovated new repertoires of lobola behavior that allow them to pursue emerging needs and desires for marriage …


Foreword: Law, Labor And Gender, Jennifer B. Wriggins Dec 2017

Foreword: Law, Labor And Gender, Jennifer B. Wriggins

Maine Law Review

The theme of the conference, Law, Labor, & Gender, came out of a working group comprised of law students, lawyers, a judge, and myself. We thought that a number of issues deserved attention, ranging from current jurisprudence on employment discrimination to more theoretical issues having to do with work/family dilemmas. Professor Deborah Rhode kindly accepted our invitation to be the keynote speaker, and various other academic speakers also agreed to present papers. The working group, and the editors of the Maine Law Review, drafted and sent out a call for papers to approximately 1600 law professors and others. The Law …


Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine K. Baker Jul 2017

Quacking Like A Duck? Functional Parenthood Doctrine And Same-Sex Parents, Katharine K. Baker

Chicago-Kent Law Review

This Article unpacks the relationship between the functional parenthood doctrine, constitutionally protected parental autonomy rights and intent-to-parent tests as they are applied in same-sex parenting relationships. It argues that, with the advent of same-sex marriage and second parent adoption, the functional parent doctrine is unnecessary and ultimately counterproductive to anyone interested in expanding legal recognition of non-traditional family forms. The functional parent doctrine asks courts to employ traditional understandings of parenthood (“Who acted like a parent?”) in assigning parental status.

These traditional understandings are usually, if not inevitably, dyadic, heteronormative, genetic, and gendered. In practice, the functional parent doctrine undermines …


The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman Apr 2017

The Pre-Furman Juvenile Death Penalty In South Carolina: Young Black Life Was Cheap, Sheri Lynn Johnson, John H. Blume, Hannah L. Freedman

South Carolina Law Review

No abstract provided.


The Law Of Nonmarriage, Albertina Antognini Jan 2017

The Law Of Nonmarriage, Albertina Antognini

Law Faculty Scholarly Articles

The meaning of marriage, and how it regulates intimate relationships, has been at the forefront of recent scholarly and public debates. Yet despite the attention paid to marriage—especially in the wake of Obergefell v. Hodges—a record number of people are not marrying. Legal scholarship has mostly neglected how the law regulates these nonmarital relationships. This Article begins to fill the gap. It does so by examining how courts distribute property at the end of a relationship that was nonmarital at some point. This inquiry provides a descriptive account to a poorly understood and largely under-theorized area of the law. …


Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson Nov 2016

Trending @ Rwu Law: Deborah Johnson's Post: Now "Defamation" Matters More Than Ever 11-16-2016, Deborah Johnson

Law School Blogs

No abstract provided.


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

No abstract provided.


The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan Jan 2016

The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan

All Faculty Scholarship

This symposium article discusses an unexamined area of legal aid and legal history—the role that late nineteenth and early twentieth century Jewish women played in the delivery of legal aid as social workers, lawyers, and, importantly, as cultural and legal brokers. It presents two such women who represented different types and models of legal aid—Minnie Low of the Chicago Bureau of Personal Service, a Jewish social welfare organization, and Rosalie Loew of the Legal Aid Society of New York. I interrogate how these women negotiated their identities as Jewish professional women, what role being Jewish and female played in shaping …


Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams Jan 2016

Guns, Sex, And Race: The Second Amendment Through A Feminist Lens, Verna L. Williams

Faculty Articles and Other Publications

This article uses a recent move on the part of feminist legal advocates-social justice feminism ("SJF')--to explore the contours of the Second Amendment. Feminist legal theory, specifically SJF, reveals that the Second Amendment and attendant societal understandings ofthe right to keep and bear arms played a role in establishing and reproducing white male dominance. Understood in this way, the Court's decisions in Heller and McDonald reinforce structural oppression under the guise of promoting individual rights. To make that case, this article proceeds in four parts. Part I briefly addresses the question of why a feminist lens is useful in this …


Debunking The Myth Of Universal Male Privilege, Jamie Abrams Jan 2016

Debunking The Myth Of Universal Male Privilege, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Existing legal responses to sexual assault and harassment in the military have stagnated or failed. Current approaches emphasize the prevalence of sexual assault and highlight the masculine nature of the military’s statistical composition and institutional culture. Current responses do not, however, incorporate masculinities theory to disentangle the experiences of men as a group from men as individuals. Rather, embedded within contestations of the masculine military culture is the unstated assumption that the culture universally privileges or benefits the individual men that operate within it. This myth is harmful because it tethers masculinities to military efficacy, suppresses the costs of male …


The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez Jan 2016

The Global Struggle For Lgbtq Rights: Legal, Political, And Social Dimensions, Macarena Saez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson Dec 2015

Trending @ Rwu Law: Deborah Johnson's Post: Diversity And "Defamation", Deborah Johnson

Law School Blogs

No abstract provided.


Defamation: The Play, Roger Williams University School Of Law Nov 2015

Defamation: The Play, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Critical Race Science And Critical Race Philosophy Of Science, Paul Gowder May 2015

Critical Race Science And Critical Race Philosophy Of Science, Paul Gowder

Fordham Law Review

    Over several decades, feminist philosophy of science has revealed the ways in which much of science has proceeded from “mainstream” assumptions that privilege men and other hierarchically superordinate groups and existing socially constructed conceptions of gender. In doing so, it has produced a research program that, while rooted in the post- Kuhnian philosophy and sociology of science that has been taken up by many students of scientific method more generally, has been used to critique great swathes of modern science and to reveal both the biases of the mainstream, and the transformative potential of a science that proceeds from the …


Foreword: Diversity In The Legal Profession: A Comparative Perspective, Deborah L. Rhode Apr 2015

Foreword: Diversity In The Legal Profession: A Comparative Perspective, Deborah L. Rhode

Fordham Law Review

    In principle, the legal profession in the United States and United Kingdom is deeply committed to diversity and inclusion. In practice, it lags behind. This colloquium explores what stands in the way. Leading scholars from both countries look at the gap between aspirations and achievement, and suggest some concrete strategies for change.


Shaping Diversity And Inclusion Policy With Research, Julie Ashdown Apr 2015

Shaping Diversity And Inclusion Policy With Research, Julie Ashdown

Fordham Law Review

    The legal profession in England and Wales is perceived as pale, male, and stale (that is, white, male, and older), but is that actually the case? And, if it is, what could or should a representative body like the Law Society do about it? This Article considers the situation from the perspective of solicitors. It reviews the research that the Law Society has commissioned over the last twenty years and how the findings have impacted policymaking. This Article looks at the main initiatives resulting from the research and considers whether they have made a difference and what the continuing challenges …


Busy Doing Nothing: An Exploration Of The Disconnect Between Gender Equity Issues Faced By Large Law Firms In The United Kingdom And The Diversity Management Initiatives Devised To Address Them, Savita Kumra Apr 2015

Busy Doing Nothing: An Exploration Of The Disconnect Between Gender Equity Issues Faced By Large Law Firms In The United Kingdom And The Diversity Management Initiatives Devised To Address Them, Savita Kumra

Fordham Law Review

    The Article has three parts: the first reviews the data showing women’s increased participation in the legal sector and assesses why increased participation has not led to inclusion at senior levels. The main barriers are macro and micro processes of social reproduction, poor access to mentors and influential business networks, and gender bias in society at large.

    In the second part, the response by large law firms is assessed. This has largely consisted of “business case” approaches to diversity management. The key characteristics of these approaches are presented, as is an overview of key practices adopted by large law firms. …


Going Public: Diversity Disclosures By Large U.K. Law Firms, Steven Vaughan Apr 2015

Going Public: Diversity Disclosures By Large U.K. Law Firms, Steven Vaughan

Fordham Law Review

    The Legal Services Board (LSB) has been the parent regulator of legal services in England and Wales since 2009. Born of the wide-ranging reforms introduced by the Legal Services Act 2007 (LSA), the LSB is tasked with promoting the regulatory objectives contained within the LSA, including “encouraging an independent, strong, diverse and effective legal profession.” In July 2011, the LSB introduced a rule requiring the collection of data on workforce diversity and the publication of that data by the legal profession. This was the first—and indeed, is the only—direct regulatory intervention taken with regard to diversity in the legal profession. …


Bicultural Experience In The Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey Apr 2015

Bicultural Experience In The Legal Profession: A Developmental Network Approach, Jonathan Ashong-Lamptey

Fordham Law Review

    A developmental network refers to the egocentric network of individuals who take an active interest in and concerted actions toward advancing a protégé’s career. In Part I of this Article, I draw upon the literature to outline the lived experiences of black lawyers, highlighting the need for them to manage their working identity. In Part II, I further develop bicultural experience as a construct for exploring racial minority experience in a professional context with recent developments from the acculturation literature. In Part III, I introduce the developmental network as a vehicle for understanding developmental relationships. Part IV summarizes the methodology …


Diversity In The Legal Profession: Perspectives From Managing Partners And General Counsel, Deborah L. Rhode, Lucy Buford Ricca Apr 2015

Diversity In The Legal Profession: Perspectives From Managing Partners And General Counsel, Deborah L. Rhode, Lucy Buford Ricca

Fordham Law Review

    Within the American legal profession, diversity is widely embraced in principle but seldom realized in practice. Women and minorities are grossly underrepresented at the top and overrepresented at the bottom. What accounts for this disparity and what can be done to address it are the subjects of this Article. It provides the first comprehensive portrait of the problem from the vantage of leaders of the nation’s largest legal organizations. Through their perspectives, this Article seeks to identify best practices for diversity in law firms and in-house legal departments, as well as the obstacles standing in the way.

    Part I begins …


Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson Apr 2015

Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms, Kevin Woodson

Fordham Law Review

    This Article calls attention to a different, heretofore unacknowledged source of racial disadvantage in these firms, one that is neither dependent upon these inferences of racial bias, nor incompatible with them. Cultural homophily, the tendency of people to develop rapport and relationships with others on the basis of shared interests and experiences, profoundly and often determinatively disadvantages many black attorneys in America’s largest law firms. Although not intrinsically racial, cultural homophily has decidedly racial consequences in this context because of the profound social and cultural distance that separates black and white Americans, evident in pronounced racial patterns in a wide …


Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan Apr 2015

Reproduction And The Rule Of Law In Latin America, Michele Goodwin, Allison M. Whelan

Fordham Law Review

    When Carmen Guadalupe Vasquez was rushed to [the] hospital after giving birth to a stillborn baby boy, the doctors first treated her life-threatening bleeding and then called the police, who handcuffed her to the bed. In El Salvador, where all abortion is illegal and emergency wards are turned into crime scenes, the confused, weak, and desperately ill 18-yearold maid was placed under investigation for terminating her pregnancy and driven away in a police van.