Flourishing Rights,
2015
University of Tennessee College of Law
Flourishing Rights, Wendy A. Bach
Michigan Law Review
There is something audacious at the heart of Clare Huntington’s Failure to Flourish. She insists that the state exists to ensure that families flourish. Not just that they survive, or not starve, or be able, somehow, to make ends meet—but that they flourish. She demands this not just for some families but, importantly, for all families. This simple, bold, and profoundly countercultural demand allows Huntington to make a tremendously convincing case that the state can begin to do precisely that. Failure to Flourish is a brave, rigorously produced, carefully researched, and politically astute book. Huntington seeks to persuade a wide …
Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships,
2015
Fordham University School of Law
Difference Blindness Vs. Bias Awareness: Why Law Firms With The Best Of Intentions Have Failed To Create Diverse Partnerships, Russell G. Pearce, Eli Wald, Swethaa S. Ballakrishnen
Fordham Law Review
This Article uses the example of BigLaw firms to explore the challenges that many elite organizations face in providing equal opportunity to their workers. Despite good intentions and the investment of significant resources, large law firms have been consistently unable to deliver diverse partnership structures—especially in more senior positions of power. Building on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, we argue that a significant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards that seek to evaluate each person on their …
Shaping Diversity And Inclusion Policy With Research,
2015
The Law Society of England
and Wales
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 …
Going Public: Diversity Disclosures By Large U.K. Law Firms,
2015
University of Birmingham
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. …
Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales,
2015
University of Westminster
Legal Professional De(Re)Regulation, Equality, And Inclusion, And The Contested Space Of Professionalism Within The Legal Market In England And Wales, Lisa Webley
Fordham Law Review
This Article aims to examine equality and inclusion in legal services from the perspectives of would-be lawyers and would-be clients. It begins by examining the state and solicitors’ changing relationship regarding access to justice, professional independence, and the rule of law. It then considers the changes that the LSA 2007 wrought, and whether this neoliberal turn can deliver equality and inclusion within the profession and by the profession for those seeking redress with legal help. It also explores whether de(re)regulation may be altering the legal profession(s)’s ability to act as gatekeeper to the profession(s) and whether this too may have …
Bicultural Experience In The Legal Profession: A Developmental Network Approach,
2015
London School of Economics
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 …
How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession,
2015
Rutgers School of Law
How Diversity Can Redeem The Mcdonnell Douglas Standard: Mounting An Effective Title Vii Defense Of The Commitment To Diversity In The Legal Profession, Stacy Hawkins
Fordham Law Review
This Article undertakes an analysis, both quantitative and qualitative, of the developing body of Title VII diversity law. The jurisprudence of diversity was first developed by the U.S. Supreme Court in equal protection cases, but it has not been confined to that context. In particular, lower federal courts have been adjudicating cases asserting an interest in diversity as a means of challenging or justifying race/ethnicity- or gender-conscious policies and/or practices under Title VII. These cases have given rise to a body of Title VII diversity law that has remained largely unexplored in the scholarly literature. Because these cases have gone …
Biglaw Identity Capital: Pink And Blue, Black And White,
2015
University of Denver Sturm College of Law
Biglaw Identity Capital: Pink And Blue, Black And White, Eli Wald
Fordham Law Review
This Article advances a new capital analysis, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which BigLaw and its lawyers exchange labor and various forms of capital—social, cultural, and identity. Unlike the traditional Tournament Theory model, in which BigLaw and its lawyers come across as near hopeless pawns powerless to combat vicious exogenous societal forces outside of their control, the proposed capital model conceives of BigLaw and its lawyers as active players who are very much responsible for the outcomes of their exchanges. Moreover, exactly because the capital model describes the underrepresentation of diverse …
Race And Rapport: Homophily And Racial Disadvantage In Large Law Firms,
2015
Drexel University
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,
2015
University of California, Irvine School of Law
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.
Should The American Grand Jury Survive Ferguson,
2015
American University Washington College of Law
Should The American Grand Jury Survive Ferguson, Roger Fairfax
Scholarly Articles in Law Reviews & Journals
The grand jurors deliberated in secret, as the masses demanded the indictment of the would-be defendants. Ultimately, the grand jury would refuse to indict, enraging the many who believed justice had been denied
Fairly Assessing Risk And Recidivism,
2015
University of New Mexico - School of Law
Fairly Assessing Risk And Recidivism, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
The Sikh's Public Relations Problem,
2015
University of New Mexico - School of Law
The Sikh's Public Relations Problem, Dawinder S. Sidhu
Faculty Scholarship
No abstract provided.
Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions,
2015
Roger Williams University
Symposium: Sounding The Alarm On Mass Incarceration: Moving Beyond The Problem And Toward Solutions, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Segregating Workplaces By Religion,
2015
University of New Mexico - School of Law
Segregating Workplaces By Religion, Dawinder S. Sidhu
Faculty Scholarship
Many employers use dress codes to keep visibly religious employees out of sight. Now, the Supreme Court has a chance to end the practice.
Obama's Looming Legal Trap In Afghanistan,
2015
University of New Mexico - School of Law
Obama's Looming Legal Trap In Afghanistan, Dawinder S. Sidhu
Faculty Scholarship
The president may create another Guantanamo -- in Afghanistan. Here's why it could backfire on him in a big way.
Embodying A "New" Color Line: Racism, Anti-Immigrant Sentiment And Racial Identities In The "Postracial" Era,
2015
Marquette University
Embodying A "New" Color Line: Racism, Anti-Immigrant Sentiment And Racial Identities In The "Postracial" Era, Grant J. Silva
Philosophy Faculty Research and Publications
This essay explores the intersection of racism, racial embodiment theory and the recent hostility aimed at immigrants and foreigners in the United States, especially the targeting of people of Latin American descent and Latino/as. Anti-immigrant and anti-foreigner sentiment is racist. It is the embodiment of racial privilege for those who wield it and the materiality of racial difference for those it is used against. This manifestation of racial privilege and difference rests upon a redrawing of the color line that is meant towards preserving exclusive categories of political membership. The charge of racism, however, is elided by the fact that …
Minority And Women Entrepreneurs: Building Capital, Networks, And Skills,
2015
University of Michigan Law School
Minority And Women Entrepreneurs: Building Capital, Networks, And Skills, Michael S. Barr
Other Publications
The United States has an enviable entrepreneurial culture and a track record of building new companies. Yet new and small business owners often face particular challenges, including lack of access to capital, insufficient business networks for peer support, investment, and business opportunities, and the absence of the full range of essential skills necessary to lead a business to survive and grow. Women and minority entrepreneurs often face even greater obstacles. While business formation is, of course, primarily a matter for the private sector, public policy can and should encourage increased rates of entrepreneurship, and the capital, networks, and skills essential …
Children Of The Incarcerated: Collateral Victims Of Crime: A Resource Guide,
2015
University of Florida Levin College of Law
Children Of The Incarcerated: Collateral Victims Of Crime: A Resource Guide, Katheryn Russell-Brown, Anju K. Davidson, Andrea Davis
Center for the Study of Race & Race Relations: Lectures and Events
No abstract provided.
Implicit Bias And The Legal Profession's "Diversity Crisis": A Call For Self-Reflection,
2015
Valparaiso University Law School
Implicit Bias And The Legal Profession's "Diversity Crisis": A Call For Self-Reflection, Nicole E. Negowetti
Nevada Law Journal
No abstract provided.
