Women Lawyers Research Articles

Regional gender bias and year predict gender representation on civil trial teams.

There are documented gender disparities in the legal field. We examined whether gender representation on civil trial teams varied on the basis of (a) the degree of regional gender bias "in the air" and (b) time. We hypothesized that women were underrepresented both on trial teams and in leadership roles within those teams. We predicted that these gender disparities were exacerbated in regions with stronger regional gender bias and that these gender disparities attenuated over time. We coded attorney gender and case outcomes in real civil trials (N = 655). We created regional implicit and explicit gender bias scores based on the year and region of the case using Project Implicit data. Finally, we used order-constrained inference and Bayesian modeling to identify the best-performing models. Overall, women represented only 17% of attorneys at trial and 13% in leadership roles-indicating vast gender disparities. Gender disparities on teams and in leadership roles were more extreme in regions with high (vs. low) regional gender bias (teams: Bayes factor [BF] = 9,182; leadership: BF = 91,667) and improved over time (teams: BF = 6,420; leadership: BF = 3,495). Gender alone best predicted the likelihood of serving in a leadership role (BF = 1,197,397). Female attorneys were grossly underrepresented on civil trial teams. Gender representation on teams, but not leadership roles, has improved slightly over time. Culture may also contribute; women were less represented on trial teams in regions with greater gender bias in the air-particularly in leadership roles. Despite these slight improvements in representation on trial teams over time and in low-bias regions, gender disparities in leadership roles persist over time and levels of regional bias. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Women in Legal Governance: A Comparative Analysis of Female Participation and Advancement in the Legal Profession in Japan and India

The social advancement of women in the legal field is a critical indicator of societal modernisation. Despite the progress made globally in the pursuit of gender equality, there are still substantial disparities, particularly in Asian countries such as India and Japan. In this article, the participation and advancement of female legal professionals in these two nations are analysed, with a particular emphasis on the persistent gender disparity and the influence of cultural and institutional barriers on their professional development. The study employs a comparative analysis using data from the White Paper on Lawyers published by the Japan Federation of Bar Associations, alongside statistical data from Indian state bar councils. Findings indicate a significant disparity in the level of female counsel participation between Japan and India. The proportion of female lawyers in India was less than 11% of the total legal professionals in 2010, a figure that increased marginally to 15% by 2020. The study reveals that in order to address the gender disparity in the legal profession, it is imperative that both Japan and India take proactive measures. This study contributes to the limited corpus of comparative research on female legal professionals in Asian countries. The study provides a nuanced comprehension of the socio-legal dynamics that influence women’s advancement in the legal profession by contrasting the legal landscapes of Japan and India. It urges a joint endeavour to achieve gender equality, underscoring the importance of data-driven policies in the development of an inclusive legal environment.

Women Lawyers in the Struggle for Gender Equality in the Bar (late 19th — early 20th centuries)

Women Lawyers in the Struggle for Gender Equality in the Bar (late 19th — early 20th centuries)

When legal interpretation is not about language

Abstract Linguistic arguments are paramount in legal interpretation. They are widely used by judges and considered to be ubiquitous across jurisdictions. It is claimed that they are decisive and limitative in the judicial interpretation of the law. The claims have long been subject to theoretical scrutiny and, recently, testing within experimental jurisprudence. In this paper, we analyse the judicial reasoning in a landmark Italian case from the end of the nineteenth century concerning Lidia Poët, an aspiring practising female lawyer. The case was decided in the last instance by the Turin Court of Cassation. We give a detailed argumentative analysis of the reasoning of the Court of Cassation in Turin in the Lidia Poët case and show that the crucial linguistic and systematic arguments used are not grounds for the interpretative decision to exclude women from the denotation of the word “lawyer.” We conclude that the linguistic arguments employed by courts often do not do the argumentative work they are expected to do. Instead, they cover the substantial views that have determined the ascription of normative meaning to a term or sentence.

Since you put it that way… Gender norms and interruptions at Supreme Court oral arguments

AbstractObjectiveAt U.S. Supreme Court oral arguments, female attorneys are more likely to be interrupted than their male counterparts under some conditions. This makes it difficult for women to effectively construct a narrative and substantively impact case law. While existing work conceptualizes gender as a binary, I draw on recent work stressing gender is performative to deesentialize gender and explore how attorneys’ compliance with gender norms and subtle expectations about men's and women's behavior in a host of contexts, predicts interruptions at oral arguments.MethodsVia quantitative textual analysis of all oral arguments from 2004 to 2019 where one attorney argues for the petitioner and one for the respondent, I examine the extent to which gender norm compliance predicts interruptions.ResultsI find both male and female attorneys are interrupted more frequently when their oral arguments are not gender normative. Thus, an argument that is successful for a male attorney is not necessarily successful for a female attorney, and vice versa.ConclusionMy results underscore female attorneys are not less successful as a matter of course; attorney success is driven by attorney compliance with gender norms. This work also raises a number of normative questions I encourage future scholars to explore.

Sofana Dahlan: spearheading to nurture creativity in Saudi Arabia

Research methodology The data for the case is a mix of both primary and secondary data, from the following sources: – personal interviews with the protagonist, Sofana Dahlan; – Tashkeil website; – official documents provided by the company: ■ “Tashkeil – Corporate Brief,” ■ “Saudi National Creative Initiative – Activities Report 2016”; and ■ “Tashkeil Global Company”. – published media sources. Case overview/synopsis The case outlines the story of Sofana Dahlan (Sofana) (she/her), a social entrepreneur and one of the first few women lawyers in the Kingdom of Saudi Arabia. She established Tashkeil as a social enterprise, helping creative entrepreneurs (creatives) with strategic, operational and legal inputs, thus enabling the creative industry in different parts of the Arab world, focussing on Saudi Arabia and Lebanon. Her story can be used to inspire students on how a female entrepreneur fought against an extremely restrictive social and cultural environment and achieved her goals. It helps them to understand the challenges faced by women in the context of the Arab world and the key attributes required for them to succeed as an entrepreneur, especially in the context of certain social and cultural barriers. It also helps to understand the importance of resilience in entrepreneurs and to discuss how entrepreneurs can become more resilient. Complexity academic level The case can be used mainly in undergraduate Business Management Programs in courses such as Entrepreneurship, with specific reference to Women Entrepreneurship. The case would be a good fit for courses on Social Entrepreneurship and Creative Businesses.

The cost of a vowel: How the gender-marked job title affects ratings of female lawyers

We show that using the feminine job title negatively impacts how female lawyers are perceived by other professionals. Respondents were presented with hypothetical legal issues and shown several realistic profiles of male and female lawyers, where we randomly varied whether female lawyers were presented with the predominantly used masculine term – avvocato – or with the feminine term — avvocata. Ceteris paribus, female profiles with the feminine title receive lower ratings by 0.36 (out of 10, −5%, −0.16SD). The effect is driven by female respondents and is large relative to profiles’ experience or other quality signals.

Home and Work: Struggles of Indian Women Legal Professionals Before and During Pandemic

Grappling with work–life challenges often hinder the growth of women lawyers within their profession. As women struggle with the dual problems of working long hours and managing the family they are bound in a precarious situation which marginalises them as revealed in literature. The Pandemic 2020 has made the ‘work from home’ the new normal phenomenon. The present study makes a comparative narrative analysis between pre and during pandemics work–life contexts of the women lawyers by interviewing fifty of them based in Kolkata (India). The already existing work–life challenges have been amplified exposing their vulnerabilities. The crisis is about their existence as professionals, due to prioritising home over work during the pandemic. As the women lawyers strive to create a space within the legal profession, the pandemic proved jeopardising pulling them towards their conventional roles. Their professional and private spaces are brought under the same roof, increasing the struggle of their multiple roles and sacrificing their ‘me time’.

Breaking apart the splits that glue us together: Disruption as therapeutic action

ABSTRACT Drawing an analogy among the splits in US Constitutional democracy, in Communist totalitarianism, in our field, and in many of our patients’ psychic foundations, the essay advances the idea that the disruption of fundamental splits—often fastened together by keystone selfobjects—is vital for an emancipatory psychoanalysis. My argument is that to heal our democracy, and to help many of our patients heal, our praxis must cultivate a generative rupturing of the psyche/social status quo that goes beyond the incremental work that often characterizes what we do, and builds upon the promise of Winnicott’s “breakdown experience” and Fanon’s decolonial praxis. The author further considers resonances across her conception of “feminine law” and the vaginal signifier as the zero of the signifying chain, Koichi Togashi’s “psychoanalytic zero”, and Hortense Spillers’ reading of the black feminine as the zero of the social order. This zero, she argues, acts as a site of rupture and radical transformation, enabling alterity, contradiction, and the operations of a disordered apres coup temporality. Clinically, this manifests as desperation and desire coalescing as a liberatory force, infused with ethical charge, with the potential to dismantle archaic oppressive structures and alliances. The essay concludes that that we are at the brink of a collective, paradoxical experiment in constituting ourselves as fully human in which we reclaim an alienated (material) dimension of human subjectivity, surrendering to the other-than-human, for the sake of joining liberty and love, present and ancestral truths, in a relationship that doesn’t require splitting.

Health Determinants and Outcomes among Women Lawyers: A Systematic Literature Review

The purpose of this study was to identify the determinants of health and associated outcomes for women lawyers. It was also to identify promising avenues of research to improve the legal profession for women. The systematic literature review was conducted using five databases. Papers were first selected by eliminating the duplicates, then by analyzing the title and abstract, and, finally, by reading the papers in full. Twenty-six articles met the inclusive and exclusive criteria. Women lawyers’ health determinants fall under four main categories: working conditions, organizational culture, psychological violence at work, and health determinants outside of work. The outcomes were separated into three categories: physical outcomes, psychological outcomes, and work-related outcomes. The conclusions of this study show the significant difficulties women face advancing in their career and balancing their work and family responsibilities.

“Perveen Mistry investigates”: representing the first Indian female lawyer in fiction

ABSTRACT Sujata Massey’s lawyer-detective heroine Perveen Mistry is based on the real-life Cornelia Sorabji and Mithan Lam, the first female Indian lawyers. Over the course of three published novels, Mistry is shown as a true hero with agency over her life, one who investigates, gets into trouble, and ultimately solves cases, albeit with a little help from others. While there has been some representation of women legal professionals in Indian movies or series, the Perveen Mistry series marks the first such depiction in print. Since Mistry is based on real female lawyers, Massey has remained true to the historical realities of pre-Independence India. In this paper, I will examine how realistic is the portrayal of Perveen Mistry as India’s first female lawyer, drawing comparisons with Sorabji’s and Lam’s lives and the lived experiences of women lawyers today. I will also undertake a close textual reading of the novels to attempt a socio-political analysis of the three books’ plots and their role in making or breaking the female lead character. Emphasis will be placed on the interconnected themes of gender, religion, time, and law.

Law and emotions in The Split

ABSTRACT The representation of female lawyers in film and television has long been indicative of wider issues of patriarchal crisis. Seminal works by Cynthia Lucia (Framing Female Lawyers, 2005) and Orit Kamir (Framed: Women in Law and Film, 2005) have alerted us to the ambivalent representations of female lawyers as personifications of progress, embodiments of social justice and epithets of powerful career women. Women lawyers, Lucia contends, regularly end up on trial themselves for violating norms of femininity and rebelling against patriarchal authority. This paper analyses the representation of female lawyers in the BBC drama The Split (2018–2022) and suggests a more positive reading of female ambivalence. The paper is informed by law and visual culture theory, professional identity theory and community of coping theory to shed light on the emotional complexities, tensions and conflicts that divorce lawyers manage daily.

The untold story of the first Italian-Turinese female lawyer: Netflix’s The Law According to Lidia Poet

ABSTRACT The Netflix nineteenth-century period drama The Law According to Lidia Poet presents the adventures of a young Italian law graduate in her pursuit of solving murder cases. Lidia Poet is not a fictional character, but very little is known about her journey to become a lawyer- and the series only adds a little to this knowledge. This review has several aims. First, it will reconsider the implications of reel history. Second, it will add some context to Netflix’s introduction of Lidia Poet and compare her experiences accessing the legal profession with her English colleagues, such as Bertha Cave and Gwyneth Bebb. Attention will be paid to the courts’ rejections of their appeals.

Oral history as an analytical tool: Eve Mahlab and the Australian Trailblazing Women Law Project

ABSTRACT This article adds to a growing body of literature that aims to correct the traditional lack of attention to the role of women lawyers who have exercised their power as active citizens by participating in legal reform and facilitating access to social justice for all Australians. The paper highlights the unique contribution to gender equality of one such woman, Eve Mahlab AO, through a close examination of her oral history, which was drawn from the pilot stage of a project that now comprises a corpus of over fifty interviews recorded with ‘trailblazing’ Australian women lawyers. The methodology adopted is innovative in combining a legal analysis and a discourse analysis of the interview with Eve Mahlab. This approach offers insights into those aspects of her personal and professional biography that most influenced and enabled her contributions in the public and private spheres, allowing us to publicly acknowledge and record them. The paper demonstrates how such use of oral history broadens and deepens our understanding of the diverse social and professional forces that shape political consciousness and motivate feminist engagement in civic activity.

Female lawyers in Egyptian and Lebanese films over the last 75 years: caretakers and anomalies with limited back stories

ABSTRACT Women in the Arab world have never had better access to education and professional careers. Despite this, gender stereotypes are hampering women’s progression towards gender equality. This article considers how the representation of women in film is contributing to the issue. The representation of female lawyers in Lebanese and Egyptian cinema over the last 75 years demonstrates gender disparity. On the scarce occasions when female lawyers are represented, they are confined to a caretaker role and associated with family disputes. By associating female lawyers with the family, they are put into the traditional Arab role of a woman, reinforcing the imbedded stereotypes that hamper the career progression of Arab women. We do not see male family members contributing to family obligations, which would demonstrate a significant move towards gender parity. Female lawyers are often defined by a relationship, romantic or otherwise, with a male protagonist. This perpetuates the patriarchal norm that Arab women are subordinate to their male relatives. There has been a shift towards greater gender equality in the representation of female lawyers in contemporary portrayals in Lebanese cinema. However, female lawyers still most often appear in isolation, giving them the status of an anomaly, the “Other”.

Gender, race, and job satisfaction of law graduates: Intersectional evidence from the National Survey of College Graduates

AbstractStudies typically find that lawyers have high job satisfaction and that women are not less satisfied than are men. But racial differences as well as gender differences by race or ethnicity in satisfaction may be masked because most lawyers identify as racially White. To examine whether job satisfaction differs by race and whether gender and race/ethnicity have an intersectional relation to job satisfaction, I use data on nearly 13,000 law graduates drawn from six waves of the National Survey of College Graduates (NSCG) conducted between 2003 and 2019. The NSCG uniquely provides a large enough sample to examine intersectionality in job satisfaction of law graduates as well as to compare satisfaction of lawyers to those employed in other occupations. Job satisfaction is strikingly low among Black women and Asian women law graduates. Asian women lawyers have satisfaction similar to White men lawyers but substantially lower satisfaction if not employed as a lawyer. Black women have substantially lower satisfaction in either employment situation. The lower satisfaction of Asian and Black women law graduates is not due to differences in personal characteristics, family status or background, job characteristics, or differences in values.

Thoughts on the Abortion Taboo: Displacement of a Failing Incest Taboo?

The author suggests reading the forces culminating in the Dobbs’ decision and the dismantling of Roe v. Wade as the expression of an “abortion taboo,” which represents patriarchy’s refusal to concede to—and its failure to achieve—the incest taboo. The incest taboo, in turn, reflects a weakened paternal law, the failure of which pivots on an archaic and pervasive repudiation of the non-unitary feminine. The abortion taboo performs the labor of annulling (sexed/feminine) difference, on the manifest level advocating reproduction and the life of the unborn, while—latently—insisting on the reproduction of the (White-hetero-masculinist) same, thus reaffirming incestuous relations and their frozen temporality. This essay highlights the signifying and politically liberatory potential of the vaginal, which introduces uncanny contradiction and is disruptive of patriarchal sameness, as well as bearing accountability to a law beyond the paternal: feminine law.

Süreyya Ağaoğlu and the emerging liberal order in early Cold War Turkey

This article discusses the life, career, and associations of Süreyya Ağaoğlu, Turkey’s first female lawyer, in the years leading up to Turkey’s watershed 1950 election, in order to understand Turkey’s liberal opposition. Considering her writings and experiences reveals not only the contested nature of liberalism in this period but also ways in which postwar liberalism was intertwined with the networks undergirding the emerging American-led Cold War order. Not only did she interact in her professional life with champions of liberalism from around the world, but she was also connected through her family to important figures in Turkey’s own liberal tradition. Her experience as a both a product of the ‘Kemalist’ state-building project and a critic of its excesses helps us think about the nature of political opposition during Turkey’s late 1940s democratization.

“The rookie and the fallen elite”: an examination of the portrayal of female lawyers in the Japanese legal drama “Onna wa sore wo yurusanai”

ABSTRACT While most Japanese legal dramas feature a male protagonist as the hero, a significant amount of screen time is allocated to the courtroom heroine as well. This is in spite of statistics that show that women are still underrepresented in the Japanese legal profession. Surveying post-2000 Japanese legal television dramas reveals that televisual female legal professionals conform to two stock character types and corresponding narrative arcs: the rookie lawyer, and the elite but “fallen” lawyer. While most shows only feature one such heroine, Onna wa sore wo yurusanai (2014) features two, representing both types. This paper closely examines how the two stock characters are portrayed in this drama and the relevance of each to the larger narrative which reveals the difficulties female legal professionals face while navigating Japan's male-dominated legal domain. The paper concludes that the increasing presence of the heroine in legal dramas and her overall positive portrayal, reflects the Japanese government's goal of raising the number of legal professionals and women's participation in all public sectors by 2020, and also indicates changing attitudes on the part of Japanese society toward the need to give greater recognition and social acceptance to female legal professionals.

Beyond the Glass Ceiling: Panes of Equity Partnership

This Article, prepared for a “micro-symposium” on Professor Kerri Stone’s monograph Panes of the Glass Ceiling (2022), explores the partnership pay gap in large law firms and the role of high-profile litigation in facilitating pay equity. There is a rich literature and extensive data on the gender attainment gap in elite law firms, particularly with regard to women’s attrition from practice and poor representation within the partnership ranks. Less attention has been paid to the way in which the exceptional women who achieve equity partner status continue to lag behind their male peers. This Article explores “Women v. BigLaw,” a cluster of equal pay cases brought by women partners in the late 2010s against elite firms. Using Stone’s work as a lens, it reveals how the same unspoken beliefs that underlie the law firm glass ceiling operate above it, placing women partners at the bottom of a new compensation hierarchy centered on origination credit. Due to historical allocations, a culture of deference toward male rainmakers, and implicitly biased attorney development and evaluation practices, origination operates as a form of “legacy credit” that locks in preexisting entitlements favoring male partners. Despite this, gender equity in law practice has been framed principally as a professional value, not a legal imperative. Women v. BigLaw and the unprecedented use of the court system by women lawyers reveals, however, that partnership pay practices pose a liability risk to firms. This new reality may incentivize structural change in ways that attention to gender equity as a managerial and professional goal could not.