Binders Full of Women . . . Arbitrators?

The title of this post, as readers based in the United States surely know, refers to a statement from candidate Mitt Romney in a presidential debate. In response to a question from the audience, Romney gave the following account of his quest to identify women candidates for cabinet positions after he was elected governor of Massachusetts:

“[A]ll the applicants seemed to be men. And I – and I went to my staff, and I said, ‘How come all the people for these jobs are – are all men.’ They said, ‘Well, these are the people that have the qualifications.’ And I said, ‘Well, gosh, can’t we – can’t we find some – some women that are also qualified?’ And – and so we – we took a concerted effort to go out and find women who had backgrounds that could be qualified to become members of our cabinet. I went to a number of women’s groups and said, ‘Can you help us find folks,’ and they brought us whole binders full of women.”

Amidst the hilarity that has since ensued (I recommend an Internet search for “binders full of women,” as well as a glance at this IntLawGrrls post), let’s pause to consider some data from the glamorous world of international arbitration.

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Women Are Still Relatively New in the Legal Profession

Recent posts by Judi McMullen and Melissa Greipp have focused on issues confronted by women in the legal profession today, and the current issue of the National Law Journal reports that in large law firms, women still account for just of 15% of equity partners.

Although women currently (as of 2011) make up 31% of all lawyers in the United States and 47% of all students at ABA-accredited law schools, the presence of large number of women in the profession is still a relatively recent phenomenon.

There have been women in the American legal profession since the 1870’s, but their numbers were miniscule until after 1945.

In the fall of 1947, women accounted for only 3.3% of law students. (The number, not surprisingly had been higher during World War II, but that was because of the dramatic drop in the number of male law students during the war.) Although the percentage declined to 2.8% in 1948 and 1949, it began to grow after that and actually reached 4.1% (1362 of 31,197) in 1952, when 4.9% of all first year law students were women.

However, the number (not just the percentage) of woman attending law school began to decline again after 1952, as traditional notions of gender-appropriate occupations were reasserted during the Cold War Era. By 1956, the percentage of women dropped to a post-1950 low of 3.0%.

Although the number increased after that, the increase was extremely modest, and the 1952 figure of 4.9% of all law students was not reached again until 1968. Although the number of female law students increased from 1061 in 1956, to 2759 in 1967, the number of male students grew from 34,177 to 58,315 during the same period.

It was in the fall of 1968 that law school enrollments first reflected the impact of the Women’s Movement. For the 1968-69 academic year, the number of female first year law students jumped from 1179 to 1742, and the percentage of all law students who were female hopped up to 6.0%. Significantly, for the first time in the decade of the 1960’s, the number of males entering law school actually declined as an absolute number between 1967 and 1968.

The number of female students increased dramatically after that, passing the “10% of all law students” mark in 1972, the 20% barrier in 1974; and the 30% level in 1978. The largest single-year jump (in percentage terms) came between 1972 and 1973, when the number of first year female law students rose from 15.7% to 20.2% of the total, and the overall number of female law student rose from 12.1% to 16.0%. (Also, in 1972, the last all-male law school, Washington and Lee, first opened it doors to female students.)

The number of women in law school as a percentage of the whole continued to increase after 1978, although the rate of increase slowed. In 1985, women made up 40% of all law students for the first time; and in 1987, the percentage went permanently over that mark.

The percentage of women peaked at 49.0% in 2001 and 2002, and has declined slightly over the course of the past decade. During the 2011-12 academic year, women made up 46.7% of law students.

There were female students at the Milwaukee Law School in the 1890’s, and when Marquette took over the Milwaukee Law School in 1908, there were several women in the evening law program. Unfortunately, the law school does not have records of the number of female law students in its student body in individual years, but those figures could be reconstructed from the records of the University Registrar. However, the existing evidence suggests that Marquette’s pattern has generally tracked that of other ABA accredited law schools.

Note: All of the statements above that refer to “law schools,” refer actually refer only to ABA-accredited law schools. Outside of California, the vast majority of American law schools are ABA-accredited. In 1947, the number of ABA-accredited law schools was 111; by 2011, it was 201.

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Judging Mothers

A mother’s choice about whether to breast feed or bottle feed her infant may seem like a purely personal decision. In fact, for decades it has been an individual decision with wide-reaching social, economic and political ramifications. Issues have ranged from the economic interests of large baby formula manufacturers to the introduction of formula in developing countries where there are problems with its safe use to medical advice suggesting that breast milk is superior for babies and social disapproval of women who either don’t nurse their babies or who stop nursing before the recommended one-year mark.

In an opinion piece in today’s New York Times, author Alissa Quart discusses the fact that less than 50% of American babies are breast-fed for at least six months, despite a medical culture that sometimes portrays formula as “evil” and a competitive mothering society where women ask each other “How long did you go?” Quart opines that this is understandable, given the time-consuming nature of breast-feeding, and the demands of many women’s workplaces which offer little or no maternity leave, little on-site daycare, and not enough flexibility to allow women to either structure their hours to allow nursing, or to pump milk while at work for later use by a caregiver. She argues that this breast-feeding obsession is part of a social phenomenon that seeks to eliminate all risks to children, and that we need to allow women to make individual decisions without subjecting them to guilt trips.

In The Conflict: How Motherhood Undermines the Status of Women (newly released in an English edition), French sociologist Elisabeth Badinter argues that the aggressive push for breast-feeding engineered by doctors, governments, and private groups such as the international La Leche League, is a significant part of a larger social agenda to demand perfection in parenting and especially in mothering. This has huge social and economic ramifications, according to Badinter, because seeking mothering perfection along these lines precludes women from equal competition in many professions, and leaves them at a permanent economic disadvantage in the workplace.

So what relevance do these discussions have for a legal blog?

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