Arbitrators are mostly male and overwhelmingly white. Women and minorities are more likely than white men to be forced into arbitration, which prevents them from having judges and juries hear their cases. Corporate defendants disfavor female and minority arbitrators. When they do oversee cases, female arbitrators rule in favor of consumers and employees more often than male arbitrators.
{"title":"Where White Men Rule: How the Secretive System of Forced Arbitration Hurts Women and Minorities","authors":"Aaj Research","doi":"10.2139/ssrn.3878360","DOIUrl":"https://doi.org/10.2139/ssrn.3878360","url":null,"abstract":"Arbitrators are mostly male and overwhelmingly white. Women and minorities are more likely than white men to be forced into arbitration, which prevents them from having judges and juries hear their cases. Corporate defendants disfavor female and minority arbitrators. When they do oversee cases, female arbitrators rule in favor of consumers and employees more often than male arbitrators.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"258 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114259447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Despite the panoply of rights set forth in international and domestic legal frameworks and the proven benefits associated with women’s presence in leadership roles, global percentages of women in positions of power remain low. A number of factors account for this phenomenon, including entrenched institutional and cultural practices and structural inequalities that prevent women from fully participating in public life.
Although a rights-based approach is often advocated to remedy gender disparities, an analysis of global data reporting percentages of women as heads of state and government, as well as in judiciaries, demonstrates that women tend to achieve power more readily in countries emerging from conflict than they do in times of peace. This occurs for several reasons. Pre-existing patriarchal norms and institutions – as well as deeply ingrained racial, ethnic and gender inequalities – that contribute to conflict are often destroyed or discredited, requiring restructuring or rebuilding altogether. Post-conflict reconstruction efforts, often supported by assistance from international advisers, can provide opportunities to bring states into compliance with international norms and best practices with respect to gender equality. Conflict can also alter narratives about gender, power and leadership since during and after conflict women are presented with opportunities not necessarily available to them during times of peace.
Nevertheless, although conflict may present a more effective catalyst for women’s political advancement than litigation does, legal and constitutional language alone may not be sufficient to alter cultural norms and deeply embedded structural inequities. Power dynamics, physical and sexual violence, and women’s internalized thinking all need to be addressed in order to ensure long term political presence and economic gain.
{"title":"Conflict as Catalyst: The Role of Conflict in Creating Political Space for Women","authors":"C. S. Warren","doi":"10.2139/ssrn.3769576","DOIUrl":"https://doi.org/10.2139/ssrn.3769576","url":null,"abstract":"Despite the panoply of rights set forth in international and domestic legal frameworks and the proven benefits associated with women’s presence in leadership roles, global percentages of women in positions of power remain low. A number of factors account for this phenomenon, including entrenched institutional and cultural practices and structural inequalities that prevent women from fully participating in public life.<br><br>Although a rights-based approach is often advocated to remedy gender disparities, an analysis of global data reporting percentages of women as heads of state and government, as well as in judiciaries, demonstrates that women tend to achieve power more readily in countries emerging from conflict than they do in times of peace. This occurs for several reasons. Pre-existing patriarchal norms and institutions – as well as deeply ingrained racial, ethnic and gender inequalities – that contribute to conflict are often destroyed or discredited, requiring restructuring or rebuilding altogether. Post-conflict reconstruction efforts, often supported by assistance from international advisers, can provide opportunities to bring states into compliance with international norms and best practices with respect to gender equality. Conflict can also alter narratives about gender, power and leadership since during and after conflict women are presented with opportunities not necessarily available to them during times of peace. <br><br>Nevertheless, although conflict may present a more effective catalyst for women’s political advancement than litigation does, legal and constitutional language alone may not be sufficient to alter cultural norms and deeply embedded structural inequities. Power dynamics, physical and sexual violence, and women’s internalized thinking all need to be addressed in order to ensure long term political presence and economic gain.<br>","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"2 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-01-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132388963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Women’s weak bargaining power against spouses can be a hurdle to their entrepreneurship opportunities. By utilizing the state- and time-varying divorce laws in the U.S., we find that female entrepreneurship increases significantly when the divorce laws give women stronger bargaining power. This effect mainly comes from an increase in survival rate by existing business owners. The results are more pronounced for the more entrepreneurial-type of occupations, and among women who ex ante face a less friendly social environment. Overall, our results provide the first evidence that intra-household bargaining power can be an important but unstudied factor for female entrepreneurship.
{"title":"How Intra-Household Bargaining Power Affects Female Entrepreneurship?","authors":"Tse-Chun Lin, Mingzhu Tai","doi":"10.2139/ssrn.3692274","DOIUrl":"https://doi.org/10.2139/ssrn.3692274","url":null,"abstract":"Women’s weak bargaining power against spouses can be a hurdle to their entrepreneurship opportunities. By utilizing the state- and time-varying divorce laws in the U.S., we find that female entrepreneurship increases significantly when the divorce laws give women stronger bargaining power. This effect mainly comes from an increase in survival rate by existing business owners. The results are more pronounced for the more entrepreneurial-type of occupations, and among women who ex ante face a less friendly social environment. Overall, our results provide the first evidence that intra-household bargaining power can be an important but unstudied factor for female entrepreneurship.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125991946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Traditional gender stereotypes interact with material deprivation to trap women into poverty. Throughout their lives women disproportionately experience poverty. Due to a complex web of interlocking factors, becoming a mother can trigger or exacerbate poverty. The human rights framework with its strong commitment to women’s equality holds great potential to accurately capture, and remediate, the relationship between gender, poverty and parenting. This chapter explores the untapped potential of equality law in tackling women’s poverty by examining three judgments on social benefits schemes from the UK. These three cases are put under the analytical microscope as they directly engage with social benefits law, poverty and motherhood and in all three cases the claimants failed to establish the law was discriminatory. In analyzing the interaction between gender, poverty and parenting and why these claims failed, this chapter offers an alternative and richer human rights-based approach to poverty, grounded in the right to equality, that can be useful to all states, especially liberal-democratic states similar to the UK.
{"title":"Capping Motherhood: An Equality-Based Analysis of the UK Benefit Cap Cases","authors":"Meghan Campbell","doi":"10.2139/ssrn.3587480","DOIUrl":"https://doi.org/10.2139/ssrn.3587480","url":null,"abstract":"Traditional gender stereotypes interact with material deprivation to trap women into poverty. Throughout their lives women disproportionately experience poverty. Due to a complex web of interlocking factors, becoming a mother can trigger or exacerbate poverty. The human rights framework with its strong commitment to women’s equality holds great potential to accurately capture, and remediate, the relationship between gender, poverty and parenting. This chapter explores the untapped potential of equality law in tackling women’s poverty by examining three judgments on social benefits schemes from the UK. These three cases are put under the analytical microscope as they directly engage with social benefits law, poverty and motherhood and in all three cases the claimants failed to establish the law was discriminatory. In analyzing the interaction between gender, poverty and parenting and why these claims failed, this chapter offers an alternative and richer human rights-based approach to poverty, grounded in the right to equality, that can be useful to all states, especially liberal-democratic states similar to the UK.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116956039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Menstruation and menstrual practices still face many social, cultural, and religious restrictions which are a big barrier in the path of menstrual hygiene management. In many parts of the country especially in rural areas girls are not prepared and aware about menstruation so they face many difficulties and challenges at home, schools, and work places.While reviewing literature, we found that little, inaccurate, or incomplete knowledge about menstruation is a great hindrance in the path of personal and menstrual hygiene management. Girls and women have very less or no knowledge about reproductive tract infections caused due to ignorance of personal hygiene during menstruation time. In rural areas, women do not have access to sanitary products or they know very little about the types and method of using them or are unable to afford such products due to high cost. So, they mostly rely on reusable cloth pads which they wash and use again. Needs and requirements of the adolescent girls and women are ignored despite the fact that there are major developments in the area of water and sanitation. Women manage menstruation differently when they are at home or outside; at homes, they dispose of menstrual products in domestic wastes and in public toilets and they flush them in the toilets without knowing the consequences of choking. So, there should be a need to educate and make them aware about the environmental pollution and health hazards associated with them. Implementation of modern techniques like incineration can help to reduce the waste. Also, awareness should be created to emphasize the use of reusable sanitary products or the natural sanitary products made from materials like banana fibre, bamboo fibre, sea sponges, water hyacinth, and so on.
{"title":"The Practices and Challenges Faced by Girls / Womens of India Regarding Menstrual Hygiene, Management, and Waste Disposal","authors":"Dr. Shaikh Ahmad","doi":"10.2139/ssrn.3564178","DOIUrl":"https://doi.org/10.2139/ssrn.3564178","url":null,"abstract":"Menstruation and menstrual practices still face many social, cultural, and religious restrictions which are a big barrier in the path of menstrual hygiene management. In many parts of the country especially in rural areas girls are not prepared and aware about menstruation so they face many difficulties and challenges at home, schools, and work places.While reviewing literature, we found that little, inaccurate, or incomplete knowledge about menstruation is a great hindrance in the path of personal and menstrual hygiene management. Girls and women have very less or no knowledge about reproductive tract infections caused due to ignorance of personal hygiene during menstruation time. In rural areas, women do not have access to sanitary products or they know very little about the types and method of using them or are unable to afford such products due to high cost. So, they mostly rely on reusable cloth pads which they wash and use again. Needs and requirements of the adolescent girls and women are ignored despite the fact that there are major developments in the area of water and sanitation. Women manage menstruation differently when they are at home or outside; at homes, they dispose of menstrual products in domestic wastes and in public toilets and they flush them in the toilets without knowing the consequences of choking. So, there should be a need to educate and make them aware about the environmental pollution and health hazards associated with them. Implementation of modern techniques like incineration can help to reduce the waste. Also, awareness should be created to emphasize the use of reusable sanitary products or the natural sanitary products made from materials like banana fibre, bamboo fibre, sea sponges, water hyacinth, and so on.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125371516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
India is a country women are having high status in theory but are vulnerable in practice. Feminist jurisprudence is philosophy to understand the women issues. There are various theories to understand the feminist perspective about law and society. Feminist jurisprudence is understanding women right which is being inculcated in Indian law and Constitution of India. In India there are various laws to protect and empower them. Law plays monumental role to protect their rights, the purpose of the paper to understand the feminist jurisprudence and evolution of law related to women.
{"title":"Women’s Rights in India Under the Feminist Jurisprudence","authors":"Dr. Shaikh Ahmad","doi":"10.2139/ssrn.3550743","DOIUrl":"https://doi.org/10.2139/ssrn.3550743","url":null,"abstract":"India is a country women are having high status in theory but are vulnerable in practice. Feminist jurisprudence is philosophy to understand the women issues. There are various theories to understand the feminist perspective about law and society. Feminist jurisprudence is understanding women right which is being inculcated in Indian law and Constitution of India. In India there are various laws to protect and empower them. Law plays monumental role to protect their rights, the purpose of the paper to understand the feminist jurisprudence and evolution of law related to women.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114862694","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) provides in Article 39 the continuing in force of the provisions of the International Covenant on Civil Political Rights (ICCPR) “as applied in Hong Kong” and the implementation of those provisions through the laws of the Hong Kong Special Administrative Region (HKSAR). Yet, the HKSAR courts have, in a series of cases, interpreted Article 39 to provide for the domestication of the treaty reservation of immigration legislation and its application in Hong Kong in respect of persons who are subject to immigration control to the effect that the administration of strict immigration control policy by the HKSAR Government is not subject to judicial scrutiny for compliance with fundamental human rights protected under the Basic Law and international human rights instruments applicable to Hong Kong. In April 2019, the Hong Kong Court of Final Appeal held in its judgment in the Comilang case that the Director of Immigration was not required to take into account the enjoyment of family rights in Hong Kong when the Director makes a decision on whether a foreign national parent should be permitted to remain to take care of her minor child and live in Hong Kong as a family. This judgment turned the recognition in international human rights law of the family as the fundamental group unit of society for protection on its head. This Paper critiques this judgment. and concludes with observations on its domestic and international implications.
{"title":"Hong Kong’s Strict Immigration Control: The Family as the Unit of Non-Protection and Deprivation of Human Rights Protection","authors":"P. Lo","doi":"10.2139/ssrn.3507902","DOIUrl":"https://doi.org/10.2139/ssrn.3507902","url":null,"abstract":"The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (Basic Law) provides in Article 39 the continuing in force of the provisions of the International Covenant on Civil Political Rights (ICCPR) “as applied in Hong Kong” and the implementation of those provisions through the laws of the Hong Kong Special Administrative Region (HKSAR). Yet, the HKSAR courts have, in a series of cases, interpreted Article 39 to provide for the domestication of the treaty reservation of immigration legislation and its application in Hong Kong in respect of persons who are subject to immigration control to the effect that the administration of strict immigration control policy by the HKSAR Government is not subject to judicial scrutiny for compliance with fundamental human rights protected under the Basic Law and international human rights instruments applicable to Hong Kong. In April 2019, the Hong Kong Court of Final Appeal held in its judgment in the Comilang case that the Director of Immigration was not required to take into account the enjoyment of family rights in Hong Kong when the Director makes a decision on whether a foreign national parent should be permitted to remain to take care of her minor child and live in Hong Kong as a family. This judgment turned the recognition in international human rights law of the family as the fundamental group unit of society for protection on its head. This Paper critiques this judgment. and concludes with observations on its domestic and international implications.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"75 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114005512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We document that existing gender equality indexes do not take into account gender-specific mandatory peace-time conscriptions. This suggests that gender-specific conscription is not considered to be an important gender issue. If an indicator measuring the gender equality of mandatory conscription (compulsory military service) would be included into gender equality indexes with appropriate weight then the relative positions of countries could be affected. In the context of Nordic countries, this would mean that Finland and Denmark, the countries with conscription for male only, would get worse scores with respect to gender equality compared to Sweden and Norway, countries with conscription or men and women, and Iceland, a country with no conscription for men nor women.
{"title":"Gender-Specific Call of Duty: A Note on the Neglect of Conscription in Gender Equality Indexes","authors":"Jussi T. S. Heikkilä, Ina Laukkanen","doi":"10.2139/ssrn.3538688","DOIUrl":"https://doi.org/10.2139/ssrn.3538688","url":null,"abstract":"We document that existing gender equality indexes do not take into account gender-specific mandatory peace-time conscriptions. This suggests that gender-specific conscription is not considered to be an important gender issue. If an indicator measuring the gender equality of mandatory conscription (compulsory military service) would be included into gender equality indexes with appropriate weight then the relative positions of countries could be affected. In the context of Nordic countries, this would mean that Finland and Denmark, the countries with conscription for male only, would get worse scores with respect to gender equality compared to Sweden and Norway, countries with conscription or men and women, and Iceland, a country with no conscription for men nor women.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132806856","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Women finally make up more than half of law students nationwide, but that milestone masks significant gender inequities in law school enrollment. Women constitute an even larger percentage of the potential applicant pool: for almost two decades, they have earned more than 57% of all college degrees. As we show in this article, women are less likely than men to apply to law school — or to be admitted if they do apply. Equally troubling, women attend less prestigious law schools than men. The law schools that open the most employment doors for their graduates enroll significantly fewer women than schools with worse job outcomes and weaker access to the legal profession. We explore here the factors that may contribute to this ongoing gender gap in law school attendance. We also propose several strategies for closing the gap. Enrollment equity alone will not put women on an equal footing with men; a sizable literature probes gender biases that pervade the law school environment. Recognizing and addressing the enrollment gap in legal education, however, is an essential first step toward improving the representation of women throughout the legal profession.
{"title":"Gender Equity in Law School Enrollment: An Elusive Goal","authors":"D. J. Merritt, Kyle P. McEntee","doi":"10.2139/ssrn.3464582","DOIUrl":"https://doi.org/10.2139/ssrn.3464582","url":null,"abstract":"Women finally make up more than half of law students nationwide, but that milestone masks significant gender inequities in law school enrollment. Women constitute an even larger percentage of the potential applicant pool: for almost two decades, they have earned more than 57% of all college degrees. As we show in this article, women are less likely than men to apply to law school — or to be admitted if they do apply. Equally troubling, women attend less prestigious law schools than men. The law schools that open the most employment doors for their graduates enroll significantly fewer women than schools with worse job outcomes and weaker access to the legal profession. \u0000 \u0000We explore here the factors that may contribute to this ongoing gender gap in law school attendance. We also propose several strategies for closing the gap. Enrollment equity alone will not put women on an equal footing with men; a sizable literature probes gender biases that pervade the law school environment. Recognizing and addressing the enrollment gap in legal education, however, is an essential first step toward improving the representation of women throughout the legal profession.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133056670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Author(s): Bambauer, Jane R; Rahman, Tauhidur | Abstract: Thirty percent of female lawyers leave their careers. The same is true for female doctors. Over time, an increasing number of married professionals have recreated traditional gender roles, and society has lost a tremendous amount of training and well-honed talent as a result. Neither workplace discrimination nor family obligations can fully and satisfactorily explain the trend. Both of those theories assume that women take a more dependent and vulnerable position in the household because of constraints, but in one important respect, men are more constrained than women, and they are better off for it: to maintain social status, men have to work. Women do not. This Article advances a theory and corroborating evidence that the cultural acceptance of female underemployment is a privilege in the abstract, but a curse in practice. Even under the best conditions, the early stages of professional careers involve mistakes, mismatches, and disappointments. An opportunity to escape the stress of the public sphere by focusing on the family may have great appeal in the short run even though the long-run consequences are severe. Asymmetric cultural acceptance creates an easy off-ramp for females, to nearly everybody’s detriment.
作者:Bambauer, Jane R;摘要:30%的女律师离职。女医生也是如此。随着时间的推移，越来越多的已婚专业人士重新塑造了传统的性别角色，结果，社会失去了大量的培训和磨练有素的人才。无论是职场歧视还是家庭义务都不能充分和令人满意地解释这一趋势。这两种理论都假设女性在家庭中由于约束而处于更依赖和更脆弱的地位，但在一个重要的方面，男性比女性更受约束，他们也因此更富有:为了保持社会地位，男性必须工作。女性则不然。本文提出了一个理论和实证，即对女性就业不足的文化接受在抽象上是一种特权，但在实践中却是一种诅咒。即使在最好的条件下，职业生涯的早期阶段也会出现错误、不匹配和失望。通过专注于家庭来逃避公共领域压力的机会在短期内可能具有很大的吸引力，尽管长期后果是严重的。不对称的文化接受为女性创造了一个轻松的退路，这几乎损害了所有人的利益。
{"title":"The Quiet Resignation: Why Do So Many Female Lawyers Abandon Their Careers?","authors":"Jane R. Bambauer, T. Rahman","doi":"10.2139/ssrn.3335481","DOIUrl":"https://doi.org/10.2139/ssrn.3335481","url":null,"abstract":"Author(s): Bambauer, Jane R; Rahman, Tauhidur | Abstract: Thirty percent of female lawyers leave their careers. The same is true for female doctors. Over time, an increasing number of married professionals have recreated traditional gender roles, and society has lost a tremendous amount of training and well-honed talent as a result. Neither workplace discrimination nor family obligations can fully and satisfactorily explain the trend. Both of those theories assume that women take a more dependent and vulnerable position in the household because of constraints, but in one important respect, men are more constrained than women, and they are better off for it: to maintain social status, men have to work. Women do not. This Article advances a theory and corroborating evidence that the cultural acceptance of female underemployment is a privilege in the abstract, but a curse in practice. Even under the best conditions, the early stages of professional careers involve mistakes, mismatches, and disappointments. An opportunity to escape the stress of the public sphere by focusing on the family may have great appeal in the short run even though the long-run consequences are severe. Asymmetric cultural acceptance creates an easy off-ramp for females, to nearly everybody’s detriment.","PeriodicalId":108281,"journal":{"name":"Women & Law eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123954265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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