IILP Review 2012: The State of Diversity and Inclusion in the Legal Profession © 2012 Institute for Inclusion in the Legal Profession All rights reserved. IILP Review 2012: The State of Diversity and Inclusion in the Legal Profession IILP Review 2012 •••• 1 Editorial Board Editor-in-Chief Elizabeth Chambliss Editorial Board Brian W. Duwe Sharon E. Jones Sandra S. Yamate Articles Editors Kienan Christianson Joshua Druckerman Jessamyn Farkas Editorial Assistant Jaimie Hendle The views and opinions expressed herein are those of the author of each article or essay and not necessarily those of the Institute for Inclusion in the Legal Profes- sion or the employer of any author. Any individuals who may be quoted in specific articles and who are identified in connection with their employer are not representing the views, opinions, or positions of their employer unless that representation is specifically noted. 2 •••• IILP Review 2012 Table of Contents 8 Letter from the Chair 9 Letter from the Editor-in-Chief 10 Letter from The Claro Group 11 About IILP 11 About the IILP Review: The State of Diversity and Inclusion in the Legal Profession The State of Diversity and Inclusion in the Legal Profession 13 The Demographics of the Profession by Elizabeth Chambliss Diversity and Inclusion in the Legal Profession in General 37 “What would you say?” Giving Teeth to Diversity Programming By Audrey Lee 40 Fisher and the Future of Affirmative Action By William C. Kidder 46 The Door to Law School By John Nussbaumer and E. Christopher Johnson 56 Who’s on Law Review? A Study of Diversity on Law Reviews By Marcey L. Grigsby IILP Review 2012 •••• 3 Table of Contents 60 Protecting Workers, Promoting Diversity and Enforcing the Law By Patricia A. Shiu 70 Resisting Challenges to the Diversity Value Proposition By E. Macey Russell 76 Rhetoric or Rule? Race-Blindness in French and American Antidiscrimination Law By Julie C. Suk Gender Diversity and Inclusion Issues in the Legal Profession 87 Gender and the Billable Hour By Nicole Nehama Auerbach 90 Diversity in the Legal Profession: Comparing Professional Work and Personal Lives of Female Lawyers in U.S. and German Cities By Gabriele Plickert Racial and Ethnic Diversity and Inclusion Issues in the Legal Profession 97 Are Ideal Litigators White? Measuring the Myth of Colorblindness By Jerry Kang 102 Race, Law and Latino Communities: The Diversity Pipeline By Juan Cartagena 106 Diversity in Florida By Yara Lorenzo 4 •••• IILP Review 2012 110 Apples, Bananas, Coconuts and Oreos – the Fruit Salad and Dessert of Race: American Indians in the Diversity Discourse By Lawrence R. Baca 118 Discrimination Faced By Gypsies and Travelers in the United Kingdom By Marc Willers 124 Memo to Law Firms: How to Better Recruit and Retain South Asian American Lawyers By Mona Mehta Stone 144 Japanese Americans at a Crossroads: Toward a Dynamic Model of Community By Steven Yoda 148 Redefining the Black Face of Affirmative Action: The Impact on Ascendant Black Women By Kevin D. Brown and Renee Turner Disability Diversity and Inclusion Issues in the Legal Profession 161 Diversity in the Legal Profession Cuts Both Ways: The Lawyer’s Dual Role as Employer and Public Accommodation By Michael A. Schwartz 166 Consciously Overcoming Unconscious Biases Against Lawyers with Disabilities By Paula Pearlman IILP Review 2012 •••• 5 Table of Contents LGBT Diversity and Inclusion Issues in the Legal Profession 171 Major LGBT Legal Developments of 2011 By Arthur S. Leonard 196 Transgender in Law By Mia Yamamoto 210 The Other: How Bias Against Gender Nonconformers Impedes Inclusion of LGBT Legal Professionals By Takeia R. Johnson Issues of Class and Socioeconomic Diversity and Inclusion in the Legal Profession 219 Lawyers and the Class System in Britain By Carol Madison Graham 224 About the Authors 246 2012 Practice Round-Up 260 IILP Board of Directors 261 IILP Advisory Board 262 Partners, Allies and Friends 264 Acknowledgements 6 •••• IILP Review 2012 Diverse teams arrive at better and more creative solutions. Whether it is developing the next generation of lawyers, providing leadership in organizations that promote diversity, or working on legal matters with far-reaching impact, we strive to build diversity and inclusion in the legal profession, the community and our firm. We salute the Institute for Inclusion in the Legal Profession for its real-world, common-sense approach to addressing diversity in today’s legal profession. CHICAGO | LOS ANGELES | NEW YORK | WASHINGTON, DC JENNER & BLOCK LLP | 353 NORTH CLARK STREET, CHICAGO, ILLINOIS 60654-3456 | 312 222-9350 JENNER.COM IILP Review 2012 •••• 7 December, 2012 Dear Colleagues, Last year, the Institute for Inclusion in the Legal Profession (IILP) published its inaugural review of the state of diversity in the legal profession. The 2011 IILP Review brought together essays on key aspects of diversity, from many different perspectives. The response was quite encouraging, with many people saying that they found the IILP Review to contain many useful insights in pursuing our shared goal of a more diverse and inclusive profession. On behalf of the IILP, I am delighted that we are able to present the second edition of the IILP Review. The 2012 IILP Review combines insightful personal reflections with hard data; in my view, it is the type of report that is valuable in pursuing our shared goals. My sincerest thanks and compliments go to the authors and editors whose hard work made this year’s IILP Review possible. Indeed, IILP’s determination to contribute through thought, word and deed to real change in the state of diversity depends on the collaboration and dedication that the IILP Review reflects. I hope that you find the 2012 IILP Review interesting, informative and, perhaps, provocative. Finally, as IILP enters its fourth year, I want to thank all of those individuals and organizations who are supporting the Institute’s efforts. We are indeed making progress and, with your help, we will help ensure that the legal profession becomes a model for diversity and inclusion. With best wishes. Marc S. Firestone Chair Institute for Inclusion in the Legal Profession 8 •••• IILP Review 2012 December, 2012 Dear Readers, The Institute for Inclusion in the Legal Profession (IILP) is proud to present the 2012 edition of the IILP Review: The State of Diversity and Inclusion in the Legal Profession. The IILP Review brings together a statistical summary of recent demographic data, thought pieces exploring diversity issues in a wide range of professional contexts, and a round- up of initiatives by law firms, corporations, law schools, bar associations, and govern- ment—all in an accessible, readable format. Our goal is make it easier for busy lawyers, judges, law professors, students, employers and diversity professionals to keep abreast of thinking and research related to diversity and inclusion in the profession and to provide momentum—and a regular venue—for addressing the continuing challenges that we face. Thanks to your efforts, this year’s IILP Review is expanded significantly from our inau- gural issue in 2011, and includes contributions from 26 people at the forefront of think- ing and practice in the field. We are delighted to present such a comprehensive sampling of this important work and welcome the continued development of both the content and format of the review. In particular, we hope to stimulate both large-scale and small-scale data collection and reporting by employers, diversity professionals, bar associations, and research institutions, so that we might better assess our progress toward greater integration and inclusion within the profession. We hope that you find the 2012 IILP Review useful and informative; and that you will consider contributing to a future issue of the IILP Review. Elizabeth Chambliss Editor-in-Chief IILP Review 2012 •••• 9 10 •••• IILP Review 2012 About IILP The Institute for Inclusion in the Legal Profession (IILP) is a 501 (c) (3) organization that believes that the legal profession must be diverse and inclusive. Through its pro- grams, projects, research, and collaborations, it seeks real change, now, and offers a new model of inclusion to achieve it. IILP asks the hard questions, gets the data, talks about what is really on people’s minds, no matter how sensitive, and invents and tests methodologies that will lead to change. For more information about IILP, visit www. theIILP.com. About the IILP Review: The State of Diversity and Inclusion in the Legal Profession The IILP Review features the most current data about the state of diversity in the legal profession, compelling essays that explore subtle issues of diversity and inclusion for lawyers, and current research from academic experts. As such, the IILP Review brings together general insights on programs and strategies to improve diversity and inclu- sion, as well as targeted articles about the different challenges faced by those seeking to survive and thrive as law students, lawyers, judges, and leaders. The depth and breadth of diversity and inclusion efforts makes it hard to keep abreast of the most current information about our progress or lack thereof. Furthermore, as notions of diversity and inclusion have expanded and evolved, it’s even more difficult to stay current with the latest thinking. The IILP Review addresses that challenge by making information about diversity and inclusion more readily and easily accessible. If you are interested in submitting an article for a future edition of the IILP Review please visit www.TheIILP.com for more information and to download the Call for Papers. IILP Review 2012 •••• 11 IILP Review 2012: The State of Diversity and Inclusion in the Legal Profession 12 •••• IILP Review 2012 Demographic Summary Elizabeth Chambliss Professor of Law, New York Law School In this executive summary, Professor Elizabeth Chambliss, author of the ABA report, Miles to Go: Progress of Minorities In the Profession, explains the most current demographic data on the legal profession he Institute for Inclusion in the Legal Profession (IILP) was created in 2009 to promote demographic and cultural diversity and inclusion in the U.S.