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"Rhode, Deborah L"
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METOO
This Essay explores the evolution, implications, and potential of #MeToo. It begins by reviewing the inadequacies of sexual harassment law and policies that have permitted continuing abuse and that prompted the outrage that erupted in 2017. Discussion then turns to the origins of the #MeToo movement and assesses the changes that it has propelled. Analysis centers on which changes are likely to last and the concerns of fairness and inclusion that they raise. A final section considers strategies for sustaining the positive momentum of the movement and directing its efforts toward fundamental reform.
Journal Article
Leadership in Law
This Article argues that the occupation that produces the nation's greatest share of leaders needs to do more to prepare them for that role. Attention is long overdue. Over two-thirds of Americans think that the nation has a leadership crisis, and only a small minority have trust in lawyers, particularly those in leadership roles. To promote a deeper understanding of what is lacking, this Article summarizes key insights from contemporary leadership research. Part I explores what is known about the qualities and styles that make for effective leadership. Part II surveys what is known about how lawyers can develop those capabilities. Part III looks at diversity in leadership and describes barriers that stand in the way for women lawyers and lawyers of color. Part IV looks at the legacy of leaders and what can promote their effectiveness.
Journal Article
Character : what it means and why it matters
Americans claim to care about character. Over four fifths want it taught in public schools, and 95 percent think that a president's character is important. And historically, philosophers, educators, politicians, religious leaders, judges, and the general public have agreed that character should be valued and reinforced. Yet in the United States, the institutions charged with that mission have consistently fallen short. Simply put, too little effort has been made to understand the importance of character and the strategies that can best develop and support it. After first exploring the history of the concept over time, Deborah Rhode turns her focus to the institutions that have traditionally fostered good character: families, schools, youth organizations, civic groups, and political organizations. However, as we have increasingly de-emphasized the subject-a trend that is most evident in our politics-our awareness of its shaping influence has waned. Indeed, we often focus on the wrong things when it comes to fostering good character. For instance, almost a third of the workforce is covered by licensing laws requiring good moral character, even occupations where the need for screening is not self-evident: florist, fortune teller, and frog farmers. Character also plays a pivotal role in the criminal justice system, in defining guilt, punishment, and eligibility for parole. All too often, these legal requirements are idiosyncratic, inequitable, and subject to race and class bias. Millions of Americans who have convictions for minor offenses are excluded from a vast range of occupations and benefits without evidence that such exclusion serves the public interest. We can do better, she stresses, and outlines a powerful program for reform.
Book
The Trouble with Lawyers
By any measure, the law as a profession is in serious trouble. Americans' trust in lawyers is at a low, and many members of the profession wish they had chosen a different path. Law schools, with their endlessly rising tuitions, are churning out too many graduates for the jobs available. Yet despite the glut of lawyers, the United States ranks 67th (tied with Uganda) of 97 countries in access to justice and affordability of legal services. The upper echelons of the legal establishment remain heavily white and male. Most problematic of all, the professional organizations that could help remedy these concerns instead jealously protect their prerogatives, stifling necessary innovation and failing to hold practitioners accountable. Deborah Rhode's The Trouble with Lawyers is a comprehensive account of the challenges facing the American bar. She examines how the problems have affected (and originated within) law schools, firms, and governance institutions like bar associations; the impact on the justice system and access to lawyers for the poor; and the profession's underlying difficulties with diversity. She uncovers the structural problems, from the tyranny of law school rankings and billable hours to the lack of accountability and innovation built into legal governance-all of which do a disservice to lawyers, their clients, and the public. The Trouble with Lawyers is a clear call to fix a profession that has gone badly off the rails, and a source of innovative responses.
eBook
Cheating : ethics in everyday life
\" Cheating is deeply embedded in everyday life. The costs of the most common forms of cheating total close to a trillion dollars annually. Part of the problem is that many individuals fail to see such behavior as a serious problem. \"Everyone does it\" is a common rationalization, and one that comes uncomfortably close to the truth. That perception is also self-perpetuating. The more that individuals believe that cheating is widespread, the easier it becomes to justify. Yet what is most notable about analysis of the problem is how little there is of it. Whether or not Americans are cheating more, they appear to be worrying about it less. In Cheating, eminent legal scholar Deborah L. Rhode offers the only recent comprehensive account of cheating in everyday life and the strategies necessary to address it. Because cheating is highly situational, Rhode drills down on its most common forms in sports, organizations, taxes, academia, copyright infringement, marriage, and insurance and mortgages. Cheating also reviews strategies necessary to address the pervasiveness and persistence of cheating in these contexts. We clearly need more cultural reinforcement of ethical conduct. Efforts need to begin early, with values education by parents, teachers, and other role models who can display and reinforce moral behaviors. Organizations need to create ethical cultures, in which informal norms, formal policies, and reward structures all promote integrity. People also need more moral triggers that remind them of their own values. Equally important are more effective enforcement structures, including additional resources and stiffer sanctions. Finally, all of us need to take more responsibility for combatting cheating. We need not only to subject our own conduct to more demanding standards, but also to assume a greater obligation to prevent and report misconduct. Sustaining a culture that actively discourages cheating is a collective responsibility, and one in which we all have a substantial stake. \"-- Provided by publisher.
Book
The Injustice of Appearance
\"It hurts to be beautiful\" is a cliche I grew up with. \"It hurts not to be beautiful\" is a truth I acquired on my own. But not until finishing the research that led to this Article did I begin to grasp the cumulative cost of our cultural preoccupation with appearance. Over a century ago, Charles Darwin concluded that when it came to beauty, \"[n]o excuse is needed for treating the subject in some detail.\" That is even truer today; our global investment in appearance totals over $200 billion a year. Yet when it comes to discrimination based on appearance, an excuse for discussion does seem necessary, particularly for a legal scholar. Given all the serious problems confronting women-rape, domestic violence, poverty, child care, unequal pay, violations of international human rights-why focus on looks? Most people believe that bias based on beauty is inconsequential, inevitable, or unobjectionable.This Article, by contrast, argues that discrimination based on appearance is a significant form of injustice, and one that the law should remedy.
Journal Article
Virtue and the Law: The Good Moral Character Requirement in Occupational Licensing, Bar Regulation, and Immigration Proceedings
Character plays a crucial role in US law. This article explores flaws in how moral character requirements determine who can work in licensed occupations, who can practice law, and who can immigrate to the United States or become a citizen. Section I summarizes psychological research on character, which raises questions about a central legal premise that individuals have a settled disposition capable of accurately predicting their behavior independent of situational influences. Section II examines the role of moral character as an employment credential. Almost a third of the workforce is covered by licensing laws that typically require proof of good character and often unjustly penalize the seventy million Americans with criminal records. Section III examines the idiosyncratic and inconsistent application of moral character requirements for lawyers. Section IV focuses on similar flaws in immigration contexts. Section V identifies reform strategies to improve the fairness of character-related decisions in the law.
Journal Article
Women and leadership
In Women and Leadership, the eminent legal scholar Deborah L. Rhode focuses on women's underrepresentation in leadership roles and asks why it persists and what we can do about it. Although organizations generally stand to gain from increasing gender equity in leadership, women's underrepresentation is persistent and pervasive. Rhode explores the reasons, including women's family roles, unconscious gender bias, and exclusion from professional development networks.
eBook