BigLaw Identity Capital: Pink and Blue, Black and White

This Article advances a new capital framework for understanding the bargain between large law firms and their lawyers, depicting BigLaw relationships not as basic labor-salary exchanges but rather as complex transactions in which large law firms and their lawyers exchange labor and various forms of capital — social, cultural, and identity. First, it builds on the work of Pierre Bourdieu regarding economic, cultural, symbolic, and social capital by examining the concepts of positive and negative capital, exploring the meaning of capital ownership by entities, and developing the notion of identity capital — the value individuals and institutions derive from their identities. Then, the Article advances a capital theory of BigLaw, in which large law firms and their lawyers engage in complex transactions trading labor, social, cultural, and identity capital for economic, social, cultural, and identity capital. Capital analysis sheds new light on the well-documented and troubling underrepresentation of diverse lawyers at BigLaw. It shows that the underrepresentation of women and minority lawyers is not solely the result of exogenous forces outside the control of large law firms such as implicit bias, but rather the outcome of the very exchanges in which BigLaw and its lawyers engage. Specifically, large law firms take into account the capital endowments of their lawyers in making hiring, retention and promotion decisions, and derive value from their lawyers’ capital, for example, by trading on the identity of women and minority lawyers in marketing themselves as being diverse and inclusive to clients and potential recruits. Yet, while BigLaw trades for the identity capital of women and minority lawyers, it fails to offer them opportunities in return to acquire the social and cultural capital necessary for attaining positions of power, resulting in underrepresentation. Moreover, these labor-capital exchanges are often implicit and made by uninformed participants, and therefore unjust. Exactly because the capital framework describes the underrepresentation of diverse lawyers at BigLaw as an endogenous outcome within the control of BigLaw and its lawyers, however, it is a cautiously optimistic model that offers hope for greater representation of diverse lawyers in positions of power and influence. The Article suggests policies and procedures BigLaw can and should adopt to improve the quality of the exchanges it offers to women and minority attorneys and to reduce the underrepresentation of diverse lawyers within its ranks. Employing the concepts of capital transparency, capital boundary, and capital infrastructure, it demonstrates how BigLaw can (1) explicitly recognize the roles social, cultural, and identity capital play in its hiring, retention and promotion apparatuses and (2) revise its policies and procedures to ensure that all of its lawyers have equal opportunities to develop the requisite capital and compete on equal and fair terms for positions of power and influence.

Adding Color to Feminism: White Privilege Within the Women's Liberation Movement.

This paper will explore how white privilege has been intertwined with the women's liberation movement in the United States. Feminism and its goals are described briefly and linked to an evaluation of white privilege within the movement. The feminist movement is explored throughout its three waves, including a class and race analysis of each separate period. In addition, this analysis focuses on how Black and Chicana women have been excluded from the mainstream, White, middle-class movement. Through the use of Social Dominance Theory (Sidanius & Pratto, 1999), the prevalence and impact of oppression and hierarchy are explored. The implications of oppression and exclusion in the current political climate are followed by suggestions for aligning the goals and direction of feminism with social justice.

Digital Curation Program of the Digital Public Library of America (DPLA)

The Digital Public Library of America (DPLA) is a digital library that strives to serve the public through digital collections accumulated from a wide variety of partners. Our chosen topic for the DPLA exhibit project is Perspectives on the Vietnam War. The Vietnam War remains a controversial topic of national interest, making it a topic of depth and of many perspectives. Our goals with this exhibit were to gather different perspectives of the war through personal stories, the media, presidential administrations of the war, military personnel, and the general public, including famous figures. We strove to demonstrate the variety of perspectives on the Vietnam War through a variation of digital objects and content that will be engaging for users: both black and white and color photos, videos, and audio files. Furthermore, we wanted to ensure that our digital materials are of high quality, properly documented, and easy to search and find thus all of our objects are from DPLA and are from usable original sources. This poster will describe our processes for organizational, object selection, building our exhibit, attainment of our goals, and detailed steps of our overall operation. The poster will also include details about the minor issues and bumps that occurred while reaching our final product as well as the team members’ perspectives on the project as a whole including: problems, words to for the wise, and triumphs.