Deborah L - Stanford Law School
Deborah L. Rhode
Stanford Law School
559 Nathan Abbott Way
Stanford, CA 94305
(650) 723-0319
rhode@stanford.edu
Personal
Married: Husband, Ralph C. Cavanagh, Attorney, Natural Resources Defense Council, San Francisco.
Education
Yale University, B.A. in Political Science, Summa Cum Laude, 1974
▪ Phi Beta Kappa
▪ President, Yale Varsity Debate Association, 1973-74
▪ Member, Yale Varsity Tennis Team, 1970-73
Yale Law School, J.D., 1977
▪ Editor, Yale Law Journal, 1976-77
▪ Director, Moot Court Board, 1976-77
▪ Peres Prize (awarded by faculty) and Egger Prize (awarded by student editors) for the Outstanding Student Contribution to the Yale Law Journal
Employment
Stanford Law School, Present
▪ Ernest W. McFarland Professor of Law
(Principal subjects: Professional responsibility, the legal profession, leadership, and
gender, law, and public policy)
▪ Founding Director, Center on the Legal Profession
Stanford University, Director, Program on Social Entrepreneurship, 2012 -2019 Founding Director, Center on Ethics, 2003-2008; Director, Institute for Research on Women and Gender, 1986-1990.
Yale Law School, Visiting Professor of Law, September 2013-December 2013;
Columbia Law School, Visiting Professor of Law, September 2009-December 2009.
Harvard University, Visiting Fellow, Center for Public Leadership, John F. Kennedy School of Government, October 2003.
Fordham Law School, Bacon-Kilkenny Distinguished Visiting Professor of Law, September 2001-December 2001.
Yale Law School and New York University Law School, Visiting Professor of Law, September 1999-December 1999.
National Law Journal, Columnist, 1995-2011.
United States House of Representatives, Senior Investigative Counsel, Minority Staff, Committee on the Judiciary, September 1998-December 1998.
New York University Law School, Visiting Professor of Law, September 1995-December 1995.
Columbia University Law School, and New York University Law School, Visiting Professor, September 1993-December 1993.
University of California, Berkeley, Chancellor's Distinguished Lecturer, Law School, February-March 1987.
Harvard Law School, Visiting Professor, 1984-85.
Stanford University, Associate Professor of Law, 1979-84.
Supreme Court of the United States, Law Clerk, Justice Thurgood Marshall, 1978-79.
U.S. Court of Appeals for the Second Circuit, Law Clerk, Hon. Murray I. Gurfein, 1977-78.
Yale University, Director, Debate and Public Speaking, 1976-77.
Selected Professional Organizations and Appointments
Section on Leadership of the Association of American Law Schools, founding chair, 2018-2019.
Legal Momentum, Vice Chair, Board of Directors, 2002-present.
(formerly NOW Legal Defense Fund).
Stanford Women’s Faculty Forum, Co-Chair, 2003-2020.
American Academy of Arts and Sciences, Member, 2009-present.
Stanford University, Chair, Panel on Gender Equity and Quality of Life, 2004-2010.
Stanford Law School, Chair, Committee on Pro Bono and Public Interest Law, 2003-2006.
American Bar Association, Chair, Commission on Women in the Profession, 2000-2002.
Equal Rights Advocates, Member, Board of Directors, 1997-2000.
Phi Beta Kappa, Visiting Scholar, 1999-2000.
Open Society Institute, Member, Legal Advisory Task Force, 1997-1999.
Association of American Law Schools, Member, Executive Committee, 1994-1999.
Association of American Law Schools, President, 1998.
Yale University, Member of Yale Corporation, governing body of Yale University, 1983-89.
National Council for Research on Women, Member, Board of Directors, 1986-91,
California State Bar, Co-Chair, Attorney-Client Commission, 1988-89.
American Bar Association, Co-Chair, Committee on Professional Responsibility, Section on Litigation, 1987-88.
American Association of Law Schools, Chair, Section on Professional Responsibility, 1985-86.
American Civil Liberties Union, Co-operating Attorney, 1982-86.
Stanford Public Interest Law Foundation, Member, Board of Directors, 1981-83.
Member of the Bar: California; District of Columbia.
Honors and Awards
Most Frequently Cited Scholar in Legal Ethics, Leiter rankings.
American Bar Foundation Distinguished Scholar Award, 2014
White House Champion of Change for a lifetime’s work on access to justice.
American Bar Association, Michael Franck Award, for contributions to the field of professional responsibility, 2006.
Association of American Law Schools, Section on Pro Bono and Public Service, First Annual Deborah L. Rhode Pro Bono Award, 2000.
American Bar Association, Pro Bono Publico Award, for efforts to expand public service opportunities in law schools, 1999.
American Bar Foundation, W. M. Keck Foundation Award for distinguished scholarship on legal ethics and professional responsibility, 1999.
National Women(s Political Caucus and Radcliffe College, Exceptional Merit Media Award (EMMA), for columns in the National Law Journal, 1997 and 1998.
Selected Books
Character: What it Means and Why it Matters (Oxford University Press, 2019).
Cheating: Ethics and Law in Everyday Life (Oxford University Press, 2017).
Women and Leadership (Oxford University Press, 2016)
Adultery: Infidelity and the Law (Harvard University Press, 2016)
The Trouble with Lawyers (Oxford University Press, 2015)
What Women Want: An Agenda for the Women’s Movement (Oxford University Press, 2014).
Lawyers as Leaders (Oxford University Press, 2013)
Gender and Law: Theory, Doctrine, and Commentary (with Katharine T. Bartlett and Joanna L. Grossman, Wolters Kluwer, 7th ed. 2017).
Legal Ethics (with David Luban and Scott Cummings, Foundation Press, 6th Ed. 2013).
Leadership: Law, Policy, and Management (with Amanda Packel, Wolters Kluwer, 2011).
The Beauty Bias: The Injustice of Appearance in Everyday Life (Oxford University Press, 2010).
Gender Law and Policy (with Katherine Bartlett, Wolters Kluwer, 2010).
Women and Leadership: The State of Play and Strategies for Change (with Barbara Kellerman, ed. Jossey-Bass, 2007).
Professional Responsibility and Regulation (with Geoffrey Hazard, Jr., Foundation Press, 2d ed. 2007).
In Pursuit of Knowledge: Scholars, Status, and Academic Culture (Stanford University Press, 2006).
Moral Leadership; The Theory and Practice of Power, Judgment, and Policy (Jossey Bass, 2006).
Legal Ethics: Law Stories (with David Luban, Foundation Press, 2006).
Pro Bono in Principle and in Practice: Public Service and the Profession (Stanford University Press, 2005).
Brown at Fifty: The Unfinished Legacy (American Bar Association, 2004) (ed. with Charles J. Ogletree, Jr.).
Access to Justice (Oxford University Press, 2004).
The Difference Difference Makes: Women and Leadership, editor (Stanford University Press, 2003).
In the Interests of Justice (Oxford University Press, 2000).
Ethics in Practice, editor (Oxford University Press, 2000).
Professional Responsibility: Ethics by the Pervasive Method (Aspen, 2d ed., 1998).
Speaking of Sex (Harvard University Press, 1997).
Sex Discrimination and the Law, with Barbara Allen Babcock, Ann E. Freedman, Susan Deller Ross, Wendy Webster Williams, Rhonda Copelon, Nadine H. Taub (Little, Brown & Co., 1996).
The Politics of Pregnancy: Adolescent Sexuality and Public Policy, Editor, with Annette Lawson (Yale University Press, 1993).
The Legal Profession: Responsibility and Regulation, with Geoffrey Hazard (Foundation Press,
3rd ed., 1993).
Theoretical Perspectives on Sexual Difference, Editor (Yale University Press, 1990).
Justice and Gender (Harvard University Press, 1989).
Selected Articles and Reports
“Corporate Pro Bono,” with Luca Ricca and Michael Winn, 16 Stanford Journal of Civil Rights & Civil Liberties 315 (2020).
“Lessons from Iconic Leaders: Thurgood Marshall and Nelson Mandela,” 48 Hofstra Law Review 705 (2020).
“Leadership Lessons From a Heroic, If “Difficult” Woman: A Tribute to Ida B. Wells, 14 Tennessee Journal of Law and Policy 464 (2020).
“Character in Criminal Justice Proceedings: Rethinking its Role in Rules Governing Evidence, Punishment, Prosecutors, and Parole, 45 American Journal of Criminal Law 353 (2019).
“Access to Justice and Routine Legal Services: New Technologies Meet Bar Regulators,” with Benjamin H. Barton, 70 Hastings Law Review 955 (2019).
“Preparing Leaders: The Evolution of a Field and the Stresses of Leadership, 58 Santa Clara Law Review 411 (2019).
“International Legal Ethics: The Evolution of a Field,” 42 Fordham International Law Journal 1 (2018).
“Virtue and the Law: The Good Moral Character Requirement in Occupational Licensing, Bar Regulation and Immigration Proceedings,” 43 Law and Social Inquiry 1027 (2018).
“Rethinking Self-Regulation: Antitrust Perspectives on Bar Governance Activity,” with Benjamin H. Barton, 20 Chapman Law Review 267 (2017).
“Leadership in Law,” 69 Stanford Law Review 1603 (2017).
“Access to Justice in Puerto Rico,” 86 Revista Jurídica de la Universidad de Puerto Rico 818 (2017).
“Understanding Your Legal Options If You’ve Been Sexually Harassed,” with Joanna L. Grossman, Harvard Business Review, June 22, 2017.
“Access to Justice: Looking Back, Thinking Ahead,” with Scott Cummings, 30 Georgetown Journal of Legal Ethics 485 (2017).
“Reproductive Justice, 13 Stanford Journal of Civil Rights and Civil Liberties 29 (2017).
“Women at the Top: The Pipeline as Pipedream (with Barbara Kellerman), 21 About Campus (2017).
“Gender Stereotypes and Unconscious Bias,” in Handbook of Research on Gender and Leadership, edited by Susan R. Madsen (Edward Elgar Publishing, 2017).
“How Unusual is the Roger Ailes Sexual Harassment Case?,” Harvard Business Review, August 20, 2016.
“Professional Integrity and Professional Regulation: Nonlawyer Practice and Nonlawyer Investment in Law Firms,” 39 Hastings International and Comparative Law Review 111 (2016).
“Leadership Lessons,” 83 Tennessee Law Review 713 (2016).
“How to Regulate Legal Services to Promote Access, Innovation, and the Quality of Lawyering,” with Gillian K. Hadfield, 67 Hastings Law Journal 1191 (2016) (symposium).
“What We Know and Need to Know About the Delivery of Legal Services by Nonlawyers, 67 South Carolina Law Review 429 (2016).
“Rape on Campus and in the Military: An Agenda for Reform,” 23 University of California at Los Angeles Women’s Law Journal 1 (2016).
“Appearance as a Feminist Issue,” in Body Aesthetics, edited by Sherri Irvine (Oxford University Press, 2016), and in 69 Southern Methodist University Law Review 697 (2016).
“Johnson v. Transportation Agency,” in Feminist Judgments: Rewritten Opinions of the United States Supreme Court, edited by Kahtryn M. Stanchi, Linda L. Berger, and Bridget Crawford (Cambridge University Press, 2016).
“Teaching Leadership,” in Building on Best Practices: Transforming Legal Education in a Changing World, edited by Deborah Maranville, Lisa Radtke Bliss, Carolyn Wilkes Kaas and Antoinette Sedillo Lopez (Lexis Nexis, 2015).
“Obesity and Public Policy: A Roadmap for Reform,” 22 Virginia Journal of Social Policy and the Law 491(2015).
“Adultery: An Agenda for Legal Reform,” 11 Stanford Journal of Civil Rights and Civil Liberties 179 (2015).
“Foreword: Diversity in the Legal Profession: A Comparative Perspective,” 83 Fordham Law Review 2241 (2015) (colloquium).
“Diversity in the Legal Profession: Perspectives from Managing Partners and General Counsel,” (with Lucy Buford Ricca) 83 Fordham Law Review 2483 (2015) (symposium).
“Watching the Muffins—The Temple Church Sermon,” 17 Legal Ethics 430 (2014).
“Diversity and Gender Equity in Legal Practice,” 82 University of Cincinnati Law Review 871 (2014).
“Access to Justice: A Roadmap for Reform,” 41 Fordham Urban Law Journal 1227 (2014).
“Diversity on Corporate Boards: How Much Difference Does Difference Make,” with Amanda K. Packel, 39 Delaware Journal of Corporate Law 377 (2014).
“Protecting the Profession or the Public? Rethinking Unauthorized Practice Enforcement,” (with Lucy Buford Ricca) 82 Fordham Law Review 2587 (2014) (symposium).
“Revisiting MCLE: Is Compulsory Passive Learning Building Better Lawyers,” with Lucy Buford Ricca, 22(2) Professional Lawyer 2 (2014).
“Editorial,” with Reid Mortensen and Hilary Sommerlad, 16 Legal Ethics iii (2013).
“Reforming American Legal Education and Legal Practice: Rethinking Licensing Structures and the Role of Nonlawyers in Delivering and Financing Legal Services, 16 Legal Ethics 243 (2013).
“Access to Justice: An Agenda for Legal Education and Research,” 62 Journal of Legal Education 531 (2013) (symposium).
“Legal Education: Rethinking the Problem, Reimagining the Reforms,” 40 Pepperdine Law Review 437 (2013).
“Foreword: The Future of the Legal Profession,” 24(2) Stanford Law & Policy Review i (2013) (symposium).
“Women and the Path to Leadership,” 2012 Michigan State Law Review 1439 (2012).
“Thurgood Marshall and His Clerks” in In Chambers: Stories of Supreme Court Law Clerks and Their Justices, edited by Todd C. Peppers and Artemus Ward (University of Virginia Press, 2012).
“Developing Leadership,” 52 Santa Clara Law Review 689 (2012) (symposium).
“Litigating Discrimination: Lessons from the Front Lines,” 20 Journal of Law and Policy 325 (2012).
“Legal Ethics: Prime Time and Real Time,” 1 Berkeley Journal of Entertainment and Sports Law 113 (2012) (symposium).
“Foreword, 2011,” in Women in Law, authored by Cynthia Fuchs Epstein (Quid Pro Books, 2012).
“Comparative Perspectives on Lawyer Regulation: An Agenda for Reform in the United States and Canada,” with Alice Woolley, 80 Fordham Law Review 2761 (2012) (symposium).
“From Platitudes to Priorities: Diversity and Gender Equity in Law Firms, 24 Georgetown Journal of Legal Ethics 1041 (2011).
“Professional Regulation and Public Service: An Unfinished Agenda” in The Paradox of Professionalism: Lawyers and the Possibility of Justice, edited by Scott Cummings (Cambridge University Press, 2011).
“What Lawyers Lack: Leadership,” 9 University of St. Thomas Law Journal 471 (2011).
“Senior Lawyers Serving Public Interests: Pro Bono and Second-Stage Careers,” 21 Professional Lawyer 1 (2011).
“Personal Integrity and Professional Ethics,” in Reaffirming Legal Ethics: Taking Stock and New Ideas, edited by Kieran Tranter, Francesca Bartlett, Lillian Corbin, Reid Mortenson, and Michael Robertson (Routledge, 2010).
“Lawyers and Leadership,” 20 Professional Lawyer 1 (2010).
“Life in a University,” in The Woman Advocate, edited by Abbe F. Feltman and Evelyn R. Storch (American Bar Association, Section of Litigation, 2010).
“Lawyers as Leaders,” 2010 Michigan State Law Review 413 (2010).
“Managing Pro Bono: Doing Well By Doing Better,” with Scott Cummings, 78 Fordham Law Review 2357 (2010) (symposium).
“Invitation to Join the Newly Formed International Association of Legal Ethics,” 13(2) Legal Ethics ix (2010).
“Craig v. Boren, 429 U.S. 190 (1976),” in Encyclopedia of the Supreme Court of the United States, edited by David S. Tanenhaus (Gale Cengage Learning, 2009).
“Rethinking the Public in Lawyers’ Public Service: Pro Bono, Strategic Philanthropy, and the Bottom Line, 77 Fordham Law Review 1435 (2009) (symposium).
“The Injustice of Appearance,” 61 Stanford Law Review 1033 (2009).
“Lawyers as Citizens,” 50 William and Mary Law Review 1323 (2009).
“Ethics and Nonprofits,” with Amanda K. Packel, 7(3) Stanford Social Innovation Review 28 (2009).
“Whatever Happened to Access to Justice?,” 42 Loyola of Los Angeles Law Review 869 (2009) (symposium).
“Public Interest Litigation: Insights from Theory and Practice,” 36 Fordham Urban Law Journal 603 (2009).
“Aspirations to Equality Have Outpaced Achievements,” 17(1) Perspectives 11 (2008).
“Legal Ethics in Legal Education,” 16 Clinical Law Review 43 (2009).
“Public Interest Law: The Movement at Midlife,” 60 Stanford Law Review 2027 (2008).
“Ethics and Nonprofits,” with Amanda K. Packel, 7(3) Stanford Social Innovation Review 28 (2009).
“Whatever Happened to Access to Justice?,” 42 Loyola of Los Angeles Law Review 869 (2009) (symposium).
“Public Interest Litigation: Insights from Theory and Practice,” 36 Fordham Urban Law Journal 603 (2009).
“Aspirations to Equality Have Outpaced Achievements,” 17(1) Perspectives 11 (2008).
“Foreword: Personal Satisfaction in Professional Practice,” 58 Syracuse Law Review 217 (2008) (symposium).
“Access to Justice in the United States: Narrowing the Gap between Principle and Practice” in The State of Access: Success and Failure of Democracies to Create Equal Opportunities, edited by Jorrit de Jong and Gowher Rizvi (Brookings Institution Press, 2008).
“Politics and Pregnancy: Adolescent Mothers and Public Policy,” in The Reproductive Rights Reader: Law, Medicine, and the Construction of Motherhood, edited by Nancy Ehrenrelch (New York University Press, 2008).
“Environmental Values and Behaviors: Strategies to Encourage Public Support for Initiatives to Combat Global Warming,” with Lee Ross, 26 Virginia Environmental Law Journal 161 (2008).
“The Subtle Side of Sexism,” 16 Columbia Journal of Gender and Law 613 (2007) (symposium).
“Social Research and Social Change: Meeting the Challenge of Gender Inequality and Sexual Abuse,” 30 Harvard Journal of Law and Gender 11 (2007) (symposium).
“Legal Perspectives on Employment Discrimination,” with Joan Williams, in Sex Discrimination in the Workplace, edited by Faye J. Crosby, Margaret S. Stockdale, S. Ann Ropp (Blackwell Publishing, 2007).
“Teaching Legal Ethics, 51 Saint Louis Law Review 1043 (2007) (symposium).
“Moral Counseling,” 75 Fordham Law Review 101 (2006) (symposium).
The Professional Ethics of Professors, 56 Journal of Legal Education 70 (2006).
(Legal Ethics in an Adversary System: The Persistent Questions,( 34 Hofstra Law Review 641 (2006) (symposium).
(Profits and Professionalism,( 33 Fordham Urban Law Journal 49, (2005) (symposium).
(Lawyers, Ethics and Enron, with Paul D. Paton, in Enron: Corporate Fiascos and Their Implications (Nancy B. Rapoport and Bala G. Dharan, editors, Foundation Press, 2004).
(Sex in Schools: Who’s Minding the Adults?, in Directions in Sexual Harassment Law, edited by Catherine A. MacKinnon and Reva B. Siegel (Yale University Press, 2004).
(Access to Justice: Connecting Principles to Practice,( 17 Georgetown Journal of Legal Ethics 369 (2004).
(Defining the Challenges of Professionalism: Access to Law and Accountability of Lawyers,( 54 South Carolina Law Review 889-895 (2003) (symposium).
(In the Interests of Justice: A Comparative Perspective on Access to Legal Services and Accountability of the Legal Profession,( 56 Current Legal Problems 93 (2003).
(Pro Bono in Principle and Practice,( 53 Journal of Legal Education 413 (2003).
(If Integrity Is the Answer, What Is the Question?( 72 Fordham Law Review 333 (2003) (symposium).
(Midcourse Corrections: Women in Legal Education,( 53 Journal of Legal Education 475 (2003) (symposium).
(Equal Justice Under Law: Connecting Principle to Practice,( 12 Washington University Journal of Law and Policy 47 (2003) (symposium).
(Lawyers, Ethics, and Enron,( with Paul Paton, 8 Stanford Journal of Law, Business and Finance 9 (2002) (Symposium on Enron).
(Legal Scholarship,( 115 Harvard Law Review 1327 (2002) (symposium).
(Gender and the Profession: The No Problem Problem,( 30 Hofstra Law Review 1001 (2002) (symposium).
(The Profession and the Public Interest( Stanford Law Review (2002) (symposium on In the Interests of Justice).
(Balanced Lives,( 102 Columbia Law Review 2002 (symposium).
(Balanced Lives for Lawyers,( 70 Fordham Law Review 2207 (2002) (symposium).
(Law, Lawyers, and the Pursuit of Justice,( 70 Fordham Law Review 1543 (2002) (symposium).
(Balanced Lives: Changing the Culture of Legal Practice( (2002) (Report prepared for the ABA Commission on Women in the Profession).
(Sex-Based Harassment: Workplace Policies for the Legal Profession( (2003) (Report prepared for ABA Commission on Women in the Profession).
(The Unfinished Agenda: Women and the Legal Profession( (2001) (Report prepared for the ABA Commission on Women in the Profession).
(The Professional Responsibilities of Professors,( 51 Journal of Legal Education 158 (2001) (symposium).
(Balanced Lives: Changing The Culture of Legal Practice( (2001) (Report prepared for the ABA Commission on Women in the Profession).
(Legal Education: Professional Interests and Public Values,( 34 Indiana Law Review 23 (2000) (symposium).
(Conflicts of Commitment: Legal Ethics in the Impeachment Context,( 52 Stanford Law Review 269 (2000).
(The Professional Responsibility of Professional Schools,( 49 Journal of Legal Education 24 (1999) (symposium).
(Cultures of Commitment: Pro Bono for Lawyers and Law Students,( 67 Fordham Law Review 2415 (1999) (symposium).
(A Bad Press on Bad Lawyers: The Media Sees Research, Research Sees the Media,( in Patricia Ewick, Robert A. Kagan, Austin Sarat, eds. Social Science, Social Policy, and the Law (Russell Sage Foundation 1999).
(Too Much Law, Too Much Justice: Too Much Rhetoric, Too Little Reform,( 11 Georgetown Journal of Legal Ethics, 989 (1998) (symposium).
(Annotated Bibliography of Educational Materials on Legal Ethics,( 11 The Georgetown Journal of Legal Ethics 1029 (1998).
(The Professionalism Problem,( 39 William and Mary Law Review 283 (1998) (symposium).
(The Professional Responsibilities of Professional Schools: Pervasive Ethics in Perspective,( in American Bar Association, Teaching and Learning Professionalism: Symposium Proceedings (1997).
(Whistling Vivaldi: Legal Education and the Politics of Progress,( 23 New York Review of Law and Social Change 217 (1997).
"Myths of Meritocracy," 65 Fordham Law Review 585 (1996) (symposium).
"Professionalism in Perspective: Alternative Approaches to Nonlawyer Practice," 22 New York Review of Law and Social Change 701 (1996).
"Into the Valley of Ethics: Professional Responsibility and Educational Reform," 58 Law and Contemporary Problems 139 (1995) (symposium).
"Media Images, Feminist Issues," 20 SIGNS 685 (1995).
"Feminism and the State," 107 Harvard Law Review 1181 (1994) (symposium).
"Gender and Professional Roles," 63 Fordham Law Review 39 (1994) (symposium).
"Institutionalizing Ethics," 44 Case Western Law Review 663 (1994) (symposium).
"Missing Questions: Feminist Perspectives on Legal Education," 45 Stanford Law Review 1547
(1993).
"Sex Discrimination," World Book Encyclopedia (1993).
"Professional Ethics and Professional Education," 1 Professional Ethics Journal 31 (1992).
"Letting the Law Catch Up," 44 Stanford Law Review 1259 (1992) (symposium).
"Ethics by the Pervasive Method," 42 Journal of Legal Education 31 (1992).
"Sexual Harassment," 65 Southern California Law Review 1459 (1992) (symposium).
"An Adversarial Exchange on Adversarial Ethics: Text, Subtext, and Context," 41 Journal of Legal Education 29 (1991) (symposium).
"The No-Problem Problem: Feminist Challenges and Cultural Change," 100 Yale Law Journal 1731 (1991).
"Women's Rights and Social Wrongs," 14 Harvard Journal of Law & Public Policy 13 (1991).
"The Delivery of Legal Services by Non-Lawyers," 4 Georgetown Journal of Legal Ethics 209 (1990).
"Feminist Critical Theories," 42 Stanford Law Review 617 (1990).
"Reforming the Questions: Questioning the Reforms: Feminist Perspectives on Divorce Reform," with Martha Minow, in Divorce Reform at the Crossroads, Herma Hill Kay and Stephen S. Sugarman eds., (Yale University Press, 1990).
"Gender Difference and Gender Disadvantage," in Naomi B. Lynn ed., Women, Politics and the
Constitution (1990) and in 10 Women and Politics 21 (1990).
"Gender Equality and Employment Policy”, in The American Woman Sara E. Rix ed., for the Women's Research Institute (1990).
"The Equal Rights Amendment" and "The Nineteenth Amendment," in, Civil Rights and Equality: Selections from the Encyclopedia of the American Constitution, Leonard W. Levy, Kenneth L. Karst, and Dennis J. Mahony eds. (1989).
"Equal Protection: Gender and Justice," in, Judging the Constitution: Critical Essays on Judicial Lawmaking, Michael McCann and Gerald Houseman eds. (Scott, Foresman, and Co., 1989).
"Occupational Inequality," 1988 Duke Law Journal 1207.
"Perspectives on Professional Women," 40 Stanford Law Review 1163 (1988) (symposium).
"The Woman's Point of View," 38 Journal of Legal Education 39 (1988) (symposium).
"Gender Equality and Constitutional Traditions," in, America in Theory, Leslie Cohen Berlowitz, Denis Donoghue, and Louis Menand eds (Oxford University Press, 1988).
"Constitutional Celebrations: The View from the Margins," in Blessings of Liberty: The Constitution and the Practice of Law 29 (American Law Institute-American Bar Association Committee on Continuing Professional Education, 1988).
"Moral Character: The Personal and the Political," 20 Loyola Law Journal 1 (1988).
(Gender and Jurisprudence," 56 University of Cincinnati Law Review 521 (1987) (symposium).
"Feminist Perspectives on Legal Ideology," in What is Feminism?, Ann Oakley and Juliet Mitchell eds. (Oxford: Basil Blackwell Press, 1986).
"Justice, Gender, and the Justices," in., Women, the Courts, and Equality, Laura Crites and Winifred Hepperle eds (Sage Yearbooks in Women's Policy Studies, 1986).
"Association and Assimilation," 81 Northwestern Law Review 106 (1986) (symposium).
"Solicitation," 36 Journal of Legal Education 317 (1986).
"The Rhetoric of Professional Reform," 45 Maryland Law Review (1986) (Stuart Rome Lecture).
(Moral Character as a Professional Credential" 94 Yale Law Journal 491 (1985).
"Ethical Perspectives on Legal Practice," 37 Stanford Law Review 589 (1985).
"Equal Rights in Retrospect," 1 Journal of Law and Inequality 1 (1983).
(Class Conflicts in Class Actions," 34 Stanford Law Review 1183 (1982).
"Conflicts of Interest in Educational Reform Litigation," in School Days, Rule Days, David L. Kirp and Donald R. Jensen eds. (1985), and 92 American Journal of Education 440 (1984).
"Policing the Professional Monopoly: A Constitutional and Empirical Analysis of Unauthorized Practice Prohibitions," 34 Stanford Law Review 1 (1981).
"Why the ABA Bothers: A Functional Perspective on Professional Codes," 59 Texas Law Review 689 (1981) (symposium).
"The Unauthorized Practice of Law and Pro Se Divorce: An Empirical Analysis," with Ralph C. Cavanagh 86 Yale Law Journal 104-184 (1976).
Selected Non-Scholarly Publications
“It’s Time to Consider Sanctions for Trump’s Legal Team,” with Scott L. Cummings, Nora Freeman Engstrom, and David Luban, Slate, November 23, 2020.
“The Most Important Woman Lawyer in the History of the Republic: How did Ruther Bader Ginsburg Change America? More than 20 Legal Thinkers Weigh In.,” Politico Magazine, September 18, 2020.
“Is Brett Kavanaugh Damaged Goods?,” Politico Magazine, October 6, 2018.
“Supreme Fiasco: Did the Kavanaugh Drama Just Break the Senate?,” Politico Magazine, September 28, 2018.
“Why Do People Lie? The Reason Athletes Cheat, Donald Trump Avoids Taxes, and VW Fiddled Its Vehicle Emissions, Mirror (United Kingdom), January 16, 2018.
“When Is Lying or Cheating Justifiable?,” Big Think, December 1, 2017.
“David Boies’s Egregious Involvement with Harvey Weinstein,” New York Times, November 9, 2017.
“Remembering Justice Thurgood Marshall,” San Francisco Chronicle, October 2, 2017.
“Six of the Worst Cuts in Trump’s Budget,” Washington Post, May 26, 2017.
“Politics, Law and Women’s Health,” The Daily Journal, March 31, 2017.
“No Time for Diversity Fatigue at Women and Law Hackathon, with Lucy Buford Ricca and Anna Jaffe, National Law Journal, July 4, 2016.
“Why is Adultery Still a Crime?,” Los Angeles Times, May 2, 2016.
“Gender Bias Unchecked in Venture Capital Firms,” National Law Journal, March 17, 2015.
“We Have a Problem with Lawyers: This is How We Fix Law School and the Legal Profession,” , June 7, 2015.
“Law is the Least Diverse Profession in the Nation. And Lawyers Aren’t Doing Enough to Change That,” The Washington Post (weblog post), May 27, 2015.
“Gender Bias Unchecked in Venture Capital Firms,” National Law Journal, March 17, 2015.
“Notable & Quotable: On Lawyers,” with Lucy Buford Ricca, Wall Street Journal (Online), September 26, 2014.
“Hooters Hires Based on Looks. So Do Many Companies. And There’s No Law Against It,” New Republic, August 30, 2014.
“The Terrible War on Pregnant Drug Users,” New Republic, July 17, 2014.
“A Choice, Not a Requirement,” The New York Times, November 3, 2013.
“Judges Have a First Amendment Right, Too,” The New York Times (weblog post), November 3, 2013.
“Why Lawyers Become Bad Leaders,” Chronicle of Higher Education, September 20, 2013.
“The ‘Having It All’ Debate: We’ve Heard It All Before,” National Law Journal, August 6, 2012.
“King & Spalding Was Right to Withdraw,” National Law Journal, May 3, 2011.
“Ethical Oversight for the Justices,” National Law Journal, March 14, 2011.
“Legal Ethics on a Global Scale,” National Law Journal, September 20, 2010.
“Looks: The Next Chapter in Civil Rights,” The Boston Globe, August 8, 2010.
“Pro Bono: Quantity Over Quality?,” National Law Journal, July 19, 2010.
“Why Looks Are the Last Bastion of Discrimination,” The Washington Post, May 23, 2010.
“Pro Bono: Quantity Over Quality?,” National Law Journal, July 19, 2010.
“For Whose Good?,” American Lawyer, July 1, 2009.
“In a ‘Different’ Voice,” Slate, June 10, 2009.
“The Palin Punditry,” National Law Journal, September 15, 2008.
“Appearance Issues,” National Law Journal, August 13, 2007.
“Midlife Crisis for Title IX,” San Francisco Chronicle, June 24, 2007.
“Subtle Sexism Exists,” National Law Journal, January 18, 2007.
“Opening the Courthouse,” American Lawyer, December, 2004.
(Terrorists and Their Lawyers,( New York Times, April 16, 2002.
(Step, Wince, Step, Wince,( New York Times, October 18, 2000.
(Squeezing the Public Good,( ABA Journal, November 2000.
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