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Difference Blindness vs. Bias Awareness- Why Law Firms with the B

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Difference Blindness vs. Bias Awareness- Why Law Firms with the B

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

Difference Blindness vs. Bias Awareness- Why Law Firms with the B Intentions Have Failed to Create Diverse PartnershipsRussell G. PearceFordham University School of LawEli WaldUniversity of Denver Sturm College of La

wSwethaa s. BallakrishnenStanford University, Harvard Law SchoolFollow this and additional works at: https://ir.lawnetfordham.edu/flr& Part of the Civ Difference Blindness vs. Bias Awareness- Why Law Firms with the B

il Rights and Discrimination Commons, Law and Gender Commons, Law and Race Commons, Law and Society Commons, Legal Profession Commons, and the Sexuali

Difference Blindness vs. Bias Awareness- Why Law Firms with the B

ty and the Law CommonsRecommended CitationRussell G. Pearce, Eli Wald, and Swethaa s. Ballakrishnen, Difference Blindness vs. Bias Awareness: Why Law

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

Difference Blindness vs. Bias Awareness- Why Law Firms with the B dU/flr/vol83/iss5/11This Colloquium is brought to you for free and open access by FLASH' The Fordham Lav/ Archive of Scholarship and History. It has b

een accepted for inclusion in Fordham Lav/ Review by an authorized editor of FLASH. The Fordham Lav/ Archive of Scholarship and History. For more info Difference Blindness vs. Bias Awareness- Why Law Firms with the B

rmation, please contact tmelnick@law.fordham edu.DIFFERENCE BLINDNESS vs. BIAS AWARENESS: WHY LAM FIRMS WITH THE BEST OF INTENTIONS HAVE FAILEDTO CREA

Difference Blindness vs. Bias Awareness- Why Law Firms with the B

TE DIV ERSE PARTNERSHIPSRussell G. Pearce* Ell Wald** & Swerhaa s. Ballakrishnen***This Article uses the example of BigLaw firms to explore the challe

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

Difference Blindness vs. Bias Awareness- Why Law Firms with the B resources, large law firms have been consistently unable to deliver diverse-partnership structures—especially in more senior positions of power. Build

ing on implicit and institutional bias scholarship and on successful approaches described in the organizational behavior literature, w argue that a si Difference Blindness vs. Bias Awareness- Why Law Firms with the B

gnificant barrier to systemic diversity at the law firm partnership level has been, paradoxically, the insistence on difference blindness standards th

Difference Blindness vs. Bias Awareness- Why Law Firms with the B

at seek to evaluate each person on their individual merit While powerful in dismantling intentional discrimination, these standards rely on an assumpt

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

Difference Blindness vs. Bias Awareness- Why Law Firms with the B re establishing the continuing and powerful influence of implicit and institutional bias Accordingly, difference blindness, which holds all lawvers ac

countable to seemingly neutral standards, disproportionately disadvantages diverse populations and normalizes the dominance of certain actors—here, wh Difference Blindness vs. Bias Awareness- Why Law Firms with the B

ite men—by creating the illusion that success or failure depends upon individual rather than structural constraints. In contrast, we argue that a bias

Difference Blindness vs. Bias Awareness- Why Law Firms with the B

awareness approach that encourages identity awareness and a relational framework is a more promising way to promote equality, equity, and inclusion*

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

Difference Blindness vs. Bias Awareness- Why Law Firms with the B ington. Sonia Katyal, and Robin Lenhardt, as well as those from the participants at At' challenge of Equity and Inclusion 111 the Legal Profession: Al

l International and Comparative Perspective Colloquium held at the Fordham University School of Law. For an overview of the colloquium, see Deborah L. Difference Blindness vs. Bias Awareness- Why Law Firms with the B

Rhode. Foreword: Diversity in the Legal Profession: A Comparative Perspective, S3 FORDHAM L. REV. 2241 (2015). Many thanks for their extraordinary as

Difference Blindness vs. Bias Awareness- Why Law Firms with the B

sistance to research assistants Rachaid Kemp and Natasha Dasani, and to Fordham Law School library researcher Larry Abraham and his gifted colleagues•

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

Difference Blindness vs. Bias Awareness- Why Law Firms with the B e (DARE) Fellow, Department of Sociology. Stanford University. Affiliate Research Fellow. Center on the Legal Profession. Harvard Law School24072-108F

ORDHAM LAW REVIEW[Vol. S3Introduction................................................2408I.GOOD INTENTIONS. Failed Strategy.........................24 Difference Blindness vs. Bias Awareness- Why Law Firms with the B

14J. GoodIntentions......................................2415R Token Silt cess combinedwith Substantial Failure.....24201.i he Overrepresentation of W

Difference Blindness vs. Bias Awareness- Why Law Firms with the B

hite Men in Positions ofPower and influence............................24212.The Separate bill Unequal Law Firm Workplace.........2423II.WHY Law Firms

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

Fordham Law ReviewVolume 83 Volume 83Issue 5 Volume 83. Issue 5Article 112015Difference Blindness vs. Bias Awareness: Why Law Firms with the Best of I

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