Current Issue

  • Volume 25,
  • Number 1 -
  • Fall 2017


Cultural Competency in a Post-Model Rule 8.4(G) World
Latonia Haney Keith

The FBI’s Fitness Tests and Title VII—Does Gender Equality Require Lowering Standards?
Dylan Tucker

Advancing Faculty Diversity
Through Self-Directed Mentoring

Yvonne M. Dutton, Margaret Ryznar & Lea Shaver

Mentoring is widely acknowledged to be important in career success, yet may be lacking for female and minority law professors, contributing to disparities in retention and promotion of diverse faculty. This Article presents the results of a unique diversity mentoring program conducted at one law school. Mentoring is often thought of as something directed by the mentor on behalf of the protégé. Our framework inverts that model, empowering diverse faculty members to proactively cultivate their own networks of research mentors. The studied intervention consisted of modest programming on mentorship, along with supplemental travel funds to focus specifically on travel for the purpose of cultivating mentors beyond one’s own institution. Participants were responsible for setting their own mentorship goals, approaching mentors and arranging meetings, and reporting annually on their activities and progress. Both quantitative and qualitative evidence demonstrate that the program has been effective along its measurable goals in its first year. Participants report growing their networks of mentors, receiving significant advice on research and the tenure process, and being sponsored for new opportunities. The authors conclude that this type of mentoring initiative, if more broadly applied, could have a significant impact on reducing disparities in retention and promotion in the legal academy. To facilitate such replication, the Article describes both the process of designing the program and the actual operation of the program as carried out at one school. In sum, the Article offers a concrete starting point for discussions at any law school interested in advancing faculty diversity through improved mentoring.

Undue Sacrifice: How Female Sexual Assault Victims Fight the Military While Fighting in the Military
Russell Spivak

Over the last century, women have fought for the right to serve their nation in the exact same way men have: in uniform. Women have indeed made enormous strides toward serving in equal measure to their male counterparts. But women are still too often perceived and treated as second-class citizens, inhibiting a genuine realization of their equality in the armed forces. This is exhibited, if not reinforced, by the prevalence of women’s sexual assault while serving their country and the insufficient prosecution thereof. By diagnosing and remedying the insufficiencies in the military justice system’s legal regime governing the prosecution of military sexual assault as well as victim’s insufficient means of redress in civilian courts, we may be able to secure more prosecutions of attackers. This article looks to address this problem. It begins with a background on women’s growing participation in the military, both in how far women have come and what is left to achieve. Section II examines the specific problem of military sexual assault, including its prevalence, impact on the military at large, and the inadequate prosecution process. Section III looks at strategies, both enacted and untaken, to eradicate these underlying causes. Section IV discusses how to change the system to allow victims a realistic shot at pursuing and attaining justice. Section V details a recent case that may open the floodgates for female victims to assert their rights in federal courts, Doe v. Hagenbeck. The article concludes with a recap of the substantive points made as well as a few final thoughts.


A Call to Arms: The Department of Defense’s Egg Freezing Benefit Summons Increased Reporting Regulations
Gloria Y. Liu