Women in Law School

Female Law School Students Speak Up More in Small Classes and when Professors Use Systematic Methods for Student Participation

Women made up 57.4 percent of the 2021 incoming law school class according to LSAC data. But a new study confirms that they take up much less than half of the speaking time in required first-year lectures. Building on the “Speak Up” studies performed at elite law schools in the early  2000s on women’s participation in law courses, three professors at the University of Virgina— Molly Bishop Shadel, Sophie Trawalter, and J.H. Verkerke—designed three studies to better understand the dynamics at play. They found that while women do participate less than men, given certain conditions, there are structural changes that law professors can implement to promote more balanced classroom discourse. 

The first study was designed to understand the participation disparities between men and women. Using recordings of required first-year courses, Shadel found that the classroom discourse was disproportionately driven by men—62 percent of classroom utterances were attributed to men, while just 38 percent were from women. Men also spoke longer on average (302 seconds) than did women (194 seconds). Notably, the quality of the responses between genders was not significantly different, nor was the confidence displayed when providing the response (measured via use of verbal fillers and “qualified utterances” in the response). Shadel, describing the findings, said, “We saw that when answering cold calls, women spoke just as much as men, and they also spoke just as well and their answers were equally on point. The gender gap appeared when students were allowed to volunteer whether or not to participate.” Additionally, the gender gap occurred in lecture classes and disappeared entirely in classes with 30 or fewer students.

The second study asked students to self-report class participation at four points in time: at orientation, after the first semester, before the second year, and just prior to graduation. Women generally self-reported speaking less in class, however, the responses varied over time. Women reported speaking less in class after their first semester and before their second year. However, at orientation, women expected that they would speak as much as men, and nearer to graduation, they reported speaking as much as men. A disparity between the men and women occurred in the reasons they reported for not speaking. While men were more likely to say they didn’t speak due to a lack of interest in the subject-matter, women reported concerns about the size of the class, classmates’ judgment, or the professor’s personality and perceived supportiveness. Finally, women were also found to be significantly less positive about the Socratic Method than were men across all time periods. And, those students who expressed a greater dislike of the Socratic Method were also less likely to speak in class. 

The third and final study explored the perceived social backlash against class participation. The study authors surveyed the Class of 2021, who were in their third year and were taking courses in-person and online. Survey responses found that men and women reported speaking in similar amounts, and that both gender groups reported a fear of “backlash” after participating. Women reported feeling more backlash from women, and men from men; however, the highest-rated levels of backlash were by women and from women. 

Based upon the study findings, the authors provided recommendations for how law schools and professors might update the classroom environment to promote women’s participation:

  • Reduce the number of large lecture courses and increase the number of smaller class (30 or fewer students) offerings 

  • Rather than relying solely on volunteers, implement a systematic plan for calling on students to speak in class to drive a more diverse range of participation 

  • Reduce reliance on the Socratic method or update the method from cold-calling to letting students know when they will be expected to participate

  • Ensure that there is a clear expectation for all students to participate in classroom discourse to reduce the backlash against students who do

Shadel noted her firm belief that every student can learn to articulate their thoughts confidently and well in a classroom setting if given the opportunity. “You need to be able to take a deep breath and just do it,” she said. “If we are making it hard for students to take that deep breath because we’re putting them in a group of 90 people and putting them on the spot only one time, then I don’t think we’re serving them well.”

Women of Color Report Lower Satisfaction with Law School

Amidst ongoing Black Lives Matter protests in the U.S., a recently released report seeks to understand the experiences of women of color in law school. And it finds that minority women are significantly less likely than white women to be satisfied with their law school experience, at 82 and 89 percent, respectively. Just 30 percent of minority women and 33 percent of minority men report that they are “extremely satisfied” with their experience compared to 39 percent of white women and 44 percent of white men.

The report, titled Women of Color – a Study of Law School Experiences, was released by the Center for Women in Law and the NALP Foundation, and was conceived in response to the underrepresentation and departure of women of color in legal organizations, especially law firms. The sponsoring organizations wanted to explore the possibility that early barriers and imbalances in opportunity for women of color created disadvantages that impacted their careers over time. The study leading up to the report looked at disparities in the law school experience, social and academic, between women of color, white women, white men, and men of color. The survey period ran from 2017 to 2018 and included over 4,000 students from 46 law schools; 773 were women of color which included Asian/Pacific Islander, Black/African-American, and Hispanic/Latina.

Key findings:

  • About one-third of women of color said that they have seriously considered leaving law school (31 percent), while about a quarter of white women, white men, and men of color said the same (24 percent, 22 percent, and 26 percent respectively). Among the minority women who said they considered leaving, most cited “do not enjoy law school” (45 percent), “financial debt” (38 percent), and “not a good fit socially” (35 percent) as the primary reasons.

  • When asked to assess race relations, just 40 percent of women of color rated their law school positively compared to 70 percent of white men, 59 percent of men of color, and 58 percent of white women. Among the women of color, Hispanic/Latina’s ratings were the most positive and 25 percentage points higher than Black/African American women, and 13 percentage points higher than Asian/Pacific Islanders.

  • Fifty-two percent of minority women reported they experienced comments or interactions by students and/or faculty that negatively impacted their academic performance, compared to just 21 percent of white men, 34 percent of minority men, and 41 percent of white women. Women of color were also less likely than white women to say that they frequently felt comfortable raising their hand in class to ask questions.

  • At 71 percent, women of color were the least likely cohort to report having discussions with professors about their career plans and future goals, which was six percentage points below white women who were the most likely to engage in such discussions. However, 85 percent of women of color reported meeting one-one-one with professors to discuss coursework or grades.

  • Similar numbers of students across demographics said that they expected to practice law after graduation: women of color (90 percent), white men (89 percent), white women (88 percent), and men of color (87 percent).

NALP Foundation President Fiona Trevelyan Hornblower, via Bloomberg law, said that law schools, “can use this data to intervene and develop strategies to support students, to advance their success, both in law school and beyond.”