In recent years, the legal profession has increasingly prioritized diversity in law firm hiring and litigation leadership, driven by demands from corporate clients, alumni, and judges. Efforts to increase the representation of women and non-white lawyers have become so integral that they are now reflected in proposed formal rules, such as the FRCP 16.1, which would require judges to consider identity characteristics when selecting leadership teams for multidistrict litigation (MDL). This potential codification raises important questions about the legality and implications of identity-based preferences in the legal profession. How should client preferences for diversity be balanced with Title VII commitments, and what role should diversity of background play in law firm hiring and the selection of MDL legal teams? This panel will explore these issues, examining both the legal and policy arguments surrounding identity-based preferencing in legal employment.
Featuring:
Dean andré douglas pond cummings, Dean and Professor of Law, Widener University Commonwealth Law School
Prof. Darrell D. Jackson, Winston Howard Distinguished Professor of Law, University of Wyoming College of Law
Mr. Roger Severino, Vice President, Domestic Policy & The Joseph C. and Elizabeth A. Anderlik Fellow, The Heritage Foundation
Ms. Tobi Young, Senior Vice President Legal & Chief Corporate Affairs Officer, Cognizant; Board of Directors, Halliburton
Moderator: Hon. Patrick J. Bumatay, Judge, United States Court of Appeals, Ninth Circuit