The only woman in the room: exploring the interaction between institutional, structural, and cultural factors that contribute to the gender gap in multidistrict litigation

Abstract

This dissertation analyzes the persistent disadvantaging of women in multidistrict litigation (MDL) leadership appointments. First, it quantifies the gender gap by examining MDL dockets filed with the United States Judicial Panel on Multidistrict Litigation containing leadership appointments from 2012-2017 to establish the rates of female appointment and their progress throughout the time period. These quantitative findings establish a significant gender gap in MDL leadership appointments, serving as the basis for further exploration of the institutional, cultural, and interpersonal factors that contribute to this discrepancy. In-depth interviews with women MDL practitioners and one federal judge explore their experiences within their firms as well as at the MDL practice level. Utilizing an inequality regime analytical framework, this study analyzes how firm and practice organizational processes, culturally-infused interactions, and institutional influences interact and therefore perpetuate the persistent gender gap in MDL leadership appointments. The findings in this study aim to contribute to the literature about how inequality regimes work as well as more deeply inform future efforts and initiatives for women’s advancement in court-appointed leadership and the legal profession as a whole.