September 21, 2010 - Latest Issue - McGill University

NATAI
SHELSEN
L a w I V
UNCOVERING THE GENDERED
EXPERIENCE OF LAW SCHOOL
As some of you may remember, last semester I undertook a research
project about the gendered experience of law school. Within
the context of this research, I interviewed 26 female and male
students and surveyed 127 others about their experiences in the
Faculty. As I will elaborate over the coming weeks, gender continues
to play a critical role in the way students experience law
school. Despite the numerical equality enjoyed by McGill Law students,
many female students continue to face subtle yet disturbing
instances of gender discrimination on a regular basis.
I hope this column will not only inform our community about the
continued reality of gender inequity, but will also create an opportunity
for discussion about gender inequities in legal education, a
topic which seems to have lost its appeal as-of-late. While my results
are troubling and, without a doubt, controversial, talking
about them openly is an important first step in remedying the inequities
that continue to exist within these “hallowed halls”.
Before getting into the nitty gritty, I would like to tell you a bit more
about why I decided to undertake this research and present some
basic findings.
I’ll never forget my first day of law school. While I’m sure our Dean
delivered eloquent opening remarks, they’re not what I remember.
What I remember is how I felt. Those nervous butterflies in my stomach.
How impossible it was to hold back my excitement of finally
being where I had long dreamed of being: McGill University’s Faculty
of Law. How full of hope and possibility my future seemed. I
was going to clerk for the Supreme Court of Canada, and then I was
going to plead before it in defense of human rights. It didn’t take
long to realize that my idyllic view of the road ahead was misguided.
Before coming to McGill Law, I completed my undergraduate degree
at in Speech Communication and Peace & Conflict Studies. I
had spent four years learning how to communicate, and, more importantly,
how to listen. It was only in my Third Year of law school
that I realized I had spent two years unlearning those skills. But in
my second week of law school, my undergraduate education still
fresh in my mind, I began to notice the communication patterns in
the classroom. And the more I watched, the starker it became:
women weren’t speaking up.
They did at first. But as the weeks went by, female participation
dwindled. My curiosity about “the gendered experience of law
school” grew out of my observation of this phenomenon. It deepened
when feelings of inadequacy replaced my self-confidence, and,
for the first time in my life, I worried that I wasn’t smart enough,
and convinced myself that my opinions and questions were not
worth sharing. It became a passion when I started talking to other
women about their experiences in law school, and a pattern of shared
gendered experiences began to emerge. When I started this re-
2 • SEPTEMBER 21 ST 2010 • QN
search, it became an obsession.
I started with what seemed like a straightforward research question:
do women and men experience law school differently? If so,
how, and why? The answer, I soon discovered, was not so straightforward.
People answered differently depending on certain factors:
their gender, age, ethnicity, sexual orientation, previous education,
work experience... Responses were nuanced and complex, never
perfectly clear or on point, and often slightly uncertain and doubtful.
Many of the men I asked had never considered the gendered
experience of law school before. Some female participants had, like
me, become obsessed with it since starting law school. But slowly,
out of the nuance, complexity, uncertainty and doubt emerged an
answer: Yes. Undeniably yes. Women and men do experience law
school differently.
Despite the increasing presence of women in legal education and
legal institutions, and the increasing awareness and use of updated
pedagogical practices, law school remains a distinctively gendered
experience. Women bear the emotional and psychological brunt of
an educational system still entrenched in the patriarchal principles
upon which it was originally founded. As a result, as women make
the passage from law school to lawyerdom, they lose their voices,
and, ultimately, lose themselves.
This may not come as a surprise. Previous research on gender in
legal education has reached similar conclusions. What did surprise
me was the candor with which students shared their experiences,
their vulnerability, their pain; the emotions they expressed – the
passion, the anger, the frustration, the sadness – and the tears that
accompanied their stories; the relief they felt when they realized
they weren’t alone, that they weren’t the only ones who had felt
and experienced what they had. What surprised me the most, however,
was the consistency of the experiences among women, and
their willingness to share those experiences. It is amazing what
their voices will say when they are not being silenced.
What will follow in the weeks to come is my analysis of 26 individual
student interviews and 127 survey responses. While I describe
certain findings with statistics, there is no regression analysis, null
hypothesis or attempt to present statistically significant multivariate
differentials; it was not my intention to develop an authoritative
statistical analysis. I simply wanted to hear and understand
how people experienced law school; I wanted to know how they
felt. I have done my best to be true to this data and the people who
participated. I have also done my best to be true to the voices of
the women and men who shared their stories and I have consistently
attempted to remain true to the context in which the words
were spoken. I wanted to provide a forum where these voices, too
often silenced within the context of legal education, could be
heard. So please, over the coming weeks, listen.