Legal Professions
A main strain of my research involves using the changing demographics within the legal profession to think about inequality and hierarchy reproduction more critically. In the past, I have worked on the globalization of legal education, gendered academic careers, and the structural impossibility of sustainable diversity in U.S. law firms. My first book, Accidental Feminism (Princeton University Press 2021) focuses on the unintended gender parity in the Indian legal profession. I am currently working on three broad strains of research. The first is a set of projects with colleagues on diversity and diverse experiences within U.S. legal education. A second project tracks peripheral identities and their navigation within the legal profession in the US - with a focus on muslim lawyers, and prosecutors of color. A third forthcoming project interrogates the legal profession in the Middle East with a focus on lawyers and legal institutions in the GCC.
In addition to research and teaching in this area, I am committed to building community and exchange around these issues with my colleagues. I co-run the UCI Law Center for Empirical Research on the Legal Profession and I am co-founder of the Law and Society Association Legal Education CRN (19) along with John Bliss and David Sandomierski. As of 2021, I serve on Executive Committee of the AALS Section on Empirical Study on Legal Education and Legal Profession.
I was the Access Lex Visiting Scholar on Legal Education at the American Bar Foundation (2017-18) and have been an Affiliated Fellow of the Harvard Law School Center on the Legal Profession since 2009.
+ Accidental Feminism
In India, elite law firms offer a surprising oasis for women within a hostile, predominantly male industry. Less than 10 percent of the country’s lawyers are female, but women in the most prestigious firms are significantly represented both at entry and partnership. Elite workspaces are notorious for being unfriendly to new actors, so what allows for aberration in certain workspaces?
Drawing from observations and interviews with more than 130 elite professionals, Accidental Feminism examines how a range of underlying mechanisms—gendered socialization and essentialism, family structures and dynamics, and firm and regulatory histories—afford certain professionals egalitarian outcomes that are not available to their local and global peers. Juxtaposing findings on the legal profession with those on elite consulting firms, Swethaa Ballakrishnen reveals that parity arises not from a commitment to create feminist organizations, but from structural factors that incidentally come together to do gender differently. Simultaneously, their research offers notes of caution: while conditional convergence may create equality in ways that more targeted endeavors fail to achieve, “accidental” developments are hard to replicate, and are, in this case, buttressed by embedded inequalities. Ballakrishnen examines whether gender parity produced without institutional sanction should still be considered feminist.
In offering new ways to think about equality movements and outcomes, Accidental Feminism forces readers to critically consider the work of intention in progress narratives.
+ Diversity in U.S. Legal Education
The second line of inquiry concentrates on emerging trends in U.S. legal education and organizational diversity. Across a set of projects, colleagues and I build on earlier research to reveal the ways in which new kinds of diversity are demanding a rethinking of current legal institutions. The main site for this research has been an inquiry into the rising number of international students in U.S. mainstream (i.e. J.D.) programs and the implications this has had for both law schools and individual students alike. This research (along with Carole Silver) uses legal education as one more landscape to theorize about the concepts of institutional inequality in an increasingly globalizing profession. The motivation for this body of work lies directly in the implications of its underlying empirics. International students have, especially in the last few decades, earned their place as serious actors in any conversation about the globalization of law. They are currently over 3% of the JD population across all ABA approved law schools (and 6% of the population in the top-20 law schools), with an increasing number of law schools with more international students than other kinds of minority students. Yet, even as these numbers continue to grow, we know little about this population and their experience. Our research begins to fill this gap.
My most recent project (with Carole Silver, Anthony Paik, and Steven Boutcher), uses these findings from earlier research to inform a multi-method empirical investigation into the kinds of networks that enable law student entry, experience, and success. Our first two waves of data collection were funded by the AccessLex Foundation, and we have just been greenlit for Waves 3 and 4 by the NSF.
+ SELECT PUBLICATIONS
Ballakrishnen, Swethaa. 2021. Accidental Feminism: Gender Mobility and Selective Parity Among India's Professional Elite, Princeton: Princeton University Press.
Ballakrishnen, Swethaa. 2020. “Present and Future: A Revised Sociological Portrait of the Indian Legal Profession.” | Lawyers in 21st Century Society, Eds. Hilary Sommerlad, Ole Hammerslev, Rick Abel, and Ulrike Schultz. London: Hart Publishing
Ballakrishnen, Swethaa. 2019. “Just Like Global Firms: Unintended Gender Parity and Speculative Isomorphism in India's Elite Professions” | Law and Society Review 53 (1): 108-40
Ballakrishnen, Swethaa and Carole Silver. 2019. “A New Minority?: International J.D. Students in U.S. Law Schools.” | Law and Social Inquiry 44 (3): 647-78
Ballakrishnen, Swethaa. 2017. “She Gets The Job Done’: Entrenched Gender Meanings and New Returns to Essentialism in India’s Elite Law Firms.” | Journal of Professions and Organization 4(3): 324-42
Ballakrishnen, Swethaa. 2017. “Women in India’s "Global" Law Firms: Comparative Gender Frames and the Advantage of New Organizations.” | The Indian Legal Profession in the Age of Globalization. Eds. David B. Wilkins, Vikramaditya S. Khanna and David Trubek. Cambridge University Press, pp. 240-63
Pearce, Russell, Eli Wald, and Swethaa Ballakrishnen. 2015. “Difference Blindness v. Bias Awareness: Why Law Firms with the Best of Intentions Have Failed to Create Diverse Partnerships.” | 83 Fordham Law Review 2407-55
Ballakrishnen, Swethaa. 2012. “Homeward Bound: What Does a Global Legal Education Offer the Indian Returnees?” | 80 Fordham Law Review 2441-80
+ RELATED AWARDS & GRANTS
American Sociological Association Section on Sociology of Development. 2020. Faculty Article Award Honorable Mention
Canadian Sociology Association. 2019. Best Article Award
Journal of Professions and Organization. 2018. 2017/18 Best Paper Award ($1000)
The Clayman Institute for Gender Research. 2015. Marjorie Lozoff Graduate Prize for Research on Women and Gender
Stanford University Department of Sociology. 2015. Barbara and Sandy Dorbusch Award for a Contribution to the Understanding or Solution of a Social Problem
National Science Foundation. 2014. Same Same But Different: Women in India’s Elite Professional Service Firms. Law and Social Sciences (LSS) Dissertation Improvement Grant. ($19,999)
Institute of Global Law and Policy at Harvard. 2014. The Feminization of the Global Legal Profession in India. Santander & IGLP Doha Research Grant ($2000)
Law and Society Association. 2012. Women in Global Legal Practice. Travel Grant ($1800)
Other research areas: Gender & Law | Institution(alism)s | Work, Employment, Labor