Harvard Case - Ruth Bader Ginsburg: Using Influence Strategies to Promote Gender Equality
"Ruth Bader Ginsburg: Using Influence Strategies to Promote Gender Equality" Harvard business case study is written by Paula J. Caproni, Cindy A Schipani. It deals with the challenges in the field of Strategy. The case study is 22 page(s) long and it was first published on : Feb 21, 2022
At Fern Fort University, we recommend that Ruth Bader Ginsburg utilize a multi-pronged strategy to promote gender equality, leveraging her unique position as a Supreme Court Justice. This strategy should focus on building a coalition of allies, using strategic communication, and fostering a culture of inclusivity within the legal profession and beyond.
2. Background
This case study focuses on Ruth Bader Ginsburg, a renowned legal scholar and Associate Justice of the Supreme Court of the United States. The case explores her journey as a pioneer for gender equality, navigating a male-dominated legal landscape and advocating for women's rights through strategic litigation and public discourse. The case study highlights her use of influence strategies, including strategic alliances, persuasive arguments, and public engagement, to advance her cause.
3. Analysis of the Case Study
Strategic Analysis Framework:
To understand Ginsburg's approach, we can apply a framework that combines elements of Porter's Five Forces, SWOT analysis, and Resource-based view.
Porter's Five Forces:
- Threat of new entrants: The legal profession is highly regulated, making entry difficult. However, the rise of online legal services and alternative dispute resolution mechanisms could pose potential threats.
- Bargaining power of buyers: Clients have limited bargaining power in the legal field, as they often rely on specialized expertise.
- Bargaining power of suppliers: Lawyers themselves have a degree of bargaining power, especially in specialized areas.
- Threat of substitute products: Alternative dispute resolution mechanisms, such as mediation and arbitration, can be substitutes for traditional litigation.
- Rivalry among existing competitors: The legal profession is highly competitive, with numerous law firms vying for clients.
SWOT Analysis:
- Strengths: Ginsburg's legal expertise, her reputation as a champion for gender equality, her position on the Supreme Court, and her ability to connect with diverse audiences.
- Weaknesses: Limited influence on legislative processes, potential for backlash from conservative groups, and the inherent limitations of judicial power.
- Opportunities: Growing public awareness of gender inequality, increasing support for women's rights, and the potential for legal reforms.
- Threats: Political polarization, attacks on judicial independence, and resistance to change from traditional power structures.
Resource-based view:
Ginsburg possesses unique resources that contribute to her influence:
- Human capital: Her legal expertise, her exceptional communication skills, and her ability to build relationships.
- Social capital: Her network of allies, her reputation for integrity, and her ability to mobilize public opinion.
- Intellectual capital: Her deep understanding of legal precedent, her ability to frame arguments persuasively, and her strategic thinking.
Key Insights:
- Ginsburg's strategy is based on building a coalition of allies across various sectors, including legal organizations, feminist groups, and public figures.
- She utilizes strategic communication to frame her arguments in a persuasive and accessible manner, engaging with diverse audiences.
- She leverages her position on the Supreme Court to influence legal precedent and shape public discourse on gender equality.
4. Recommendations
1. Strategic Alliances and Coalition Building:
- Expand existing partnerships: Strengthen relationships with existing allies, including legal organizations, feminist groups, and civil rights organizations.
- Forge new alliances: Seek partnerships with organizations working on related issues, such as racial justice, LGBTQ+ rights, and economic equality.
- Engage with younger generations: Collaborate with student groups, young lawyers, and social media influencers to build a new generation of advocates for gender equality.
2. Strategic Communication and Public Engagement:
- Leverage public speaking platforms: Continue to engage with diverse audiences through speeches, interviews, and public appearances.
- Utilize social media: Embrace social media platforms to reach a wider audience, share her message, and engage in dialogue with supporters.
- Develop accessible educational resources: Create resources that explain complex legal concepts in a clear and engaging manner, making them accessible to a broader audience.
3. Fostering a Culture of Inclusivity:
- Advocate for diversity and inclusion in the legal profession: Encourage law schools and legal organizations to adopt policies that promote diversity and inclusion.
- Mentor and support young lawyers: Provide guidance and mentorship to aspiring lawyers, particularly women and minorities.
- Promote gender equality in judicial decision-making: Advocate for the appointment of more women and diverse judges to all levels of the judiciary.
5. Basis of Recommendations
These recommendations align with Ginsburg's core competencies and are consistent with her mission to promote gender equality. They consider the needs of both external customers (the public) and internal clients (the legal profession). They also acknowledge the competitive landscape and the potential for collaboration with other social justice movements.
Quantitative Measures:
While it is difficult to quantify the impact of Ginsburg's efforts, her influence can be measured through:
- Increased public awareness of gender inequality: Surveys and opinion polls can track public attitudes towards gender equality.
- Legal reforms: The passage of laws and judicial decisions that promote gender equality can be tracked.
- Representation of women in the legal profession: Data on the number of women in law schools, law firms, and judicial positions can be monitored.
Assumptions:
- These recommendations assume a continued commitment to gender equality from Ginsburg and her allies.
- They also assume that the public will remain receptive to her message and that she will be able to navigate the challenges of political polarization.
6. Conclusion
Ruth Bader Ginsburg's legacy as a champion for gender equality is undeniable. By strategically leveraging her influence, she has made significant progress in advancing women's rights. By continuing to build coalitions, engage in strategic communication, and foster a culture of inclusivity, she can continue to inspire and empower future generations to fight for equality.
7. Discussion
Alternatives:
- Focusing solely on legal advocacy: Ginsburg could choose to focus her efforts solely on influencing legal precedent through her Supreme Court decisions. However, this approach would limit her reach and impact.
- Adopting a more confrontational approach: Ginsburg could choose to engage in more public protests and demonstrations, but this could alienate potential allies and create unnecessary conflict.
Risks and Key Assumptions:
- Political backlash: Ginsburg's advocacy could face backlash from conservative groups, potentially leading to increased scrutiny and criticism.
- Limited impact on legislative processes: As a Supreme Court Justice, Ginsburg has limited influence on legislative processes.
- Sustaining momentum: Maintaining momentum and achieving lasting change requires consistent effort and commitment from Ginsburg and her allies.
8. Next Steps
Timeline:
- Short-term (1-2 years): Strengthen existing partnerships, engage with younger generations, and develop accessible educational resources.
- Medium-term (3-5 years): Forge new alliances, expand the use of social media, and advocate for diversity and inclusion in the legal profession.
- Long-term (5+ years): Continue to influence legal precedent, promote gender equality in judicial decision-making, and inspire future generations of advocates.
Key Milestones:
- Increased public awareness of gender equality: Track changes in public opinion through surveys and polls.
- Passage of legal reforms: Monitor the passage of laws and judicial decisions that promote gender equality.
- Representation of women in the legal profession: Track the number of women in law schools, law firms, and judicial positions.
By implementing these recommendations, Ruth Bader Ginsburg can continue to use her influence to advance gender equality and create a more just and equitable society for all.
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Case Description
This case study focuses on how Ruth Bader Ginsburg ("RBG")-when she was a professor and attorney early in her career, before becoming an appellate judge and Supreme Court Justice-used influence strategies to argue and win one of the earliest successful sex discrimination cases, Moritz v. Commissioner of Internal Revenue. Although this case study describes the most relevant and interesting details of Moritz, its chief aim is to direct students' attention to those influence strategies and how she developed them. Charles Moritz was a never-married man who took care of his elderly and infirm mother in his home. He employed a caretaker to help him provide her with non-specialized but critical daily care so that he could continue to work at his job in the publishing industry, a job that included travel. At the time (1968), the Internal Revenue Service allowed women and widowers ("widowers" included divorced men) to take a $600 tax deduction to defray some of the costs of employing someone to take care of "a child under the age of 12" or "a disabled relative of any age" in their home so that they could continue to remain employed. Moritz claimed the deduction on his tax return, but the IRS said he did not qualify for it. RBG and her legal team argued the case on behalf of Moritz and won. The overarching questions students are asked to address are these: How did RBG persuade the federal judges (three men) to go against the legal and societal status quo of the time? How did this relatively young woman and her legal team prevail over the federal attorneys arguing on behalf of the Internal Revenue Service?
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