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In Her Own Words: What Corporate Women May—and May Not—Teach Us About Law and Legal Theory

Theresa A. Gabaldon
87 Geo. Wash. L. Rev. 1163

Cheryl Bachelder, Carly Fiorina, Sheryl Sandberg, and Meg Whitman all are women who have served in the “C-Suite” of a publicly traded company. In addition, each has written a semi-autobiographical advice book on leadership. The titles, in alphabetical order of authorship, are Dare to Serve: How to Drive Superior Results by Serving Others (2015), Tough Choices: A Memoir (2007), Lean In: Women, Work, and the Will to Lead (2013), and The Power of Many: Values for Success in Business and in Life (2010). This Article attempts to contextualize the experiences described in these books with the methods and conclusions of three schools of legal theory—contractarianism, team production theory, and progressive corporate law—that purport to describe and, in some cases, structure corporate law. The Article also attempts to posit tentative conclusions on three specific questions. One is whether high-achieving women believe that the vaunted glass ceiling has been cracked and that women might now have the same opportunities for upward career mobility as men. Another is whether high-achieving women believe that gender may affect performance and, if so, that women may actually bring about “better” results in terms of financial bottom lines. A third is whether high-achieving women evidence interest in attaining better results in terms of softer social metrics, such as considering the interests of more constituents or providing better environmental stewardship. Finally, the Article addresses the limitations of its own methodology and discusses some of the questions it leaves unanswered.

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