Feminist Legal History and Legal Pedagogy

108 Virginia Law Review Online 91 (2022)

U of Maryland Legal Studies Research Paper No. 2022-02

22 Pages Posted: 30 Mar 2022

See all articles by Paula A. Monopoli

Paula A. Monopoli

University of Maryland Francis King Carey School of Law

Date Written: February 2022

Abstract

Women are mere trace elements in the traditional law school curriculum. They exist only on the margins of the canonical cases. Built on masculine norms, traditional modes of legal pedagogy involve appellate cases that overwhelmingly involve men as judges and advocates. The resulting silence signals that women are not makers of law—especially constitutional law. Teaching students critical modes of analysis like feminist legal theory and critical race feminism matters. But unmoored from feminist legal history, such critical theory is incomplete and far less persuasive. This Essay focuses on feminist legal history as foundational if students are to understand the implications of feminist legal theory. It offers several examples to illustrate how centering women and correcting their erasure from our constitutional memory is essential to educating future judges and advocates.

Keywords: critical theory, feminist critical theory, nineteenth amendment, suffragist, fourteenth amendment, fifteenth amendment, gender equality,

Suggested Citation

Monopoli, Paula A., Feminist Legal History and Legal Pedagogy (February 2022). 108 Virginia Law Review Online 91 (2022), U of Maryland Legal Studies Research Paper No. 2022-02, Available at SSRN: https://ssrn.com/abstract=4069552

Paula A. Monopoli (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-4485 (Phone)

HOME PAGE: http://www.law.umaryland.edu/faculty_profile.asp?facultynum=083

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
180
Abstract Views
817
Rank
310,807
PlumX Metrics