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University of California Press

About the Book

The first wave of trailblazing female law professors and the stage they set for American democracy.

When it comes to breaking down barriers for women in the workplace, Ruth Bader Ginsburg’s name speaks volumes for itself—but, as she clarifies in the foreword to this long-awaited book, there are too many trailblazing names we do not know. Herma Hill Kay, former Dean of UC Berkeley School of Law and Ginsburg’s closest professional colleague, wrote Paving the Way to tell the stories of the first fourteen female law professors at ABA- and AALS-accredited law schools in the United States. Kay, who became the fifteenth such professor, labored over the stories of these women in order to provide an essential history of their path for the more than 2,000 women working as law professors today and all of their feminist colleagues.
 
Because Herma Hill Kay, who died in 2017, was able to obtain so much first-hand information about the fourteen women who preceded her, Paving the Way is filled with details, quiet and loud, of each of their lives and careers from their own perspectives. Kay wraps each story in rich historical context, lest we forget the extraordinarily difficult times in which these women lived. Paving the Way is not just a collection of individual stories of remarkable women but also a well-crafted interweaving of law and society during a historical period when women’s voices were often not heard and sometimes actively muted. The final chapter connects these first fourteen women to the “second wave” of women law professors who achieved tenure-track appointments in the 1960s and 1970s, carrying on the torch and analogous challenges. This is a decidedly feminist project, one that Justice Ruth Bader Ginsburg advocated for tirelessly and admired publicly in the years before her death.

About the Author

Herma Hill Kay was Barbara Nachtrieb Armstrong Professor of Law and former Dean at UC Berkeley School of Law. Kay was president of the Association of American Law Schools in 1989 and secretary of the American Bar Association Section on Legal Education and Admissions to the Bar from 1999 to 2001. She received the 1992 Margaret Brent Award to Women Lawyers of Distinction, the 2003 Boalt Hall Alumni Association Faculty Lifetime Achievement Award, the 2015 AALS Triennial Award for Lifetime Service to Legal Education and Law, and the 2015 Association of American Law Schools’ Ruth Bader Ginsburg Lifetime Achievement Award.

Patricia A. Cain is Professor of Law at Santa Clara University and Aliber Family Chair in Law Emerita at University of Iowa.

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Table of Contents

Foreword
Justice Ruth Bader Ginsburg

Preface
Patricia A. Cain

Introduction 
1. Leading the Way: Barbara Nachtrieb Armstrong 
2. Armstrong’s Pre-World War II Contemporaries: Harriet Spiller Daggett and Margaret Harris Amsler
3. The Czarina of Legal Education: Soia Mentschikoff
4. From the Library to the Faculty: Five Women Who Changed Careers: Miriam Theresa Rooney, Jeanette Ozanne Smith, Janet Mary Riley, Helen Elsie Steinbinder, and Maria Minnette Massey
5. The Mid-Fifties: Ellen Ash Peters and Dorothy Wright Nelson
6. The End of an Era: Joan Miday Krauskopf and Marygold Shire Melli
7. The Next Decades: Ruth Bader Ginsburg and Women Law Professors from the 1960s to the 1980s
Conclusion 

Appendix: A Note on Clemence Myers Smith, the Sixth Woman Law Professor

Afterword
Melissa Murray

Notes

Reviews

“The . . . biographies are filled with detail and wrapped in rich historical context.”
The Alcalde

 "One might assume a book about the first female law professors could be boring. This book is not. Instead, this book is an intimate portrayal of the struggles these first 14 professors faced, their grit and determination, and how they paved the way forward for women in the legal profession. Readers here will savor the successes of these female law professors and appreciate the challenges as Kay portrays them. Kay’s writing is electric: lively and engaging. She presents, in vivid detail, the lives of the first 14. . . . The book is invaluable for anyone interested in the history of women in the legal profession."

Los Angeles Review of Books

"The product of more than twenty years of labor, including scores of interviews and meticulous archival research, Paving the Way charts a history both intimate and expansive in scope."

California History
"In person, I quickly comprehended, Herma has a quality that cannot be conveyed in words. There is a certain chemistry involved when one meets her, something that magically makes you want to be on her side.”—Ruth Bader Ginsburg, from the Foreword

"If you admired Justice Ruth Bader Ginsburg, you should love this book by Herma Hill Kay, the woman law professor whom RBG used as her own model for her life in the law."—Nina Totenberg, Legal Affairs Correspondent, National Public Radio   

"Legendary professor, dean, law reformer, and mentor, Herma Hill Kay has written a lively and memorable  book about the first women to become American law professors and their legacies. Shining a light on three women who  joined law faculties before World War II and eleven more pioneers during the civil rights and women's movements, Paving the Way illuminates how uniquely extraordinary individuals and social contexts changed law schools, law, and America. Come for the 'firsts,' stay for the individual portraits of remarkable and pathbreaking women, and emerge with a biography of law and society during pivotal times."—Martha Minow, professor and former dean, Harvard Law School

"A lively and important history of the legal world which Herma Hill Kay entered a half century ago—and had a substantial role in transforming. Readers are likely to be surprised by what they find here. Paving the Way is a major contribution to our understanding of professional life in our own time."—Linda K. Kerber, author of No Constitutional Right to Be Citizens: Women and the Obligations of Citizenship

"Born under a lucky star, I had the good fortune to experience Herma Hill Kay’s brilliant teaching, to rely on her as mentor and role model, to work with her in countless meetings of the American Law Institute, and to enjoy her loyal friendship. She spoke passionately about the project that became this remarkable book. Herma’s decades-long efforts to document and share these trailblazers’ stories give us one more reason to celebrate her own commitment to changing the world for lawyers of all genders."—Susan Frelich Appleton, Washington University School of Law in St. Louis

“No one else has written about the first women law professors in the U.S. The fact that the author was the fifteenth, and the fact that she was able to interview nine of these women, makes this work so valuable. I think it is crucial for women law professors to know about our foremothers and their contributions to the profession and to law in general.”—Laura Gasaway, University of North Carolina School of Law