Constituting Workers, Protecting Women: Gender, Law and Labor in the Progressive Era and New Deal YearsUniversity of Michigan Press, 2009 M10 8 - 336 pages Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning. Julie Novkov is Assistant Professor of Political Science, University of Oregon |
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... Briefs Materials from the Women's Movement and Other Contemporary Sources Secondary Sources Cases Cited Federal Cases State Cases Cases Decided after West Coast Hotel v. Parrish Index 297 307 Tables 1. Decisions in All Cases Involving ...
... Briefs Materials from the Women's Movement and Other Contemporary Sources Secondary Sources Cases Cited Federal Cases State Cases Cases Decided after West Coast Hotel v. Parrish Index 297 307 Tables 1. Decisions in All Cases Involving ...
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Contents
The Forgotten Doctrinal Roots of the Modern Welfare State | 1 |
The Early Struggles over Protective Labor Legislation | 37 |
Regulating Labor and Laborers | 77 |
The Ascendancy of Womens Legislation | 131 |
Minimum Wages and the Battle over Equality | 183 |
6 Reflecting on Gender Due Process and Constitutional Development | 241 |
Appendix on Data and Methods | 275 |
277 | |
Cases Cited | 297 |
307 | |
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Common terms and phrases
activists Adkins bargaining power began century claimed conception constitutional debate decision discussions doctrine due process clause emerged employer and employee equality factual federal courts female workers feminist Filed focus focused Fourteenth Amendment framework Frankfurter gender-neutral gendered rebalancing Goldmark guarantee of liberty hours of labor Illinois industrial interpretation intervention Involving Protective Labor involving women’s issues judges justices labor market laborer-centered analysis legal community legal realism legislation for women liberty and police liberty of contract litigation Lochner Lochner era male workers men’s ments minimum wages Muller National Consumers National Woman's Party nodes of conflict Nonetheless Oregon particular Plaintiff in Error police power political protective labor legislation protective legislation protective measures public interest question reasoning reformers regulation relationship relied right to contract significant statutes substantive due process Supreme Court tion type of labor upheld wages for women West Coast Hotel women’s health women’s liberty women’s protective labor workplace
References to this book
Political Women and American Democracy Christina Wolbrecht,Karen Beckwith,Lisa Baldez No preview available - 2008 |