Protective Labor Legislation: With Special Reference to Women in the State of New YorkColumbia University, 1925 - 463 pages |
From inside the book
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Page 19
... judges retain the doctrines of individualism as a guide , while others have developed a socialized attitude toward life , society and government which influences them in their judg- ments . A conflict of opinion within the court room is ...
... judges retain the doctrines of individualism as a guide , while others have developed a socialized attitude toward life , society and government which influences them in their judg- ments . A conflict of opinion within the court room is ...
Page 20
... judges as upon the precepts of the con- stitution to which judges are bound to defer . Labor laws have most frequently been declared unconsti- tutional on these grounds : restriction of the freedom of con- tract which is implied in the ...
... judges as upon the precepts of the con- stitution to which judges are bound to defer . Labor laws have most frequently been declared unconsti- tutional on these grounds : restriction of the freedom of con- tract which is implied in the ...
Page 21
... judges who render the opinion . " 1 1 The extent and meaning of the police power is also in- capable of being absolutely defined . Blackstone's definition as summoned for use in state court was : the due regulation and domestic order of ...
... judges who render the opinion . " 1 1 The extent and meaning of the police power is also in- capable of being absolutely defined . Blackstone's definition as summoned for use in state court was : the due regulation and domestic order of ...
Page 23
... Judge Learned Hand has answered , tradi- tionally , no . The courts have always professed that matters of expediency lie with the legislature alone . But Judge Hand explains that this tradition is also in the process of change . At ...
... Judge Learned Hand has answered , tradi- tionally , no . The courts have always professed that matters of expediency lie with the legislature alone . But Judge Hand explains that this tradition is also in the process of change . At ...
Page 24
... Judge Hand , is a “ great divergence of constitutional decision and an apparent absence of actual principle upon which such cases can be deter- mined . . . 99 A vote of the court necessarily depends not upon any fixed rules of law , but ...
... Judge Hand , is a “ great divergence of constitutional decision and an apparent absence of actual principle upon which such cases can be deter- mined . . . 99 A vote of the court necessarily depends not upon any fixed rules of law , but ...
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Common terms and phrases
¹ Annual adult women amendment Annual Report bill Brooklyn Rapid Transit Bulletin canneries cent child labor Commissioner of Labor committee constitutional Consumers core decision declared Department of Labor effect eight-hour day employees employment of women enacted enforcement fact Factory Investigating Commission factory law Federal Felix Frankfurter females Florence Kelley foundries Frances Perkins homework hours a day hours a week hours of labor hours of women increased Industrial Commission inspection inspectors Justice Labor Law Labor Legislation laundries laws for women legis legislature less limited male manufacturers Massachusetts ment mercantile establishments minimum wage law National Woman's Party night work prohibition number of women occupations opinion Oregon organized overtime permitted provision regulation restrictions result seats special protection statute Supreme Court tenement house tion total number Trade Union violation welfare woman women and children women employed Women in Industry Women's Bureau York City York Factory York Tribune
Popular passages
Page 65 - That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious.
Page 36 - But the fact that both parties are of full age, and competent to contract, does not necessarily deprive the state of the power to interfere, where the parties do not stand upon an equality, or where the public health demands that one party to the contract shall be protected against himself.
Page 66 - The limitations which this statute places upon her contractual powers, upon her right to agree with her employer as to the time she shall labor, are not imposed solely for her benefit, but also largely for the benefit of all.
Page 72 - No minor under the age of eighteen years, and no female shall be employed, permitted or suffered to work in any factory in this state before six o'clock in the morning, or after nine o'clock in the evening of any day...
Page 70 - is free to recognize degrees of harm and it may confine its restrictions to those classes of cases where the need is deemed to be clearest.
Page 35 - The enactment does not profess to limit the hours of all workmen, but merely those who are employed in underground mines, or in the smelting, reduction, or refining of ores or metals. These employments when too long pursued the legislature has judged to be detrimental to the health of the employees, and, so long as there are reasonable grounds for believing that this is so, its decision upon this subject cannot be reviewed by the Federal courts.
Page 44 - I think that the word liberty in the Fourteenth Amendment is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been 22 understood by the traditions of our people and our law.
Page 21 - Under the powers inherent in every sovereignty, a government may regulate the conduct of its citizens toward each other, and, when necessary for the public good, the manner in which each shall use his own property.
Page 65 - This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity continuance for a long time on her feet at work, repeating this from day to day, tends to injurious effects upon the body, and as healthy mothers are essential to vigorous offspring, the physical well-being of woman becomes an object of public interest and care in order to preserve the strength and vigor of the race.
Page 36 - The legislature has also recognized the fact, which the experience of legislators in many States has corroborated, that the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting.