...of the race. "She is properly placed in a class by herself," the court stated (28 S.Ct. at 326-327), "and legislation designed for her protection may be...not necessary for men and could not be sustained. . . . Even though all restrictions on political, personal, and contractual rights were taken away,...

...discriminating against women in employment and elsewhere. In its Opinion, the Court used these words: — Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained ... [9] As Leo Kanowitz points out in Sex Roles in Law and Society/ from this language the courts extracted...

...considered them a strong enough base upon which to erect a theory of constitutional inequality for women: Differentiated by these matters from the other sex,...legislation is not necessary for men, and could not be sustained.4* The final paragraphs of the decision, which are printed below,47 most distinguished traditions...

...Supreme Court decided that women were different, because a woman was a mother or potential mother: 'Differentiated by these matters from the other sex,...even when like legislation is not necessary for men.' This doctrine also cased rhe acceptance of other benefits for women. By 1921 some forty-one states...

...disposition and habits of life which will operate against a full assertion of [civil] rights'. Woman is 'properly placed in a class by herself, and legislation...legislation is not necessary for men and could not be sustained'.75 For women, the terms of the sexual contract ensure that all men, and not just craftsmen,...

...some legislation to protect her seems necessary to secure a real equality of right." Hence she was "properly placed in a class by herself, and legislation...not necessary for men and could not be sustained." We concluded that the limitations which the statute there in question "placed upon her contractual...

...struggle for subsistence." Woman was "in a class by herself." the Supreme Court observed, so that: "legislation designed for her protection may be sustained,...not necessary for men and could not be sustained." The Court believed that women looked to men for protection. "Her physical structure and a proper discharge...

...interest and care in order to preserve the strength and vigor of the race." As a result, a woman may be "properly placed in a class by herself, and legislation...not necessary for men and could not be sustained." 13 A concept of externalities also explains the Supreme Court's seemingly odd defections from liberty...

...brief was unique only in the amount of sociological and scientific evidence included (Erickson, 20). properly placed in a class by herself, and legislation...not necessary for men and could not be sustained. 125 Muller was thus part of a chain of legal precedents that found that the differences between the...

...Supreme Court endorsed the legal argument in the Brandeis/Goldmark brief, concluding that "[woman] is properly placed in a class by herself, and legislation...not necessary for men and could not be sustained." 39 But the Court's rationale for the decision departed from that presented in the reformers' brief....