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" Differentiated by these matters from the other sex, she is properly placed in a class by herself, and legislation designed for her protection may be sustained, even when like legislation is not necessary for men, and could not be sustained. "
2 years transportation progress - Page 344
1915
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Protecting Soldiers and Mothers: The Political Origins of Social Policy in ...

Theda Skocpol - 1995 - 714 pages
...for a long time on her feet at work, repeating this from day to day, tends to injurious effects on the body, and, as healthy mothers are essential to...legislation is not necessary for men, and could not be sustained.200 Where did American judges of the early twentieth century get these ideas about women's...
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Social Policy in the United States: Future Possibilities in Historical ...

Theda Skocpol - 1995 - 326 pages
...body, and, as healthy mothers are essential to vigorous offspring, the physical well-being of women becomes an object of public interest and care in order...matters from the other sex, she is properly placed in a " Ibid., pp. 556-57. class by herself, and legislation designed for her protection may be sustained,...
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The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt

William E. Leuchtenburg - 1996 - 368 pages
...care in order to preserve the strength and vigor of the race." Hence, Brewer had gone on, a woman was "properly placed in a class by herself, and legislation...not necessary for men and could not be sustained." The state could restrict her freedom of contract, the Court had determined in Muller, not merely "for...
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Economic Justice: Selections from Distributive Justice and A Living Wage

John Augustine Ryan - 1996 - 186 pages
...performance of maternal functions place her at a disadvantage in the struggle for subsistence . . . continuance for a long time on her feet at work, repeating...legislation is not necessary for men and could not be sustained.19 In the thirty-four years that have since elapsed, we have come a long way from the judicial...
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American Cultural Pluralism and Law

Jill Norgren, Serena Nanda - 1996 - 307 pages
...her disposition and habits of life which will operate against a full assertion of those rights. . . . Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained. It is impossible to dose one's eyes to the fact that she still looks to her brother and depends upon...
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Introducing Race and Gender Into Economics

Robin L. Bartlett - 1997 - 210 pages
...the viewpoint of the effort to maintain an independent position in life, she is not upon an equality. Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained. It is impossible to close one's eyes to the fact that she still looks to her brother and depends upon...
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Women's Rights in the U.S.A.: Policy Debates and Gender Roles

Dorothy M. Stetson, Dorothy E. McBride - 1997 - 383 pages
...Constitution permitted states to treat women differently because of their physical and social differences. "Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained" (p. 422). One of the best cases to illustrate the Supreme Court's traditional approach to the Equal...
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The Employment Context

Karen J. Maschke - 1997 - 358 pages
...maintain an independent position in life, she is not upon an equality. Differentiated by these maners from the other sex, she is properly placed in a class...legislation is not necessary for men and could not be sustained.11 Muner's reasoning, so tailored to the Court's notions about the social role of women,...
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Property Rights in the Age of Enterprise, Volume 2

James W. Ely - 1997 - 426 pages
...interest and care in order to preserve the strength and vigor of the race."346 As a result, a woman may be "properly placed in a class by herself, and legislation...legislation is not necessary for men and could not be sustained."347 The doctrine of externalities likewise explains the Supreme Court's seemingly odd defections...
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The Business of Benevolence: Industrial Paternalism in Progressive America

Andrea Tone - 1997 - 264 pages
...Sex-Based Doctrine of Liberty of Contract," Labor History 30 (September 1989): 228-50. that a working woman "is properly placed in a class by herself, and legislation...legislation is not necessary for men and could not." The combined effect of Lochner and Muller was to protect the dependence of women and the contractual...
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