 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.  The New York Supplement - Page 3441915Full view - About this book
 | William E. Leuchtenburg - 1996 - 363 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... | |
 | John Augustine Ryan - 1996 - 212 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... | |
 | Robin L. Bartlett - 1997 - 232 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... | |
 | Dorothy E. McBride - 1997 - 416 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... | |
 | Karen J. Maschke - 1997 - 382 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,... | |
 | 1997 - 446 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... | |
 | Andrea Tone - 1997 - 278 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... | |
 | Rogers M. Smith - 1997 - 740 pages
..."self-reliance." No matter how equal her legal status, woman was destined to be "dependent upon man," and so laws "designed for her protection may be sustained, even...legislation is not necessary for men, and could not be sustained."165 In so writing, Brewer transformed the discussion of women's physical capabilities in... | |
 | Louise Michele Newman - 1999 - 274 pages
...has been looked upon in the courts as needing especial care that her rights may be preserved. . . . Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained." Mutter v Oregon 208 US 412. Maximum-hour legislation could not be easily enforced, however, if women... | |
 | Gary Noy - 1999 - 492 pages
...the viewpoint of the effort to maintain an independent position of life, she is not upon an equality. Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained. . . . The limitations which this statute places upon her right to agree with her employer as to the... | |
| |
