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" That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. "
The New York Supplement - Page 344
1915
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Mothers on the Job: Maternity Policy in the U.S. Workplace

Lise Vogel - 1993 - 220 pages
...Court's opinion in Muller, sexual difference and woman's consequent inequality are rooted in biology. "That woman's physical structure and the performance...disadvantage in the struggle for subsistence is obvious." 45 Female dependence is a permanent feature of social life, and "history discloses the fact that woman...
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Second Thoughts

Donald N. McCloskey - 1995 - 222 pages
...establishing federal precedent for protective laws. Writing the opinion for the majority, Justice Brewer said: That woman's physical structure and the performance...disadvantage in the struggle for subsistence is obvious . . . continuance for a long time on her feet at work, repeating this from day to day, tends to injurious...
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Gender, Class, Race, and Reform in the Progressive Era

Noralee Frankel - 1991 - 212 pages
...evidence out of a desire to protect its ideas of motherhood. As Justice Brewer wrote for the majority: "That woman's physical structure and the performance...disadvantage in the struggle for subsistence is obvious . . . and, as healthy mothers are essential to vigorous offspring, the physical well-being of a woman...
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The Supreme Court Justices: A Biographical Dictionary

Melvin I. Urofsky - 1994 - 598 pages
...their labor. Brewer explained that the ten-hour restriction was altogether appropriate, since "women's physical structure and the performance of maternal...at a disadvantage in the struggle for subsistence." Such paternalistic assumptions about women were the rule and not the exception during his era. Brewer's...
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Mother-Work: Women, Child Welfare, and the State, 1890-1930

Molly Ladd-Taylor - 1995 - 228 pages
...laws for women, even though it rejected protection for men as interfering with freedom of contract. "Woman's physical structure and the performance of maternal functions place her at a disadvantage," the decision read. "This is especially true when the burdens of motherhood are upon her. ... As healthy...
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Fetal Rights, Women's Rights: Gender Equality in the Workplace

Suzanne Uttaro Samuels - 1995 - 244 pages
...being the mental, physical, and emotional inferiors of men. In the view of the Court: That women's physical structure and the performance of maternal...especially true when the burdens of motherhood are upon her.9 The Court contended that women, unlike men, were highly vulnerable to workplace-induced injury....
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The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers ...

Howard Gillman - 1993 - 336 pages
...legislation at issue in both Holden and Lochner), permitted this protection of working women on the grounds that "woman's physical structure and the performance...at a disadvantage in the struggle for subsistence," a struggle in which "she is not an equal competitor with her brother," on whom she still depends. Moreover,...
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Beyond the Double Bind: Women and Leadership

Kathleen Hall Jamieson - 1995 - 298 pages
...another case, the Supreme Court accepted the notion of shorter hours for women on the assumption that a "woman's physical structure and the performance of...at a disadvantage in the struggle for subsistence . . . and, as healthy mothers are essential to vigorous offspring, the physical well-being of a woman...
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Votes for Women!: The Woman Suffrage Movement in Tennessee, the South, and ...

Marjorie Julian Spruill, Marjorie Spruill Wheeler - 1995 - 388 pages
...Supreme Court of the United States in a unanimous opinion given by Mr. Justice Brewer. The Court said: "That woman's physical structure and the performance...functions place her at a disadvantage in the struggle for existence is obvious ... by abundant testimony of the medical fraternity, continuance for a long time...
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Economic Justice: Selections from Distributive Justice and A Living Wage

John Augustine Ryan - 1996 - 212 pages
...a different rule respecting a restriction of the hours of labor." Continuing, the Court pointed out that: Woman's physical structure and the performance...at a disadvantage in the struggle for subsistence . . . continuance for a long time on her feet at work, repeating this from day to day, tends to injurious...
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