| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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,... | |
| 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... | |
| 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... | |
| 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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