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Muller Vs. Oregon : A Brief History with Documents

by
Edition:
1st
ISBN13:

9780312085865

ISBN10:
0312085869
Format:
Paperback
Pub. Date:
4/15/1996
Publisher(s):
Bedford/St. Martin's
List Price: $21.30

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Summary

In 1908 the Supreme Court unanimously upheld an Oregon law that set a ten-hour limit on the workdays of women in factories and laundries. Using lawyers' briefs, arguments over single-sex protective laws, and other major court decisions, Nancy Woloch examines a moment in which constitutional history, women's history, and progressive politics converged.

Author Biography

Nancy Woloch is the author of Women and the American Experience (2nd ed., 1994); the editor of Early American Women: A Documentary History, 1600-1900 (1992); a coathor of The American Century: a History of the United States since the 1890s (4th ed., 1992); and a coauthor of The Enduring Vision: a History of the American People (3rd ed., 1996). She teaches history and American studies at Barnard College, Columbia University.

Table of Contents

Foreword v
Preface vii
PART ONE ``Entering Wedge'': Muller v. Oregon and Its Legacy 1(90)
Introduction
3(2)
The Rise of Protective Laws
5(16)
The Campaign for Protection
7(5)
Constitutional Issues
12(3)
Hours Laws and the Courts
15(3)
The Bakeshop Case, 1905
18(3)
``The Facts of Common Knowledge,'' 1908
21(20)
Florence Kelley, the NCL, and the ``Right to Leisure''
22(4)
Louis D. Brandeis and the ``Living Law''
26(2)
The Brandeis Brief
28(5)
The Brief for Muller
33(2)
Justice Brewer's Opinion
35(6)
From Muller to Adkins, 1908--1923
41(17)
New Brandeis Briefs
41(2)
Fatigue and Efficiency
43(2)
Bunting v. Oregon (1917)
45(2)
``A Living Wage''
47(4)
``The Heart of the Contract,'' 1923
51(7)
Legacy: Labor Law, Women's Politics, and Protective Policies
58(33)
The Women's Movement in the 1920s
58(3)
Protection Triumphant: The New Deal and After
61(5)
Protection Dismantled: Title VII and After
66(5)
Muller Revisited
71(20)
PART TWO The Documents 91(106)
Ritchie v. People (1895)
93(4)
Holden v. Hardy (1898)
97(2)
Lochner v. New York (1905)
99(6)
``The Right to Leisure,''
105(3)
Florence Kelley
``The Opportunity in the Law,''
108(1)
Louis D. Brandeis
``The Dangers of Long Hours,'' From the Brandeis Brief, 1908
109(24)
``Women Are Both Persons and Citizens,'' The Brief for Curt Muller, 1907
133(11)
Muller v. Oregon (1908)
144(6)
Bunting v. Oregon (1917)
150(2)
A Living Wage in Oregon
152(5)
Caroline J. Gleason
Adkins v. Children's Hospital (1923)
157(9)
The Women's Movement in the Early 1920s
166(19)
A Debate in Life and Labor
166(4)
Marguerite Mooers Marshall
Rose Schneiderman
Twenty Questions about the ERA
170(4)
Florence Kelley
A Debate in the Nation
174(4)
Harriot Stanton Blatch
Clara Mortenson Beyer
A Debate in the Forum
178(7)
Doris Stevens
Alice Hamilton
West Coast Hotel Co. v. Parrish (1937)
185(4)
United States v. Darby (1941)
189(8)
APPENDICES
Chronology: Major Hours and Wages Cases, 1895--1941
190(2)
In Search of Muller: Suggested Reading
192(5)
Index 197


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