Synopses & Reviews
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.
Includes bibliographical references (p. 192-196) and index.
About the Author
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
PART I. "ENTERING WEDGE": MULLER V. OREGON AND ITS LEGACY
1. The Rise of Protective Laws
The Campaign for Protection
Hours Laws and the Courts
The Bakeshop Case, 1950
2. "The Facts of Common Knowledge," 1908
Florence Kelley, the NCL, and the "Right to Leisure"
Louis D. Brandeis and the "Living Law"
The Brandeis Brief
The Brief for Muller
Justice Brewers Opinion
3. From Muller to Adkins, 1908-1923
The New Brandeis Briefs
Fatigue and Efficiency
Bunting v. Oregon (1917)
"A Living Wage"
"The Heart of the Contact," 1923
4. Legacy: Labor Law, Women's Politics, and Protective Policies
The Women's Movement in the 1920's
Protection Triumphant: The New Deal and After
Protection Dismantled: Title VII and After
PART II. THE DOCUMENTS
1. Ritchie v. People (1895)
2. Holden v. Hardy (1898)
3. Lochner v. New York (1905)
4. Florence Kelley, "The Right to Leisure," 1905
5. Louis D. Brandeis, "The Opportunity in the Law," 1905
6. "The Dangers of Long Hours," From the Brandeis Brief, 1908
7. "Women Are Both Persons and Citizens," The Brief for Curt Muller, 1907
8. Muller v. Oregon (1908)
9. Bunting v. Oregon (1917)
10. Caroline J. Gleason, A Living Wage in Oregon, 1913
11. Adkins v. Children's Hospital (1923)
12. The Women's Movement in the Early 1920s
a. A Debate in Life and Labor, Marguerite Mooers Marshall versus Rose Schneiderman, 1920
b. Florence Kelley, Twenty Questions about the ERA, 1922
c. A Debate in the Nation, Harriet Stanton Blatch versus Clara Mortenson Beyer, 1923
d. A Debate in the Forum, Doris Stevens versus Alice Hamilton, 1924
13. West Coast Hotel Co. v. Parrish (1937)
14. United States v. Darby (1941)
Chronology: Major Hours and Wages Cases, 1895-1941
In Search of Muller: Suggested Reading