Book Cover

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Title Page, Copyright, Dedication

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pp. i-vi

Contents

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pp. vii-viii

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Preface

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pp. ix-xii

...not by market forces or individual negotiation but by law— is familiar to Americans, many of whom also know that the present minimum wage dates from the New Deal and the Fair Labor Standards Act of 1938. Less well known is that this legislation was...

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Acknowledgements

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pp. xiii-xviii

...work; a succession of deans of the School of English and American Studies, John Whitley, John Rosselli, Colin Brooks, and Bob Benewick, have granted leave and travel funds at various moments since 1981. From 1982 to 1984, a visiting post teaching...

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Chapter 1

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pp. 3-13

...was predicted by such experts as James Bryce, erstwhile British ambassador to Washington; Abbott Lawrence Lowell, anglophile and Harvard president; and A. V. Dicey, Oxford professor lecturing at Harvard. Their conclusions shaped the work of scholars following in their footsteps, as well as being familiar and influential...

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Chapter 2

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pp. 14-38

...nominated or elected, would be joined by members appointed by the department, who must be less than half the board. Women were “eligible as members of Trade Boards as well as men,” and home workers must be directly represented if they formed...

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Chapter 3

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pp. 39-62

...included Clementina Black, Mary Macarthur, Margaret MacDonald, and Gertrude Tuckwell. Public relations was political activity in which women could be equal participants, operating where no male traditions hampered them, pioneering new techniques...

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Chapter 4

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pp. 63-86

...and his scheme for a statutory minimum wage. Mallon cannot have endeared himself with a paper on “Ineffective Remedies”—which, though not targeted personally at Kelley, hit directly at her work. He ruled out both Consumers’ Leagues themselves and the American legislation for licensing home work premises with which she...

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Chapter 5

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pp. 87-107

...reasons why even laws restricted to women succeeded or failed. But the constraint of the Constitution was the most usual explanation of minimum wagers themselves for the prior decision to make sex the basis of coverage. Sooner or later, almost everyone blamed necessity in the face of constitutional force majeure. Yet they...

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Chapter 6

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pp. 108-129

...legislation was nullified, underfunded, or unenforced. In 1919, laws were in place in fourteen states, the District of Columbia, and Puerto Rico. But 1919 saw the first repeal, in Nebraska. In the next decade, South Dakota passed a bill and Wisconsin...

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Chapter 7

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pp. 130-150

...vice” of the decision was “the distortion of ‘due process’ 40 years ago.” Newton D. Baker, president of the National Consumers’ League, found it “disheartening” and spoke of picking over “the wreckage.” Judge Amidon of North Dakota wrote of employers “preying upon the necessities...

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Chapter 8

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pp. 151-172

...constitutional. And federal antitrust legislation had won judicial approval with the argument that the Commerce Clause of the Constitution allowed Congress to establish the rules of fair competition. Administration lawyers seeking a basis for a federal minimum wage had ample reason for placing fairness at the forefront of their case and...

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Chapter 9

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pp. 173-182

...far below the average should the minimum sit? By the old criterion of parasitic industries, no lower than the cost of subsistence for the worker.But it remains true, as James J.Mallon observed in 1914, that “is there anything harder than to affirm a standard of well-being...

Abbreviations

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pp. 183-184

Notes

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pp. 185-246

Index

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pp. 247-255