In this Book

buy this book Buy This Book in Print
summary
Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning. Julie Novkov is Assistant Professor of Political Science, University of Oregon

Table of Contents

  1. Cover
  2. restricted access Download |
  1. Frontmatter
  2. restricted access Download |
  1. Contents
  2. p. vii
  3. restricted access Download |
  1. List of Tables
  2. pp. ix-x
  3. restricted access Download |
  1. Acknowledgments
  2. pp. xi-xii
  3. restricted access Download |
  1. 1. Rethinking the Constitutional Crisis of the 1930s: The Forgotten Doctrinal Roots of the Modern Welfare State
  2. pp. 1-35
  3. restricted access Download |
  1. 2. Generalized Balancing: The Early Struggles over Protective Labor Legislation
  2. pp. 37-75
  3. restricted access Download |
  1. 3. Specific Balancing: Regulating Labor and Laborers
  2. pp. 77-129
  3. restricted access Download |
  1. 4. Laborer-Centered Analysis: The Ascendancy of Women's Legislation
  2. pp. 131-182
  3. restricted access Download |
  1. 5. Gendered Rebalancing: Minimum Wages and the Battle over Equality
  2. pp. 183-239
  3. restricted access Download |
  1. 6. Reflecting on Gender, Due Process, and Constitutional Development
  2. pp. 241-273
  3. restricted access Download |
  1. Appendix on Data and Methods
  2. pp. 275-276
  3. restricted access Download |
  1. Bibliography
  2. pp. 277-296
  3. restricted access Download |
  1. Bibliography: Legal Briefs
  2. pp. 277-284
  3. restricted access Download |
  1. Bibliography: Materials from the Women's Movement and Other Contemporary Sources
  2. pp. 284-288
  3. restricted access Download |
  1. Bibliography: Secondary Sources
  2. pp. 288-296
  3. restricted access Download |
  1. Cases Cited
  2. pp. 297-305
  3. restricted access Download |
  1. Cases Cited: Federal Cases
  2. pp. 297-299
  3. restricted access Download |
  1. Cases Cited: State Cases
  2. pp. 299-304
  3. restricted access Download |
  1. Cases Cited: Cases Decided after West Coast Hotel v. Parrish
  2. pp. 304-305
  3. restricted access Download |
  1. Index
  2. pp. 307-320
  3. restricted access Download |

Additional Information

ISBN
9780472022861
Related ISBN
9780472111985
MARC Record
OCLC
607896597
Pages
336
Launched on MUSE
2012-01-01
Language
English
Open Access
No
Back To Top

This website uses cookies to ensure you get the best experience on our website. Without cookies your experience may not be seamless.