Constituting Workers, Protecting Women

Contents

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pp. vii-

List of Tables

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pp. ix-x

Acknowledgments

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pp. xi-xii

A first book is not, for most people, a solo effort. I have been quite fortunate to have the generous and unstinting support of many individuals since beginning this project as a graduate student at the University of Michigan. Without the help of many of these people and institutions, this book would not exist...

1. Rethinking the Constitutional Crisis of the 1930s: The Forgotten Doctrinal Roots of the Modern Welfare State

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pp. 1-35

In many scholars’ views, the modern American welfare state, with its myriad protections for workers and citizens, was born on March 29, 1937. On that date, the U.S. Supreme Court announced its ruling in West Coast Hotel v. Parrish, a case that later courts would interpret to eliminate the constitutional barriers to the states’ efforts to establish...

2. Generalized Balancing: The Early Struggles over Protective Labor Legislation

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pp. 37-75

This chapter analyzes the way that the courts in the United States dealt with protective legislation between 1873, when the Supreme Court decided Bradwell v. Illinois, ¹ and 1897, the year before the Court decided Holden v. Hardy. ² In this period, the nodes of conflict that were to consume the courts at the turn of the century began...

3. Specific Balancing: Regulating Labor and Laborers

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pp. 77-129

The years between 1898 and 1910 witnessed significant developments in the battle over protective labor legislation both with regard to general measures and with regard to laws aimed at protecting female workers. The initial debates of the late 1900s now developed into full-scale nodes of conflict with the increased participation...

4. Laborer-Centered Analysis: The Ascendancy of Women's Legislation

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pp. 131-182

This period of the study encompasses the most active time for consideration of women’s protective labor legislation and marks the point at development of doctrine. During these years, groups advocating for protective legislation worked directly in the legal arena, developing their agendas for research to address the legal categories that judges...

5. Gendered Rebalancing: Minimum Wages and the Battle over Equality

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pp. 183-239

This chapter addresses the final portion of the period of negotiation.The final period began with the Supreme Court’s controversial ruling in 1923 that the District of Columbia’s establishment of a minimum wage for women was unconstitutional. This ruling initiated a sustained debate over the legitimacy of minimum wages, which took place in the...

6. Reflecting on Gender, Due Process, and Constitutional Development

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pp. 241-273

At the beginning of the twenty-first century, we stand on a threshold, looking back into a collective past, seeking to imbue it with meaning. Many who consider themselves to be liberal see the recent past as the shredding of the legacy of the Warren Court and embrace the tattered remnants of a lost tradition of struggle. Many who consider themselves...

Appendix on Data and Methods

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pp. 275-276

Bibliography

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pp. 277-296

Cases Cited

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pp. 297-305

Index

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pp. 307-320