Description |
1 online resource (xii, 320 pages) : illustrations |
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text txt rdacontent |
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computer c rdamedia |
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online resource cr rdacarrier |
Physical Medium |
polychrome. rdacc http://rdaregistry.info/termList/RDAColourContent/1003 |
Description |
data file |
Series |
Book collections on Project MUSE.
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Bibliography |
Includes bibliographical references and index. |
Contents |
Rethinking the constitutional crisis of the 1930s : the forgotten doctrinal roots of the modern welfare state -- Generalized balancing : the early struggles over protective labor legislation -- Specific balancing : regulating labor and laborers -- Laborer-centered analysis : the ascendancy of women's legislation -- Gendered rebalancing : minimum wages and the battle over equality -- Reflecting on gender, due process, and constitutional development. |
Note |
Print version record. |
Language |
English. |
Access |
Use copy Restrictions unspecified star MiAaHDL |
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." |
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"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"--Publisher's description. |
Reproduction |
Electronic reproduction. [Place of publication not identified] : HathiTrust Digital Library, 2010. MiAaHDL |
System Details |
Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002. http://purl.oclc.org/DLF/benchrepro0212 MiAaHDL |
Processing Action |
digitized 2010 HathiTrust Digital Library committed to preserve pda MiAaHDL |
Subject |
Women -- Employment -- Law and legislation -- United States -- History.
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Labor laws and legislation -- United States -- History.
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Feminist jurisprudence -- United States.
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Féminisme et droit -- États-Unis.
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LAW -- Administrative Law & Regulatory Practice.
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SOCIAL SCIENCE -- Women's Studies.
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Labor laws and legislation
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Women -- Employment -- Law and legislation
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United States
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Genre/Form |
History
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Other Form: |
Print version: Constituting workers, protecting women. Ann Arbor : University of Michigan Press, ©2001 0472111981 (DLC) 00012900 |
ISBN |
9780472022861 (ebook) |
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0472022865 |
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1282423401 |
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9781282423404 |
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9786612423406 |
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6612423404 |
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0472111981 (cloth ; acid-free paper) |
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9780472111985 (cloth ; acid-free paper) |
Standard No. |
10.3998/mpub.17391 |
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AU@ 000051357644 |
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DEBBG BV043153213 |
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DEBSZ 421897546 |
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DKDLA 820120-katalog:999927653405765 |
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GBVCP 1003625886 |
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NZ1 13861565 |
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