Muller v. Oregon A Brief History with

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.

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.

Foreword

v

Preface

vii

PART ONE ``Entering Wedge'': Muller v. Oregon and Its Legacy

1

(90)

Introduction

3

(2)

The Rise of Protective Laws

5

(16)

The Campaign for Protection

7

(5)

Constitutional Issues

12

(3)

Hours Laws and the Courts

15

(3)

The Bakeshop Case, 1905

18

(3)

``The Facts of Common Knowledge,'' 1908

21

(20)

Florence Kelley, the NCL, and the ``Right to Leisure''

22

(4)

Louis D. Brandeis and the ``Living Law''

26

(2)

The Brandeis Brief

28

(5)

The Brief for Muller

33

(2)

Justice Brewer's Opinion

35

(6)

From Muller to Adkins, 1908--1923

41

(17)

New Brandeis Briefs

41

(2)

Fatigue and Efficiency

43

(2)

Bunting v. Oregon (1917)

45

(2)

``A Living Wage''

47

(4)

``The Heart of the Contract,'' 1923

51

(7)

Legacy: Labor Law, Women's Politics, and Protective Policies

58

(33)

The Women's Movement in the 1920s

58

(3)

Protection Triumphant: The New Deal and After

61

(5)

Protection Dismantled: Title VII and After

66

(5)

Muller Revisited

71

(20)

PART TWO The Documents

91

(106)

Ritchie v. People (1895)

93

(4)

Holden v. Hardy (1898)

97

(2)

Lochner v. New York (1905)

99

(6)

``The Right to Leisure,''

105

(3)

Florence Kelley

``The Opportunity in the Law,''

108

(1)

Louis D. Brandeis

``The Dangers of Long Hours,'' From the Brandeis Brief, 1908

109

(24)

``Women Are Both Persons and Citizens,'' The Brief for Curt Muller, 1907

133

(11)

Muller v. Oregon (1908)

144

(6)

Bunting v. Oregon (1917)

150

(2)

A Living Wage in Oregon

152

(5)

Caroline J. Gleason

Adkins v. Children's Hospital (1923)

157

(9)

The Women's Movement in the Early 1920s

166

(19)

A Debate in Life and Labor

166

(4)

Marguerite Mooers Marshall

Rose Schneiderman

Twenty Questions about the ERA

170

(4)

Florence Kelley

A Debate in the Nation

174

(4)

Harriot Stanton Blatch

Clara Mortenson Beyer

A Debate in the Forum

178

(7)

Doris Stevens

Alice Hamilton

West Coast Hotel Co. v. Parrish (1937)

185

(4)

United States v. Darby (1941)

189

(8)

APPENDICES

Chronology: Major Hours and Wages Cases, 1895--1941

190

(2)

In Search of Muller: Suggested Reading

192

(5)

Index

197

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Muller v. Oregon A Brief History with Documents

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