...disposition and habits of life which will operate against a full assertion of [civil] rights'. Woman is 'properly placed in a class by herself, and legislation...legislation is not necessary for men and could not be sustained'.75 For women, the terms of the sexual contract ensure that all men, and not just craftsmen,...

...struggle for subsistence." Woman was "in a class by herself." the Supreme Court observed, so that: "legislation designed for her protection may be sustained,...not necessary for men and could not be sustained." The Court believed that women looked to men for protection. "Her physical structure and a proper discharge...

...interest and care in order to preserve the strength and vigor of the race." As a result, a woman may be "properly placed in a class by herself, and legislation...not necessary for men and could not be sustained." 13 A concept of externalities also explains the Supreme Court's seemingly odd defections from liberty...

...brief was unique only in the amount of sociological and scientific evidence included (Erickson, 20). properly placed in a class by herself, and legislation...not necessary for men and could not be sustained. 125 Muller was thus part of a chain of legal precedents that found that the differences between the...

...the viewpoint of the effort to maintain an independent position in life, she is not upon an equality. Differentiated by these matters from the other sex, she is properly placed in a class by herself. . . .*• First, the reliance on man's superior physique as a truth of universal and fixed importance...

...day in any factory or laundry. The Muller decision resolved this discrepancy by stating that a woman "is properly placed in a class by herself, and legislation...not necessary for men and could not be sustained" (at 419). In this first case involving a sex-based protective law to reach the US Supreme Court the...

...Supreme Court endorsed the legal argument in the Brandeis/Goldmark brief, concluding that "[woman] is properly placed in a class by herself, and legislation...not necessary for men and could not be sustained." 39 But the Court's rationale for the decision departed from that presented in the reformers' brief....

...still true that in the struggle for subsistence she is not an equal competitor with her brother. . . . Differentiated by these matters from the other sex,...not necessary for men, and could not be sustained. . . . The limitations which this statute places upon her contractual powers, upon her right to agree...

...for a long time on her feet at work, repeating this from day to day, tends to injurious effects on the body, and, as healthy mothers are essential to...legislation is not necessary for men, and could not be sustained.200 Where did American judges of the early twentieth century get these ideas about women's...

...body, and, as healthy mothers are essential to vigorous offspring, the physical well-being of women becomes an object of public interest and care in order...matters from the other sex, she is properly placed in a " Ibid., pp. 556-57. class by herself, and legislation designed for her protection may be sustained,...