| S. J. Kleinberg - 1999 - 604 Seiten
...was a legitimate exercise of state power. Muller vs. Oregon distinguished women from other workers. "Woman's physical structure and the performance of...at a disadvantage in the struggle for subsistence." Woman was "in a class by herself." the Supreme Court observed, so that: "legislation designed for her... | |
| Deborah L. Rhode - 1989 - 444 Seiten
...disclosed that "woman has always been dependent on man," and biology insured that she always would be: "That woman's physical structure and the performance...especially true when the burdens of motherhood are upon her . . . The physical well-being of women becomes an object of public interest and care in order to preserve... | |
| Yoram Dinstein - 1989 - 376 Seiten
...In upholding a state statute limiting the hours women were permitted to work the Court proclaimed: That woman's physical structure and the performance...the struggle for subsistence is obvious . . . This difference justifies a difference in legislation and upholds that which is designed to compensate for... | |
| Ellen Frankel Paul, Howard Dickman - 1990 - 360 Seiten
...not encompassed by the liberty in question. The justification for this legislation was very simple. "That woman's physical structure and the performance...disadvantage in the struggle for subsistence is obvious." 105 In this regard, the Court had the benefits of the famous "Brandeis brief," which provided extensive... | |
| Bernard L. Brock, Robert Lee Scott, James W. Chesebro - 1989 - 524 Seiten
...prescribing her '•Judicial opinions upholding discriminatory legislation make this quite evident. "That woman's physical structure and the performance...disadvantage in the struggle for subsistence is obvious ... the physical well-being of woman becomes an object of public interest and care in order to preserve... | |
| Sally Jane Kenney - 1992 - 392 Seiten
...upon the future "well-being of the race." 124 The Court accepted the arguments of the Brandeis brief: That woman's physical structure and the performance...true when the burdens of motherhood are upon her. ... Still again, history discloses the fact that woman has always been dependent upon man. He established... | |
| Susan Moller Okin - 1979 - 428 Seiten
...opinion, as in the brief, woman's physical differences from men are conflated with her "proper functions": "That woman's physical structure and the performance...a disadvantage in the struggle for subsistence is obvious."2» Here, the Court purports to be reasoning in a totally ahistorical way, and makes no reference... | |
| Robert H. Blank - 1994 - 252 Seiten
...endorsed laws restricting only the employment of women as permissible for the "benefit of all." That a woman's physical structure and the performance of...especially true when the burdens of motherhood are upon her ... as healthy mothers are essential to vigorous offspring, the physical well-being of women becomes... | |
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