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" ... the proprietors of these establishments and their operatives do not stand upon an equality, and that their interests are, to a certain extent, conflicting. The former naturally desire to obtain as much labor as possible from their employees, while... "
The Pacific Reporter - Seite 371
1898
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Law and the Shaping of the American Labor Movement

William E. Forbath - 1991 - 234 Seiten
...inequality of bargaining power between industrial worker and employer — see Holden, 169 US at 397 ("The proprietors lay down the rules and the laborers are practically constrained to obey them") — both the Supreme Court and other federal and state courts continued to reject that inequality as...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 135

California. Supreme Court - 1906 - 872 Seiten
...conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of...are practically constrained to obey them. In such a case self-interest is often an unsafe guide, and the legislature may properly interpose its authority."...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 144

California. Supreme Court - 1906 - 978 Seiten
...conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of...their judgment, fairly exercised, would pronounce detrimental to their health or strength. In other words, the proprietors lay down the rules and the...
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The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers ...

Howard Gillman - 1993 - 336 Seiten
...mines and their workers did not stand in equal relation to one another, the result being that employees "are often induced by the fear of discharge to conform...be detrimental to their health or strength. ... In such cases self-interest is often an unsafe guide, and the legislature may properly interpose its authority.......
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Private Rights and Public Illusions

Tibor R. Machan - 406 Seiten
...397). Note, however, that the Court supports its decision with the idea that in most labor disputes "the proprietors lay down the rules and the laborers are practically constrained to obey them" (p. 397). This is another way of asserting the thesis of unequal bargaining power. (More recently a...
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Terms of Labor: Slavery, Serfdom, and Free Labor

Stanley L. Engerman - 1999 - 364 Seiten
...extent, conflicting. The former naturally desire to obtain as much labor as possible from their employes, while the latter are often induced by the fear of...guide, and the legislature may properly interpose its authority.84 Brown came very close to saying that it was proper for the legislature to interpose its...
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Published Essays, 1929-1933

Eric Voegelin - 2003 - 262 Seiten
...work contracts that, if they were free, they would reject as dangerous and damaging to their health. "The proprietors lay down the rules, and the laborers...guide, and the legislature may properly interpose its authority.'"6 The argument that the worker is prevented from working as many hours as he would like...
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The Constitution and the New Deal

G. Edward White - 2002 - 408 Seiten
...By the last phrase Hughes meant regulations striking at unequal bargaining power, in contexts where "proprietors lay down the rules and the laborers are practically constrained to obey them." In such circumstances, Hughes maintained, "self-interest is often an unsafe guide and the legislature may properly...
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The Lost World of Classical Legal Thought: Law and Ideology in America, 1886 ...

William M. Wiecek - 2001 - 300 Seiten
...extent, conflicting. The former naturally desire to ohtain as much lahor as possible from their employes while the latter are often induced by the fear of...words, the proprietors lay down the rules, and the lahorers are practically constrained to ohey them. In such cases self,interest is often an unsafe guide,...
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American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - 2004 - 794 Seiten
...conflicting. The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of...strength." In other words, the proprietors lay down the ailes, and the laborers are practically constrained to obey them. In such cases self-interest is often...
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