Woloch lays out a very logical argument and looks at the constitutional issues with muller. November, 1856 october 5, 1941 was an american lawyer and associate justice on the supreme court of the united states from 1916 to 1939. Oregon was a landmark court case that took place in 1908. Three years after lochner v new york the supreme court, in a 90 decision, upholds a law restricting the number of hours a woman could work as a reasonable a. Since the state has a compelling interest in protecting the health of women, the fourteenth amendment does not prevent it from restricting their working hours. In 1911 goldmark served with frances perkins, robert wagner, alfred e. Wolochs comprehensive narrative familiarizes readers with progressive reform, the case itself, and the conflict muller generated within the womens movement over the issue of classification by gender. Under the law passed in 1903, a woman could not work more than ten hours a day.
Which of the following was in large part a consequence of upton sinclairs 1906 book the jungle. Oregon summary, chapterbychapter analysis, book notes, essays, quotes, character descriptions, lesson plans, and more everything you need for studying or teaching muller v. In 1908, brandeis defended the state of oregon before the court in a case involving oregon s maximumhour law for working women. Muller is important to the history and theory of feminism for two reasons. In reaching its decision, the court considered scientific evidence showing the harmful effects of long working hours. August 24, 2016 theodore roosevelt and his children. The oregon law stated that women could not work more than ten hours a day in jobs associated with factories and laundries. Contributor names brewer, david josiah judge supreme court of the united states author created published 1907 subject headings. On february 19, 1903, the legislature of the state of oregon passed an act session laws, 1903, p. Oregon i ratifying protec tive legislation for women has led a varied life.
Upton sinclairs 1906 novel, the jungle, was that kind of book. Her books include women and the american experience and muller v. Supreme court case decided in 1908 that, although it appeared to promote the health and welfare of female workers, in fact led to additional protective legislation that was detrimental to equality in the workplace for years to come. The major issue of the court case was an oregon law passed in 1903 that set a maximum of ten hours a day for women employed in factories and laundries. Oregon womens right why it was an issue of national importance the muller v. Allowing the state of oregon to enact workplace legislation protecting only women, the u. Writing in 1787, the framers of the constitution reserved to the states broad powers to deal with matters of health, safety, morals, and welfare. Oregon at the turn of the twentieth century, a bourgeoisie fixation on capitalistic structures and mass consumerism often juxtaposed the call for meritocracy, thus placing some individuals at an advantage over others. Wolochs comprehensive narrative familiarizes readers with progressive reform, the case itself, and the conflict muller generated within the womens. On september 4, 1905, he required a female employee to work more than ten hours in a single day. He attended harvard law school, graduating at the age of 20. We may therefore say with perfect confidence that, with these three sections upon the statute book, the wife can deal, not only with her separate property, acquired from whatever source, in the same manner as her husband can with property belonging.
Theyd been perturbed, fifteen years earlier, by the decision in muller v. Nancy woloch has written, as the title suggest, brief history of muller v. We may therefore say with perfect confidence that, with these three sections upon the statute book, the wife can deal not only with her separate property, acquired from whatever source. Women are both persons and citizens, the brief for curt muller, 1907. Oregon enacted a law that limited women to ten hours of work in factories and laundries. Oregon examines a moment in which constitutional history, womens history, and progressive politics converged.
Introduction allowing the state of oregon to enact workplace legislation protecting only women, the u. Oregon a brief history with documents 1st edition 9780312085865 and save up to 80% on textbook rentals and 90% on used textbooks. Oregon s legislature passed a law which limited the working hours of female employees. That the new york law establishing a tenhour day for bakers was unconstitutional this tragedy will result in the death of 146 young immigrant women in new york city when the doors of their textile factory will be locked and a fire breaks out 1911. Oregon in 1908 the supreme court unanimously upheld an oregon law that set a tenhour limit on the workdays of women in factories and laundries. The posed question was whether womens liberty to negotiate a contract with an employer should be equal to a mans. The state supreme court upheld the laws constitutionality. Oregon, the supreme court upheld the constitutionality of an oregon state statute prohibiting women from working more than te. Oregon, a case that pitted a laundry owner against a state law that forbade working female employees longer than 10 hours. Woloch retells the history of protective legislation as a scholarly pageturner, complete with close calls and near misses, false hopes and unintended consequences. Oregon in 1908, and, after felix frankfurters appointment to the supreme court in 1916, she frequently served him in a similar capacity. Women are both persons and citizens, the brief for curt muller, 1907 8.
Childrens hospital 1923 the womens movement in the early 1920s. 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. Soon after, court battles were won in other states. In 1908 the supreme court unanimously upheld an oregon law that set a ten. The 750 women employees at the ritchie paperbox manufacturing com pany were enabled to arrive home with more leisure to read about the travails of the chicago working class. Oregon, 1st edition macmillan learning for instructors. Oregon case was among the most crucial supreme court cases in the u. Muller v oregon us constitutional law legal education. May contain markings such as bookplates, stamps, limited notes and highlighting, or a few light stains. Use features like bookmarks, note taking and highlighting while reading muller v. The epic, surprisingly sexist fight that brought the minimum. Using lawyers briefs, arguments over singlesex protective laws, and other major court decisions, nancy woloch examines a moment in which constitutional history.
The case held an oregon law that limited the working days for female wage employees to a maximum of ten hours. He was born in louisville, kentucky, to jewish immigrant parents from bohemia now in the czech republic, who raised him in a secular home. Contributor names brewer, david josiah judge supreme court of the united states author. A brief history with documents bedford cultural editions series.
It was noteworthy both for its length1 pagesand its contents. Oregon imposed a law that prohibited businesses from making female employees work shifts of longer than 10 hours. Reviewed by reva siegelt the supreme courtsdecision in muller v. In 1908 the supreme court unanimously upheld an oregon law that set. It was based on an oregon law that was passed in 1903 that set working hours for women. Oregon 1st edition nancy woloch macmillan learning. Using lawyers briefs, arguments over singlesex protective laws, and other major court decisions, muller v. Despite the small penalty, muller appealed the conviction. The first half deals with the history of muller and the second half gives primary documents related to muller and the time period. Curt muller was convicted of violating the statute when he required a woman to work over the limit at his laundry facility. President roosevelt supported passage of the meat inspection act. In this case, curt muller owned a laundry business.
Oregon accepted womens greater need for protection as a fact established by social science research. A debate in life and labor, marguerite mooers marshall versus rose. Alina mendez section b10 february 9, 2015 paper number one. Due to its large file size, this book may take longer to download. Oregon was a supreme court case decided on february 24, 1908. In 1908 the supreme court unanimously upheld an oregon law that set a tenhour limit on the workdays of women in factories and laundries. Oregon 1908 addressed the important question of how far state governments could go in regulating the impact of the latenineteenthcentury industrial revolution on labor and women. The case upheld oregon state restrictions on the working hours of women as justified by the special state interest in protecting womens health. After a twopage discussion disposed of the handful of applicable legal precedents, the remainder of the brief summarized the statutes restricting womens working hours that had. Women were provided by state mandate, lesser workhours than inciweb oregon contents natural resource incidents use our. Supreme court case in which the court considered whether a state could limit the amount of hours a woman could work while not also limiting the hours of men.
The first brief book on the landmark 1908 supreme court decision that limited a womans workday to ten hours, this text offers a concise analysis of the origins and impact of muller v. Using lawyers briefs, arguments over singlesex protective laws, and other major court decisions, nancy woloch examines a moment in which constitutional history, womens history, and progressive politics converged. Download it once and read it on your kindle device, pc, phones or tablets. Oregon to uphold a state statute limiting the hours of working women. The dangers of long hours, from the brandeis brief, 1908 7. The first brief book on the landmark 1908 supreme court decision that limited a womans workday to ten hours, this text offers a concise analysis of the origins. In reaching its decision, the court considered scientific evidence showing the harmful effects. First, it is known for the brandeis brief filed on behalf of the state of oregon by. A debate in life and labor, marguerite mooers marshall versus rose schneiderman, 1920. As said by chief justice wolverton, in first national bank v. Supreme court unanimously upheld oregon state law restricting womens working hours to 10 per a day. It is the law of oregon that women, whether married or single, have equal contractual and personal rights with men.
1071 1223 311 571 1387 1229 1402 1312 319 1286 1191 218 586 251 1215 154 47 1192 947 509 219 1507 1033 1478 969 1320 1382 563