Download Constituting Workers, Protecting Women: Gender, Law and by Julie Lavonne Novkov PDF
By Julie Lavonne Novkov
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Extra info for Constituting Workers, Protecting Women: Gender, Law and Labor in the Progressive Era and New Deal Years
Likewise, rulings in the state high courts often had as great an impact as those issued by the Supreme Court, particularly in the early years. Attention to these factors brings into focus much more clearly the nature of both liberty and police power in their intimate and problematic connections to gender. Throughout this work, the role of liberty is not a static concept but is in question at each moment. The book will demonstrate throughout how liberty was connected to the individuals who held the guarantee of due process and how judges understood individuals’ capacities to exercise liberty.
More importantly, they had to deal with the heightened reactivity of a system that encouraged sustained participation in the production of legal concepts not only from the bar but from lay advocates as well (Epp 1999, 265). While judges have the authority to change the arguments substantially from the form in which the attorneys have presented them, a court’s opinion will usually bear the mark of the briefs. As the courts accept certain kinds of legal language and reject others, they subtly or dramatically change the legal categories into which attorneys must fit their next rounds of legal arguments.
When the entire group of opinions is taken together, 94 of them support protective legislation under the state and/or federal constitutions, while 57 strike down such legislation (62 percent and 38 percent, respectively). Separating the cases into one group that involves protective legislation generally and another group that involves only protective legislation for women reveals a stark difference. While courts considering general protective labor legislation upheld it about half the time, they upheld such statutes limited to women almost 80 percent of the time.