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oapen-20.500.12657-641452023-07-28T03:06:53Z Constituting Works, Protecting Women Novkov, Julie Law History - American History Political Science - American Politics Gender Studies - Women's Studies Class Studies bic Book Industry Communication::J Society & social sciences::JF Society & culture: general::JFS Social groups::JFSJ Gender studies, gender groups Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning. 2023-07-27T13:58:10Z 2023-07-27T13:58:10Z 2001 book ONIX_20230727_9780472904211_36 9780472904211 9780472111985 https://library.oapen.org/handle/20.500.12657/64145 eng application/pdf application/epub+zip Attribution-NonCommercial 4.0 International Attribution-NonCommercial 4.0 International 9780472904211.pdf 9780472904211.epub University of Michigan Press 10.3998/mpub.17391 10.3998/mpub.17391 e07ce9b5-7a46-4096-8f0c-bc1920e3d889 b5941080-3f20-4864-95c6-753acff7c9f4 9780472904211 9780472111985 Big Ten Open Books Ann Arbor [...] Big Ten Open Books Big Ten Open Books — Gender and Sexuality Studies Collection Big Ten Academic Alliance open access
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Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning.
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