The Supreme Court and Minimum Wage Legislation: Comment by the Legal Profession on the District of Columbia CaseNew Republic, Incorporated, 1925 - 287페이지 |
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45개의 결과 중 1 - 5개
xii 페이지
... reasonable once for all by spinning out a series of definite detailed rules or by establishing hard and fast conceptions . Thus , more than anything else , this misconception of the nature of the legal precepts involved has been the ...
... reasonable once for all by spinning out a series of definite detailed rules or by establishing hard and fast conceptions . Thus , more than anything else , this misconception of the nature of the legal precepts involved has been the ...
xviii 페이지
... so , not from any legal knowledge , but from his sense of what is reasonable and fair , derived from his experience . So it is when the Constitution prescribes a standard . A constitutional standard is no more to xviii INTRODUCTION.
... so , not from any legal knowledge , but from his sense of what is reasonable and fair , derived from his experience . So it is when the Constitution prescribes a standard . A constitutional standard is no more to xviii INTRODUCTION.
xxii 페이지
... reasonable " as something absolutely given . It has been treated as something which a judge could take as a premise for legal reasoning , whereas what was taken for a starting point was often what had to be determined . An ideal ...
... reasonable " as something absolutely given . It has been treated as something which a judge could take as a premise for legal reasoning , whereas what was taken for a starting point was often what had to be determined . An ideal ...
30 페이지
... reasonable degree of accuracy . What is suf- ficient to supply the necessary cost of living for a woman worker and maintain her in good health and protect her morals is obviously not a precise or unvarying sum - not even ap- proximately ...
... reasonable degree of accuracy . What is suf- ficient to supply the necessary cost of living for a woman worker and maintain her in good health and protect her morals is obviously not a precise or unvarying sum - not even ap- proximately ...
51 페이지
... reasonable and valid , and , when the Supreme Court in effect reversed the Lochner case . Ritchie v . People , 155 Ill . 98 , 40 N. E. 454 , 29 L. R. A. 79 , 46 Am . St. R. 315 ( 1895 ) ; People v . Elerding , 254 Ill . 579 , 98 N. E. ...
... reasonable and valid , and , when the Supreme Court in effect reversed the Lochner case . Ritchie v . People , 155 Ill . 98 , 40 N. E. 454 , 29 L. R. A. 79 , 46 Am . St. R. 315 ( 1895 ) ; People v . Elerding , 254 Ill . 579 , 98 N. E. ...
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Act of Congress Adkins amount of wages Appeals arbitrary authority Bunting Chief Justice Taft constitutional constitutionality cost of living decision declared difference dissenting opinion District of Columbia due process economic employed employer employment enact equally fact Fifth Amendment fix a maximum forbidding Fourteenth Amendment freedom of contract health and morals hours of labor individual interference invalid judicial Justice Brandeis Justice Holmes Justice Sutherland justify Kansas Law Review legis legislature liberty of contract living wage Lochner low wages ment mini Minimum Wage Board minimum-wage law minimum-wage legislation Muller Nineteenth Amendment number of hours occupation Oregon overruled paid payment of wages person police power power to fix prescribing principle process of law providing question reasonable regulation require restraint restrictions social standard Stettler supra Supreme Court sustained theory tice tion tional unconstitutional United unreasonable upheld validity vote wage law wage legislation wages for women woman
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247 페이지 - When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
xiii 페이지 - That government is, or ought to be instituted for the common benefit, protection, and security of the people, nation, or community ; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration...
104 페이지 - It is made for people of fundamentally differing views, and the accident of our finding certain opinions natural and familiar, or novel and even shocking, ought not to conclude our judgment upon the question whether statutes embodying them conflict with the Constitution of the United States.
199 페이지 - But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist...
64 페이지 - The right of a person to sell his labor upon such terms as he deems proper is, in its essence, the same as the right of the purchaser of labor to prescribe the conditions upon which he will accept such labor from the person offering to sell it.
246 페이지 - There is, of course, no such thing as absolute freedom of contract. It is subject to a great variety of restraints. But freedom of contract is, nevertheless, the general rule and restraint the exception, and the exercise of legislative authority to abridge it can be justified only by the existence of exceptional circumstances.
184 페이지 - This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that to be my duty, because I strongly believe that my agreement or disagreement has nothing to do with the right of a majority to embody their opinions in law.
246 페이지 - Included in the right of personal liberty and the right of private property — partaking of the nature of each— is the right to make contracts for the acquisition of property. Chief among such contracts is that of personal employment, by which labor and other services are exchanged for money or other forms of property. If this right be struck down or arbitrarily interfered with, there is a substantial impairment of liberty in the long-established constitutional sense.
251 페이지 - Statutes of the nature of that under review, limiting the hours in which grown and intelligent men may labor to earn their living, are mere meddlesome interferences with the rights of the individual...
245 페이지 - In all such particulars the employer and the employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in a free land.