Progressive Law I. Progressivism A. Character B. The Labor Problem II. Protective Legislation A. Child labor B. Minimum wage-maximum hours C. Social Insurance III. Capital’s Response A. Open-shop drive B. Litigation IV. Judicial Reaction A. Laissez-faire B. Policing C. Criminal Law D. Injunction V. Law’s Effect on the Labor Movement A. Organizing B. Ideology C. Outlaws
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Progressive Law I.Progressivism A.Character B.The Labor Problem II.Protective Legislation A.Child labor B.Minimum wage-maximum hours C. Social Insurance.
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Progressive LawI. Progressivism
A. CharacterB. The Labor Problem
II. Protective LegislationA. Child laborB. Minimum wage-maximum hoursC. Social Insurance
III. Capital’s ResponseA. Open-shop driveB. Litigation
IV. Judicial ReactionA. Laissez-faireB. PolicingC. Criminal LawD. Injunction
V. Law’s Effect on the Labor MovementA. OrganizingB. IdeologyC. Outlaws
Character• People
– Professional class
– Educated
• Values– Public interest– Rule of law– Science,
expertise– Thrift,
efficiency
• Policies– Public services– Regulation
Representatives of the National Civic Federation, 1917
The “Labor Problem”
• Progressive goals– Help workers raise wages
– End violent strikes & lockouts
– Create cross-class political coalition to enact protective legislation
• Obstacles– Many reformers see unions
as selfish, tyrannical, & corrupt
– Unions see reformers as elitist, unrealistic Typical progressive view of
labor unions from Puck (1903)
Child labor• Extent
– In 1900, 2M children worked for wages
– 1/5th of all kids aged 10-16
– Percentage rose between 1880-1900
• Laws– North– Federal:
1916 Miner boys, Hughestown, Pa., circa 1908-12
Wages & Hours• Reformers seek laws
limiting the workweek
• AFL opposes
• Focus on classes of workers vested with some public interest– Bakers– Women
• Enforced by newly aggressive factory inspectors
Curt Muller’s laundry, Portland, Ore., c. 1900
Social Insurance
• Workers’ Compensation
• Unemployment insurance
• Pensions– Widows & orphans– Retirement (not until
1930s)
AALL founder, Prof. John Commons
Capital’s Response
• “Open-shop” drive– 1902-1905– Organizations
• National Association of Manufacturers
• American Anti-Boycott Association
– Seeks to uproot unions in metal, construction, trucking, & printing