Sample Law Paper on Muller v. Oregon

In 1903AD Oregon enacted a law which restricted ladies or women from working more 10 hours per day .Curt Muller the owner the of Grand Laundry was arrested and charged for breaking Oregon law by forcing a female employee Emma Gotcher unionist and wife of a leader of the Shirtwaist and Laundry workers` Union to work for more than 10 hours per day against the law which was set by State. He was found guilty and fined $10 which forced him make appeal to the Supreme Court of Oregon which affirmed that conviction forcing Muller to present his case before the Supreme Court of  United States of America

By a 9-0 vote, the United State Supreme Court`s decision favored Oregon law and the judgment of the Supreme Court of Oregon. That judgment was made by the following Justices: Melville Fuller, John M. Harlan, David J. Brewer, Edward D. White, Rufus W. Pecham, Joseph McKenna, Oliver W. Holmes Jr, William R. Day, and William H. Moody. It was one of important case since it penetrated up to the United States Supreme Court due to the facts which were been discussed, the constitutional principles, the court`s decision, and the impact on society as it triggered the debate of equality between men and women.

Justice David Brewer pointed out that State is able to limit on individuals rights without it coming in contact with the 14th Amendment. He stated that each sex should have its own set of rules. Basically stating that men are inferior to women. Muller`s attorney for appeal was William Fenton, while presenting his case, he emphasized  that women as law abiding citizens, have same rights and privileges as men, meaning they have freedom to make bargains and to contract as they wish. While his aim was to stop state from controlling any economic activity, it also stressed the sentiment of feminists the likes of Clara Colby who wrote in her Woman`s Tribune “the state has no right to lay any disability upon woman as individual”

Several reform advocates the likes of Florence Kelley agrees with that fact that protection of women would open the door for greater protection of state workers. Samuel Gompers the leader of America Federation used the same ruling to press for working hours for men and pushed for better payment for all men in what he called `living wages` which could enable families to survive without expecting any wages from women.

As we conclude, all workers today enjoy many privileges in form of; minimum wages, payment of overtimes, enforced break times, provision of personal protective clothes (P.P.Es), pensions and many more all which came after that landmark rulings. I would support the ruling which was made by the Supreme Court of United States.



Brianna McKnigh Prezi 3/26/2014

David E. Bernstein, Lochner`s Femist Legacy,101 MICH.L.REV.1960(2003).

Erickson, Nancy S. “Muller v. Oregon Reconsidered: The Origins of a Sex-Based Doctrine of           Liberty of Contract. “Labor History 30(1989), 228-50

Hart, Vivien. Bound by our Constitution: Women, Workers, and the Minimum Wage. Princeton, N.J.; Princeton University.