A Law of Her Own: The Reasonable Woman as a Measure of Man Book

	Foreword	xiii
	Acknowledgments	xv
	Introduction	xvii
	A Note on Sources and Citation	xxii
I	The Idea and the Reality
1	Locked In and Locked Out	3
	The Legal Status of Women	4
	The Reasonable Person and the Status Quo	5
2	The Meaning of Equality	8
	Difference as a Double Bind	9
	The Sources of Difference	12
	Equality on Women's Terms	14
	The Reasonable Woman Applied	17
II	Sexual Harassment in the Workplace
3	Men, Women, and Sex at Work	23
	The Evolution of Hostile Environment Sexual Harassment	25
	Why Courts Should Adopt the Reasonable Woman Standard	28
4	How and Why Different Perspectives Matter in Hostile Environment Sexual Harassment Cases	34
	Why It Matters	34
	Love It or Leave It: Rabidue v. Osceola Refining Co.	35
	The Majority's Story	36
	The Dissent's Story	39
	Don't Try to Change Things: Robinson v. Jacksonville Shipyards, Inc.	42
	The Trial Judge's Story	44
	The Plaintiff's Experts	48
	The Defendant's Experts	50
	Can't You Take A Joke? Harris v. Forklift Systems, Inc.	55
	The Harris Facts	56
	Charles Hardy's Story	59
	The Magistrate's Story	61
	The Supreme Court Opinions	66
5	Gender, Race, Sexual Orientation, and the Reasonable Woman	70
	Female-on-Male Sexual Harassment	71
	Male-on-Male "Macho" Sexual Harassment	73
	Gay Men and Lesbians and Sexual Harassment	78
	The Reasonable Woman and Essentialism	83
	Questions and Complexities	93
6	The Reasonable Woman after Harris v. Forklift Systems	97
	Once a Model, Always a Model: Dellert v. Total Vision, Inc.	98
	Smoke Gets in Your Eyes: Baskerville v. Culligan International Company	103
	"My Girl": Eckroth v. Rockford Products Co.	109
	Whoever Heard of a Woman Truck Driver? Munday v. Waste Mgmt. of North America	111
	Making a Difference	119
III	Stalking
7	Stalking and the Gendered Meaning of Reasonable Fear	123
	Stalking Law	130
	Stalking Remedies	130
	Reasonable Fear--A Woman's Perspective	133
	Incorporating Women's Perspectives	135
8	The Continuum of Stalking, Sexual Harassment, and Domestic Homicide	138
	Stalking and Sexual Harassment	138
	The Love-Struck Stalker: Ellison v. Brady	139
	No Such Thing as an Unlisted Number: Fuller v. City of Oakland	144
	Stalking and Domestic Homicide	148
	"Sorry, Lady"	149
	Sometimes the Stalker Loses Too	151
IV	Domestic Homicide
9	Slips in a Dangerous Game	157
	The Spectrum of Domestic Violence	157
	Why People Kill Their Intimates	161
	The Law of Domestic Homicide	163
	Domestic Homicide and the Reasonable Woman	167
10	"Provoked" Intimate Homicide	170
	The Law of "Crimes of Passion"	172
	The Reasonable Woman and Passion/Provocation Homicide	175
	The Cases	178
	"There Are Murders and There Are Murders"	180
	A False Parity: The "Domestic Dispute"	183
	Blinders on Justice: People v. Berry	185
	Stalking Shows His Distress, Lessening the Crime: Farinas v. State	189
	Prepared for Deadly Rage: Moye v. State	192
	A Real Crime of Passion: "Rough Sex"	193
	On the Importance of Words	195
11	When Battered Women Kill	197
	The Law of Self-Defense	200
	When Battered Women Assert Self-Defense	203
	Damned If She Does: Commonwealth v. Stonehouse	207
	Sometimes They Get It (Almost) Right	214
	The Reasonable Woman and Self-Defense	216
V	Rape
12	Rape and the Use and Misuse of the Reasonable Woman	221
	The Law of Rape	226
	Women, Sex, and the Male Gaze	227
	Unrapeable Women	229
	How Can You Rape Your Own Wife?	232
	"She Asked for It"	234
	How Many Prostitutes Must He Rape before a Man Is a Rapist?	235
	Getting It Right	237
	What Would a Reasonable Woman Do?	239
	Postscript	241
	References	243
	Books, Journals, Articles, Briefs, and Reports	243
	Cases	252
	Statutes	254
	Index	255
	About the Authors	261