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Law of Her Own The Reasonable Woman as a Measure of Man

ISBN-10: 0814726771
ISBN-13: 9780814726778
Edition: 2001
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Description: Works such as A Law of Her Own expose the injustices in our society, provide different perspectives, and stimulate discussion. . . . Forell and Matthews' contribution to the debate should not be overlooked.-Law & LifeDespite the apparent progress in  More...

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Book details

List price: $27.00
Copyright year: 2001
Publisher: New York University Press
Publication date: 5/1/2001
Binding: Paperback
Pages: 261
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 0.836
Language: English

Works such as A Law of Her Own expose the injustices in our society, provide different perspectives, and stimulate discussion. . . . Forell and Matthews' contribution to the debate should not be overlooked.-Law & LifeDespite the apparent progress in women's legal status, the law retains a profoundly male bias, and as such contributes to the pervasive violence and injustice against women.InA Law of Her Own, the authors propose to radically change law's fundamental paradigm by introducing a "reasonable woman standard" for measuring men's behavior. Advocating that courts apply this standard to the conduct of men-and women-in legal settings where women are overwhelmingly the injured parties, the authors seek to eliminate the victimization and objectification of women by dismantling part of the legal structure that supports their subordination.A woman-based legal standard-focusing on respect for bodily integrity, agency, and autonomy-would help rectify the imbalance in how society and its legal system view sexual and gender-based harassment, rape, stalking, battery, domestic imprisonment, violence, and death.Examining the bias of the existing "reasonable person" standard through analysis of various court cases and judicial decisions,A Law of Her Ownaims to balance the law to incorporate women's values surrounding sex and violence.

Caroline Forell is Professor of Law at the University of Oregon.

Foreword
Acknowledgments
Introduction
A Note on Sources and Citation
The Idea and the Reality
Locked In and Locked Out
The Legal Status of Women
The Reasonable Person and the Status Quo
The Meaning of Equality
Difference as a Double Bind
The Sources of Difference
Equality on Women's Terms
The Reasonable Woman Applied
Sexual Harassment in the Workplace
Men, Women, and Sex at Work
The Evolution of Hostile Environment Sexual Harassment
Why Courts Should Adopt the Reasonable Woman Standard
How and Why Different Perspectives Matter in Hostile Environment Sexual Harassment Cases
Why It Matters
Love It or Leave It: Rabidue v. Osceola Refining Co.
The Majority's Story
The Dissent's Story
Don't Try to Change Things: Robinson v. Jacksonville Shipyards, Inc.
The Trial Judge's Story
The Plaintiff's Experts
The Defendant's Experts
Can't You Take A Joke? Harris v. Forklift Systems, Inc.
The Harris Facts
Charles Hardy's Story
The Magistrate's Story
The Supreme Court Opinions
Gender, Race, Sexual Orientation, and the Reasonable Woman
Female-on-Male Sexual Harassment
Male-on-Male "Macho" Sexual Harassment
Gay Men and Lesbians and Sexual Harassment
The Reasonable Woman and Essentialism
Questions and Complexities
The Reasonable Woman after Harris v. Forklift Systems
Once a Model, Always a Model: Dellert v. Total Vision, Inc.
Smoke Gets in Your Eyes: Baskerville v. Culligan International Company
"My Girl": Eckroth v. Rockford Products Co.
Whoever Heard of a Woman Truck Driver? Munday v. Waste Mgmt. of North America
Making a Difference
Stalking
Stalking and the Gendered Meaning of Reasonable Fear
Stalking Law
Stalking Remedies
Reasonable Fear--A Woman's Perspective
Incorporating Women's Perspectives
The Continuum of Stalking, Sexual Harassment, and Domestic Homicide
Stalking and Sexual Harassment
The Love-Struck Stalker: Ellison v. Brady
No Such Thing as an Unlisted Number: Fuller v. City of Oakland
Stalking and Domestic Homicide
"Sorry, Lady"
Sometimes the Stalker Loses Too
Domestic Homicide
Slips in a Dangerous Game
The Spectrum of Domestic Violence
Why People Kill Their Intimates
The Law of Domestic Homicide
Domestic Homicide and the Reasonable Woman
"Provoked" Intimate Homicide
The Law of "Crimes of Passion"
The Reasonable Woman and Passion/Provocation Homicide
The Cases
"There Are Murders and There Are Murders"
A False Parity: The "Domestic Dispute"
Blinders on Justice: People v. Berry
Stalking Shows His Distress, Lessening the Crime: Farinas v. State
Prepared for Deadly Rage: Moye v. State
A Real Crime of Passion: "Rough Sex"
On the Importance of Words
When Battered Women Kill
The Law of Self-Defense
When Battered Women Assert Self-Defense
Damned If She Does: Commonwealth v. Stonehouse
Sometimes They Get It (Almost) Right
The Reasonable Woman and Self-Defense
Rape
Rape and the Use and Misuse of the Reasonable Woman
The Law of Rape
Women, Sex, and the Male Gaze
Unrapeable Women
How Can You Rape Your Own Wife?
"She Asked for It"
How Many Prostitutes Must He Rape before a Man Is a Rapist?
Getting It Right
What Would a Reasonable Woman Do?
Postscript
References
Books, Journals, Articles, Briefs, and Reports
Cases
Statutes
Index
About the Authors

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