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

Index

Index 255 Abrams, Kathryn, 15, 31–32 Admissibility of evidence, 187. See also Evidence Adultery. See Passion/provocation killings Attitude follows behavior, 71 Autonony, 171, 196; as demon possession , 182; as violations of male rights, 171 Bartlett, Katharine, 241 Baskerville v. Culligan International Company, 103, 109 Battered woman syndrome, 160, 198; can be pertinent to credibility, 214; disadvantages women of certain character, race, or class, 204, 205; expert testimony , 212; inapplicable in many cases, 211, 217; learned helplessness, 160; minimizes the actual harm, 204; pathologizing battered women who kill, 160, 203, 204; asking why she didn ’t “just” leave, even when she did, 160, 198, 211 Battered women, 158, 180; resources available, 158, 161 Battered Women’s Justice Center, Pace University, 158 Battered women who kill, 161, 199; admissibility of victim’s previous violence, 213; conviction rates, 201; decline correlates to resource, 161; disproportionate physical strength, 202, 212; effect of reasonable woman standard, 202, 206, 214, 216; failure of the system, 204, 206, 207; false beliefs about, 203, 206; heightened ability to assess risk, 199; most common circumstances, 203, 205; progress toward achieving justice, 215, 216, 218; self-defense claims, 4, 7, 163; State v. Wanrow, 202; testimony about battering and its effects, 217; the double bind, 206 Batterers, 161; ability to control their own behavior, 162, 169 Beezer, Judge Robert, 140 Belief systems, of men who harass and men who don’t, 171 Bennett v. Corroon & Black Corp., 106 Bernstein, Anita, 16 Blackmun, Justice Harry, 230 Blackstone, William, 162, 197 Bradfield, Jennifer, 126 Bradwell v. Illinois, 6 Brennan, Justice William, 5 Brownmiller, Susan, 235 Butler, John Sibley, 71 Calabresi, Judge Guido, 8, 90, 91, 242 Capacity for controlling violent emotions and actions, 175, 191 Commonwealth v. Stonehouse, 151, 198, 207 Consent, 223 Constructive discharge, 115 Credibility, 116, 193; of the female victim , 194; of the male killer, 193 Decision makers, 147; effect of gender, 147; need for adequate information, 148 Declaration of Independence, 4 Dellert v. Total Vision, Inc., 98 Difference, relational nature of, 84, 85; gender differences in perception of sexual harassment, 50 Difference and sameness, 9, 12, 13, 14, 15, 16, 17; social and biological factors , 14 Dobash, R. Emerson and Russell P., 157, 159 “Domestic discount,” 171 Domestic homicide. See Battered women who kill; Intimate homicide; Passion/provocation killings; Womankilling by intimates “Domestic mark up”: blaming women who kill in self defense, 198 Domestic violence, 4; spectrum of, 157, 161, 166; and stalking, 148. See also Battered women Domination and sexual harassment, 30, 70; abuse of power through sex, 30; as a gendered phenomenon, 70; perpetuation of gender inequality and legal bias, 32, 70; of women generally, 3, 13 Dressler, Joshua, 177 Eckroth v. Rockford Products Co., 109 Ehrenreich, Nancy, 6 Ellison v. Brady, 138–139 Empathy, importance of, 119 Ending a violent relationship, 199; as provocation for attacks, 211; severe aggression or reprisal, 199, 206, 207; unprecedented danger, 199, 208 English law, eighteenth century, 197; William Blackstone, 197; foundation for American law, 197; husband’s right to beat or kill his wife, 197; no self-defense by woman against “lord and master ,” 197; unacknowledged basis for domestic homicide, 197 Equal Employment Opportunity Commission draft guidelines on harassment, 86 Esmonde, Donn, 234 Essentialism and the reasonable woman, 83–93, 94 Estrich, Susan, 23, 223, 224, 225, 227 Evidence, 187; and the reasonable woman, 68 Experience. See Women’s perspective and experience Expert witnesses, 30, 63; in sexual harassment cases, 30–31, 48–51, 63. See also Battered woman syndrome Fatal Attraction(movie). See Stalking as portrayed by Hollywood Fiske, Professor Susan, 30, 48, 49, 50 Frontiero v. Richardson, 5 Fuller v. City of Oakland, 138, 139, 144, 145–147 Gay men. See Male-on-male sexual harassment Gender and stalking, 134; blaming the (usually female) target, 126; contextual and cumulative terrorism, 123, 124, 139, 151; “creates a psychological prison,” 133; and domestic violence, 125, 134, 135; failure of the law, 149–150; gender variance in types of stalkers, 134–135; holding the stalker responsible, 151; intersectionality, 125, 126; and sexual harassment, 129; viewed from male perspective, 123, 126; what constitutes reasonable fear, 133 Gilligan, Carol, 14 Ginsburg, Justice Ruth Bader, 26, 66, 67, 68 Gutek, Barbara, 23, 29, 30, 31, 72 Harris, Angela, 231 Harris v. Forklift Systems, Inc., 26, 27, 28, 55–69, 79–80, 87, 100; heterosexual bias in standard, 79; subjective and objective tests, 100 Higgins, Tracy and Deborah Tolman, 221, 239 Hill, Anita, 24, 25, 26, 87, 88, 105 Homicide, 172, 200; felony...