- Title Pages
- Introduction: A Short History of Sexual Harassment
- 1 What Feminist Jurisprudence Means to Me
- 2 Perspective on Sexual Harassment Law
- 3 Alexander v. Yale University An Informal History
- 4 Eradicating Sexual Harassment in Education
- 5 The Ecology of Justice
- 6 Consensual Sex and the Limits of Harassment Law
- 7 Who Says?
- 8 Subordination and Agency in Sexual Harassment Law
- 9 Sexual Labor
- 10 Unwelcome Sex
- 11 Theories of Harassment “Because of Sex”
- 12 What's Wrong with Sexual Harassment
- 13 Sexuality Harassment
- 14 Discriminating Pleasures
- 15 <i>Gay Male Liberation Post</i> Oncale
- 16 The Rights of Remedies
- 17 Employer Liability for Sexual Harassment by Supervisors
- 18 Sex in Schools
- 19 Nooky Nation
- 20 Damages in Sexual Harassment Cases
- 21 The Speech-ing of Sexual Harassment
- 22 The Collective Injury of Sexual Harassment
- 23 Sexual Harassment and the First Amendment
- 24 The Silenced Workplace
- 25 Pornography as Sexual Harassment in Canada
- 26 Free Speech and Hostile Environments
- 27 Slavery and the Roots of Sexual Harassment
- 28 The Racism of Sexual Harassment
- 29 Coercion in At-Will Termination of Employment and Sexual Harassment
- 30 Public Rights for “Private” Wrongs
- 31 <i>Why Doesn't</i> He <i>Leave?</i>
- 32 Dignity, Respect, and Equality in Israel's Sexual Harassment Law
- 33 Dignity or Equality?
- 34 French and American Lawyers Define Sexual Harassment
- 35 Sexual Harassment in Japan
- 36 The Modesty of Mrs. Bajaj
- 37 Sexual Harassment
Why Doesn't He Leave?
Why Doesn't He Leave?
Restoring Liberty and Equality to Battered Women
- (p.535) 31 Why Doesn't He Leave?
- Directions in Sexual Harassment Law
Diane L. Rosenfeld
- Yale University Press
This chapter describes the injustice faced by battered women and poses an important question: Why, after a woman has been beaten by her intimate partner, should she be forced to seek shelter outside of her home, while her abuser is free to roam the streets and terrorize her? The answer, the author proposes, lies in the creation of batterer detention facilities to house batterers after a domestic assault. Detaining the abuser would appropriately redistribute liberty back to the woman who was victimized by the violence. Subject to a hybrid of civil commitment and criminal responsibility, the batterer would be both punished through the detention and treated through intense therapy. The woman, on the other hand, would be able to remain safely in her home and not be forced to uproot herself—and perhaps her children—in search of shelter.
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