Fall 2025 Book Symposium – Serena Mayeri’s Marital Privilege: Marriage, Inequality, and the Transformation of American Law | Law Review
Recently, Professor Serena Mayeri (Arlin M. Adams Professor of Constitutional Law and Professor of History by courtesy, University of Pennsylvania Carey Law School) publishedMarital Privilege: Marriage, Inequality, and the Transformation of American Law. The book describes how families, activists, and lawyers challenged marriage’s central legal and economic role in the United States.B.U. Law Review Onlinehosts five responses by invited contributors and a response to their contributions by Professor Mayeri.
The Formal Limit on Privatizing SupportAlbertina Antognini105 B.U. Law Review Online 43 (2025)
The Benefits of MarriageCary Franklin105 B.U. Law Review Online 51 (2025)
The Racial History of Marital PrivilegeJessica Dixon Weaver105 B.U. Law Review Online 59 (2025)
The Historical Functions of Marital Privilege: A Distributive Analysis of Family LawDeborah Dinner105 B.U. Law Review Online 63 (2025)
Formal Victories and Roads Not Taken: Excavating Departures and Throughlines in Challenges to the Place of MarriageLinda C. McClain105 B.U. Law Review Online 69 (2025)
Institutional Challenges in an Authoritarian AgeKatie Eyer105 B.U. Law Review Online 79 (2025)
Marital PrivilegeSymposium ResponseSerena Mayeri105 B.U. Law Review Online 87 (2025)
Executive Summary
The article discusses Professor Serena Mayeri's book, Marital Privilege: Marriage, Inequality, and the Transformation of American Law, which explores the challenges to marriage's central role in the US. The book symposium features responses from various scholars, including Albertina Antognini, Cary Franklin, and Deborah Dinner, who analyze the formal limits of privatizing support, benefits of marriage, and historical functions of marital privilege. Professor Mayeri responds to these contributions, providing a comprehensive analysis of the topic.
Key Points
- ▸ Marital privilege and its impact on American law
- ▸ Challenges to marriage's central role in the US
- ▸ Historical and distributive analysis of family law
Merits
Comprehensive analysis
The book and symposium provide a thorough examination of marital privilege and its implications
Interdisciplinary approach
The contributions combine legal, historical, and social analysis to provide a nuanced understanding of the topic
Demerits
Limited scope
The symposium primarily focuses on the US context, which may limit its applicability to other jurisdictions
Lack of empirical data
Some contributions may benefit from more empirical evidence to support their arguments
Expert Commentary
The symposium provides a rich and nuanced analysis of marital privilege, highlighting the complex and often contradictory nature of marriage's role in American law. Professor Mayeri's response adeptly synthesizes the various contributions, demonstrating a deep understanding of the topic. The discussion has significant implications for family law reform, social inequality, and the ongoing evolution of American law. As a scholar, it is essential to consider the historical, social, and economic contexts that shape our understanding of marriage and its privileges.
Recommendations
- ✓ Further research on the empirical effects of marital privilege
- ✓ Interdisciplinary collaboration to inform policy debates and family law reform
