Marriage Mimicry: The Law of Domestic Violence

William & Mary Law Review, Vol. 47, 2006

Ohio State Public Law Working Paper No. 45

OSU Center for Interdisciplinary Law and Policy Studies Working Paper No. 29

64 Pages Posted: 19 Oct 2005  

Ruth Colker

Ohio State University (OSU) - Michael E. Moritz College of Law

Abstract

In this article, Professor Colker argues that the legal system does not simply privilege those in marital relationships but has now begun to privilege those in "marriage-like" relationships through what she terms a marriage mimicry model. She uses the law of domestic violence to critique this method of according benefits and protections. She traces the haphazard development of the law of domestic violence and argues that it has served to underprotect many of the victims of domestic violence because lawmakers have reflexively privileged marriage-like relationships without asking who is most in need of protection. She argues that the legal system should disentangle benefits and protections from marriage and, instead, use a functional approach to deciding who receives benefits and protections.

Keywords: domestic partner, common-law marriage, battered spouse, battered wife

JEL Classification: K14, K30

Suggested Citation

Colker, Ruth, Marriage Mimicry: The Law of Domestic Violence. William & Mary Law Review, Vol. 47, 2006; Ohio State Public Law Working Paper No. 45; OSU Center for Interdisciplinary Law and Policy Studies Working Paper No. 29. Available at SSRN: https://ssrn.com/abstract=819164

Ruth Colker (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
(614) 292-0900 (Phone)
(614) 292-2035 (Fax)

HOME PAGE: http://moritzlaw.osu.edu/faculty/professor/ruth-colker/

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