Surnames, Same Sex Marriage, and the Interesting Evolution of Constitutional Litigation in Japan

Professor Jones will summarize a recent paper in which he offers a new heuristic for understanding how and why constitutional claims are litigated in Japan. He offers a number of common features to the small and seemingly unrelated instances in which the Supreme Court of Japan has found a statute unconstitutional. He uses this heuristic to understand certain constitutional challenges currently in the news, including those relating to marriage equality and spousal surnames.