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Judicial Coherence in the European Patent System: Lessons from the US and Japan

This comprehensive book examines the judicial governance of the patent system in Europe and beyond, and looks at mechanisms for enhancing coherence. Federica Baldan investigates the challenges to judicial coherence which may arise after the establishment of a specialised patent court in Europe. The book highlights the various options that have been explored in the past decades for the creation of a centralised and specialised European patent court. Chapters retrace the most developed proposals for the establishment of a patent court, assess their impact on judicial coherence and identify potential weaknesses and room for improvement. The UPC Agreement has a central role in this analysis as it is the most advanced proposal and is currently in its implementation phase.Providing a comparative analysis of the US and Japanese patent systems and identifying the potential for improvements, this timely book will be a valuable resource for scholars, students and policymakers in the fields of IP law, governance and political science.

Accounting, Accountability and Society: Trends and Perspectives in Reporting, Management and Governance for Sustainability (CSR, Sustainability, Ethics & Governance)

This book addresses the growing interest among policymakers, practitioners and academics in the evolution and the future implications of social, environmental and sustainability accounting. To do so, it examines the conceptual and practical application of accountability at multiple levels and contexts, and presents a range of case studies focusing on salient issues, perspectives and the potential of multidimensional accounting and reporting regimes. Intended for a diverse audience, the book allows readers to gain a better understanding of the topics, encourages dialogue and debate, and stimulates innovation in scholarship, policy and practice.

Environmental Accounting and Reporting: Theory and Practice (CSR, Sustainability, Ethics & Governance)

This book discusses the foundations of social and environmental accounting and highlights local differences in countries like Italy and Bulgaria. It also describes the institutional environment, which affects the development and application of environmental accounting and reporting, as a basis for evaluating current achievements and the future steps that need to be taken to develop and spread environmental accounting. The book is unique in presenting exemplary cases from different emerging and developed countries. It is a valuable resource for theorists in the field, practitioners in companies, as well as investors and other stakeholders. Moreover, it provides students with the necessary theoretical constructs, empirical studies as well as practical and managerial tools to allow for a quick orientation in the methodology, techniques and selected practices used in environmental accounting and reporting.

Anti-Europeanism: Critical Perspectives Towards the European Union

The book analyzes different critical attitudes towards European integration from a multidisciplinary perspective. By applying both quantitative and normative-theoretical approaches, the contributors assess the causes and effects of the popularity of EU-critical positions and doctrines, such as souverainism, neo-nationalism and neo-populism. The book also presents country studies to compare populist movements and parties, such as the Five Stars Movement in Italy, Syriza in Greece and UKIP in the UK. It offers insights into the historical and normative roots of the diverse anti-European standpoints, and the various political demands and agendas connected with these views, ranging from rejections of EU institutions to demands for institutional reforms and propositions for alternative projects.

Un-Veiling Dichotomies: European Secularism and Women’s Veiling (Boundaries of Religious Freedom: Regulating Religion in Diverse Societies)

This book analyzes the implication of secular/liberal values in Western and human rights law and its impact on Muslim women. It offers an innovative reading of the tension between the religious and secular spheres. The author does not view the two as binary opposites. Rather, she believes they are twin categories that define specific forms of lives as well as a specific notion of womanhood. This divergence from the usual dichotomy opens the doors for a reinterpretation of secularism in contemporary Europe. This method also helps readers to view the study of religion vs. secularism in a new light. It allows for a better understanding of the challenges that contemporary Europe now faces regarding the accommodation of different religious identities. For instance, one entire section of the book concerns the practice of veiling and explores the contentious headscarf debate. It features case studies from Germany, France, and the UK. In addition, the analysis combines a wide range of disciplines and employs an integrated, comparative, and inter-disciplinary approach. The author successfully brings together arguments from different fields with a comparative legal and political analysis of Western and Islamic law and politics. This innovative study appeals to students and researchers while offering an important contribution to the debate over the role of religion in contemporary secular Europe and its impact on women’s rights and gender equality.

Place Based Approaches to Sustainability Volume I: Ethical and Spiritual Foundations of Sustainability (Palgrave Studies in Sustainable Business In Association with Future Earth)

Without respecting and nurturing ‘place’ we cannot achieve a state of ecological sustainability. Place-based organizations are not run on a purely materialistic basis. The non-materialistic features of a place, its aesthetics, cultural heritage, community feelings, transcendence, should be integrated into sustainability management. This far-reaching two-volume work breaks with the economic logic of efficiency and profit maximization, and suggests that organizations should inform their sustainability by encompassing feelings of identity with and attachment to place.According to this vision, the editors have compiled scholarly contributions aimed to support the ecological transformation of humankind by exploring both theoretical and practical models that integrate the sense of the place, ethics and spirituality in new ways of organizing of economic and social life. This first volume sets the theoretical direction of the volumes, asking broad aesthetic questions around the ethical and spiritual foundations of sustainability. It will be of interest to scholars, practitioners and students of sustainability, business ethics and spirituality.

Place Based Approaches to Sustainability Volume II: Business, Economic, and Social Models (Palgrave Studies in Sustainable Business In Association with Future Earth)

Without respecting and nurturing ‘place’ we cannot achieve a state of ecological sustainability. Place-based organizations are not run on a purely materialistic basis. The non-materialistic features of a place, its aesthetics, cultural heritage, community feelings, transcendence, should be integrated into sustainability management. This far-reaching two-volume work breaks with the economic logic of efficiency and profit maximization, and suggests that organizations should inform their sustainability by encompassing feelings of identity with and attachment to place.According to this vision, the editors have compiled scholarly contributions aimed to support the ecological transformation of humankind by exploring both theoretical and practical models that integrate the sense of the place, ethics and spirituality in new ways of organizing of economic and social life. This second volume takes the theoretical direction, established in the first model, and puts it into practice withcases from business and society. It will be of interest to scholars, practitioners and students of sustainability, business ethics and spirituality.

Intrinsic CSR and Competition: Doing well amongst European SMEs

This edited book is at the intersection of the discussion on family-owned business, the CSR agenda and company competition in Europe. The authors contribute to the debates on corporate social responsibility by arguing that formal management systems are not the one-size-fits-all solution they are typically presented to be. Exploring alternative interpretations of the profile environmental management activities have in SMEs, the book evaluates the way in which cultural and ethical values are embedded in European SMEs in order to drive and orientate CSR successfully without following the mainstream ‘systems’ approach. It addresses several values of thought within the CSR debate such as intrinsic CSR, the role of virtue ethics and moral theory in corporate culture, environmental sustainability and vision-driven CSR. Focusing on a European perspective, the book heuristically explores an alternative model for the integration of CSR, innovation dynamics and economic success driven by intrinsic values rather than extrinsic post-decision rationalisations.

The Copyright Wars: Three Centuries of Trans-Atlantic Battle

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story.Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition.Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.

The Copyright Wars: Three Centuries of Trans-Atlantic Battle

Today's copyright wars can seem unprecedented. Sparked by the digital revolution that has made copyright—and its violation—a part of everyday life, fights over intellectual property have pitted creators, Hollywood, and governments against consumers, pirates, Silicon Valley, and open-access advocates. But while the digital generation can be forgiven for thinking the dispute between, for example, the publishing industry and Google is completely new, the copyright wars in fact stretch back three centuries—and their history is essential to understanding today’s battles. The Copyright Wars—the first major trans-Atlantic history of copyright from its origins to today—tells this important story.Peter Baldwin explains why the copyright wars have always been driven by a fundamental tension. Should copyright assure authors and rights holders lasting claims, much like conventional property rights, as in Continental Europe? Or should copyright be primarily concerned with giving consumers cheap and easy access to a shared culture, as in Britain and America? The Copyright Wars describes how the Continental approach triumphed, dramatically increasing the claims of rights holders. The book also tells the widely forgotten story of how America went from being a leading copyright opponent and pirate in the eighteenth and nineteenth centuries to become the world’s intellectual property policeman in the late twentieth. As it became a net cultural exporter and its content industries saw their advantage in the Continental ideology of strong authors’ rights, the United States reversed position on copyright, weakening its commitment to the ideal of universal enlightenment—a history that reveals that today’s open-access advocates are heirs of a venerable American tradition.Compelling and wide-ranging, The Copyright Wars is indispensable for understanding a crucial economic, cultural, and political conflict that has reignited in our own time.

Taming the Corporation: How to Regulate for Success

Virtually all enterprises are regulated. Regulation is crucial not only to economic success but also to protecting consumer, worker, environmental, and other interests. Yet it is often considered a tiresome interference with entrepreneurial activity. This negative vision is unhelpful in addressing business and other needs for productive forms of regulation. Taming the Corporation offers an alternative, positive, vision of regulation. It stresses the role of good regulation in allowing businesses to flourish, serve markets effectively, and respect broader interests. This perspective paves the way for more productive regulatory designs. It looks at the characteristics of good regulation and provides businesses, consumers, and citizens with the arguments that will enable them to push for regulatory controls that serve their needs. Understandings of regulation are served by looking at the potentially positive roles of control strategies ranging from 'command laws' to 'nudges'. This book not only discusses regulatory theory but also uses numerous case examples to illustrate real life challenges and address three key regulatory challenges in the modern world: regulating for sustainability, addressing global warming, and controlling digital platforms.

Die Effektivität und die Stellung Nichtanerkannter Staaten im Völkerrecht

Leben und leben lassen: Eine Kritik intellektueller Toleranz (Abhandlungen zur Philosophie)

Toleranz – von vielen gewünscht und oft gefordert: Von der UNESCO, vom Papst, von Angela Merkel und Barack Obama. Doch was genau heißt es überhaupt, tolerant zu sein? Impliziert Toleranz Ablehnung? Oder ist Toleranz lediglich das Gegenteil von Dogmatismus? Und wie unterscheidet sich eine tolerante von einer gleichgültigen Haltung? Dominik Balg unterzieht, ausgehend von einer fundierten Explikation des Toleranzbegriffs, eine tolerante Haltung als intellektuelle Einstellung gegenüber konfligierenden Meinungen einer ausführlichen Kritik und diskutiert die Plausibilität allgemeiner Toleranzforderungen in spezifischen Domänen wie Politik, Religion oder Ethik. Er erwägt mögliche Alternativen zu einer toleranten Haltung und stellt mit intellektueller Aufgeschlossenheit und Bescheidenheit zwei gehaltvolle Einstellungen vor, die von einer toleranten Haltung klar abgrenzbar sind und – im Gegensatz zu Toleranz - auch problemlos auf einer allgemeinen Ebene eingefordert werden können. - Mit einem Vorwort von Thomas Grundmann.

Live and Let Live: A Critique of Intellectual Tolerance

Tolerance - desired by many and often demanded: By UNESCO, by the Pope, by Angela Merkel and Barack Obama. But what exactly does it mean to be tolerant? Does tolerance imply rejection? Or is tolerance merely the opposite of dogmatism? And how does a tolerant attitude differ from an indifferent one? Dominik Balg, starting from a well-founded explication of the concept of tolerance, subjects a tolerant attitude as an intellectual attitude toward conflicting opinions to a detailed critique and discusses the plausibility of general tolerance claims in specific domains such as politics, religion, or ethics. He considers possible alternatives to a tolerant attitude and presents with intellectual open-mindedness and humility two substantial attitudes that can be clearly distinguished from a tolerant attitude and - in contrast to tolerance - can also be easily demanded on a general level. - With a foreword by Thomas Grundmann. This book is a translation of the original German 1st edition Leben und leben lassen by Dominik Balg, published by J.B. Metzler, an imprint of Springer-Verlag GmbH Germany, part of Springer Nature in 2020. The translation was done with the help of artificial intelligence (machine translation by the service DeepL.com). A subsequent human revision was done primarily in terms of content, so that the book will read stylistically differently from a conventional translation. Springer Nature works continuously to further the development of tools for the production of books and on the related technologies to support the authors.

Toleranz – was müssen wir aushalten? (#philosophieorientiert)

Toleranz – eine Haltung, die in westlichen Gesellschaften wie kaum eine andere mit Nachdruck gefordert und mit Vehemenz verteidigt wird. Insbesondere eine tolerante Haltung gegenüber fremden Ansichten, Standpunkten und Überzeugungen wird von vielen als unverzichtbare Bedingung für das Gelingen eines demokratischen Miteinanders angesehen. Gleichzeitig wird kontrovers diskutiert, wo eigentlich die Grenzen einer toleranten Pluralität verschiedener Meinungen gezogen werden sollen. Welche Ansichten sind noch tolerabel, und welche nicht? Mit Blick auf aktuelle gesellschaftliche Diskurse und vor dem Hintergrund umfassender Kenntnisse der philosophischen Toleranzforschung überprüft Dominik Balg kontrovers diskutierte Minderheitenpositionen auf ihre Tolerierbarkeit und entwickelt vor diesem Hintergrund einen klaren Kriterienkatalog, mit Hilfe dessen sich die Grenzen einer toleranten Haltung sinnvoll ziehen lassen. Darüber hinaus widmet er sich der Frage, was eigentlich jenseits unserer Toleranzgrenzen liegen sollte und wie man verantwortungsvoll mit Positionen umgehen kann, die nicht mehr tolerabel sind.

Productivity and Innovation in SMEs: Creating Competitive Advantage in Singapore and South East Asia (Routledge Focus on Environment and Sustainability)

This book analyses the determining factors behind productivity and innovation amongst Small and Medium Enterprises (SMEs) in Singapore, and within the context of South East Asia, in order to offer recommendations for increasing productivity and aiding economic growth. SME firms are an influential driver of economic growth in advanced world economies like the USA, Germany, Japan and South Korea. Throughout the 2000s, Singapore experienced a decline in economic growth which was linked to decreasing productivity in its SMEs. The decline triggered a transformational policy by a Government intent on forging a ‘high skill–high productivity’ future. Given substantial evidence that low productivity growth occurred in sectors where immigrants dominated the workforce, the seeds of recovery focused on improving productivity and innovation amongst SMEs in those sectors. Hence, this book investigates the factors determining productivity amongst SMEs across the manufacturing sector. It utilises personal interviews with global experts and CEOs, combined with primary data collected from a major international Delphi survey, and interviews with 215 SME owners and managers in Singapore. This data helps us to better understand how these productivity-enhancing factors can be used to increase performance amongst SMEs. By investigating the nature and process of total factor productivity in Singapore’s SMEs, this book tells the policy story behind the revolution. To provide a comparative analysis, Singapore’s story is placed within a South East Asian context. The unfolding narrative contains important lessons for policy makers and industry globally, as they assess the strategic choices available to them for improving productivity and innovation. This book will be of great interest to students and scholars of innovation and productivity, as well as economic development officers, government policy advisors, SME business managers and sustainable businesses.

Productivity and Innovation in SMEs: Creating Competitive Advantage in Singapore and South East Asia (Routledge Focus on Environment and Sustainability)

This book analyses the determining factors behind productivity and innovation amongst Small and Medium Enterprises (SMEs) in Singapore, and within the context of South East Asia, in order to offer recommendations for increasing productivity and aiding economic growth. SME firms are an influential driver of economic growth in advanced world economies like the USA, Germany, Japan and South Korea. Throughout the 2000s, Singapore experienced a decline in economic growth which was linked to decreasing productivity in its SMEs. The decline triggered a transformational policy by a Government intent on forging a ‘high skill–high productivity’ future. Given substantial evidence that low productivity growth occurred in sectors where immigrants dominated the workforce, the seeds of recovery focused on improving productivity and innovation amongst SMEs in those sectors. Hence, this book investigates the factors determining productivity amongst SMEs across the manufacturing sector. It utilises personal interviews with global experts and CEOs, combined with primary data collected from a major international Delphi survey, and interviews with 215 SME owners and managers in Singapore. This data helps us to better understand how these productivity-enhancing factors can be used to increase performance amongst SMEs. By investigating the nature and process of total factor productivity in Singapore’s SMEs, this book tells the policy story behind the revolution. To provide a comparative analysis, Singapore’s story is placed within a South East Asian context. The unfolding narrative contains important lessons for policy makers and industry globally, as they assess the strategic choices available to them for improving productivity and innovation. This book will be of great interest to students and scholars of innovation and productivity, as well as economic development officers, government policy advisors, SME business managers and sustainable businesses.

Wicked Environmental Problems: Managing Uncertainty and Conflict

This new book examines past experience and future directions in the management of so-called "wicked" environmental problems-those characterized by large-scale, long-term policy dilemmas and contentious political stalemates. Most important, the book reviews current thinking on the way forward, focusing on the implementation of "learning networks," in which public managers, technical experts, and public stakeholders collaborate in decision-making processes that are analytic, iterative, and deliberative. Wicked Environmental Problems offers new approaches for managing environmental conflicts and shows how managers could apply these approaches within common, real-world statutory decision-making frameworks. It is essential reading for anyone concerned with managing environmental problems.

Debating Multiculturalism: Should There be Minority Rights? (Debating Ethics)

Multiculturalism has become a political touchstone in many countries around the world. While many of those on the right oppose it, and many of those on the left embrace it, things are not this simple. For those who defend them, multicultural policies are generally seen as key to the fair and successful integration of minorities, many of whom are immigrants, into diverse democratic societies. For those who oppose multiculturalism, who have become part of the so-called "backlash" against multiculturalism, they are charged with generating segregation rather than inclusion, undermining national cultures, reinforcing difference, and privileging minority groups. Around the world, we see failing attempts at migrant integration, persistent religious intolerance and racial and ethnic discrimination, resurgent national minorities, emboldened majorities, permanent minorities, continuing social isolation, and increasing extremism, including in the form of white nationalism. But is multiculturalism the solution to these problems or does it just make them worse? In this for-and-against book, two prominent scholars of multiculturalism put forward different answers to this important question. While Patti Tamara Lenard argues for minority rights as both the consequence of a right to culture and a way to redress the effects of nation-building, Peter Balint rejects minority rights altogether, instead arguing for a re-imagined liberal neutrality. This theoretical disagreement plays out in real-world policy disagreement. Lenard, for example, argues strongly in favor of exemptions from general rules for minority cultures including the right of Sikhs to be exempt from helmet laws, and for Jews and Muslims to be exempt from bans on male circumcision. She also defends the right of minority cultures to have government-supported separate spaces. Balint, on the other hand, argues directly against these types of exemptions and government support. He is opposed to any form of differentiation based on culture, religion, or ethnicity. The book uses a wide range of real-world examples to demonstrate their significant theoretical disagreement, and to recommend very different policy proposals.

The Constitution in 2020

The Constitution in 2020 is a powerful blueprint for implementing a more progressive vision of constitutional law in the years ahead. Edited by two of America's leading constitutional scholars, the book provides a new framework for addressing the most important constitutional issues of the future in clear, accessible language. Featuring some of America's finest legal minds--Cass Sunstein, Bruce Ackerman, Robert Post, Harold Koh, Larry Kramer, Noah Feldman, Pam Karlan, William Eskridge, Mark Tushnet, Yochai Benkler and Richard Ford, among others--the book tackles a wide range of issues, including the challenge of new technologies, presidential power, international human rights, religious liberty, freedom of speech, voting, reproductive rights, and economic rights. The Constitution in 2020 calls on liberals to articulate their constitutional vision in a way that can command the confidence of ordinary Americans.

The Cycles of Constitutional Time

What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.

The Cycles of Constitutional Time

What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot--the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system. But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.

Living Originalism

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Memory and Authority: The Uses of History in Constitutional Interpretation (Yale Law Library Series in Legal History and Reference)

From one of the nation’s preeminent constitutional scholars, a sweeping rethinking of the uses of history in constitutional interpretation Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court’s current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Lawyers and judges construct—and erase—memory to lend authority to their present-day views; they make the past speak their values so they can then claim to follow it. The seemingly opposed camps of originalism and living constitutionalism are actually mirror images of a single phenomenon: how lawyers use history to adapt an ancient constitution to a constantly changing world. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history. He explains how lawyers and judges invoke history selectively to construct authority for their claims and undermine the authority of opposing views. And he elucidates the perpetual quarrel between historians and lawyers, showing how the two can best join issue in legal disputes. This book is a sweeping rethinking of the uses of history in constitutional interpretation.

What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision

Rewriting the Supreme Court’s landmark gay rights decision Jack Balkin and an all-star cast of legal scholars, sitting as a hypothetical Supreme Court, rewrite the famous 2015 opinion in Obergefell v. Hodges, which guaranteed same-sex couples the right to marry. In eleven incisive opinions, the authors offer the best constitutional arguments for and against the right to same-sex marriage, and debate what Obergefell should mean for the future. In addition to serving as Chief Justice of this imaginary court, Balkin provides a critical introduction to the case. He recounts the story of the gay rights litigation that led to Obergefell, and he explains how courts respond to political mobilizations for new rights claims. The social movement for gay rights and marriage equality is a powerful example of how—through legal imagination and political struggle—arguments once dismissed as “off-the-wall” can later become established in American constitutional law.