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Polyphonic Federalism: Toward the Protection of Fundamental Rights, by Robert A. Schapiro
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The relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting “polyphony” creates a system that is more efficient, democratic, and protective of liberties.
This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
- Sales Rank: #2787236 in Books
- Published on: 2009-05-15
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .90" w x 6.00" l, 1.10 pounds
- Binding: Hardcover
- 256 pages
Review
“Polyphonic Federalism is a very interesting and important book, proposing a provocative new conception of federalism in the United States. It will make a very important contribution to the current discussion of the functioning of, and the purposes behind, our system of constitutional federalism.” (Robert Williams, Distinguished Professor, Rutgers School of Law 2008-07-01)
"A brilliant book that offers a sophisticated new theory of federalism. Professor Schapiro's approach—polyphonic federalism—defends having a multitude of actors working to enhance freedom and provide effective governance. Supreme Court justices, federal judges, legislators, and academics all should pay careful attention to this path breaking work."
(Erwin Chemerinsky, Dean and Distinguished Professor of Law, University of California, Irvine, School of Law 2008-12-08)
“Schapiro is joining a group of scholars exploring dimensions of federalism that have not been sufficiently in focus. His contribution enables us to see facets of doctrine and practices that remind us that our system is better described as ‘federalisms’—pluralized to capture the differing relationships among states and the federal government and across the states themselves.”
(Judith Resnik, Arthur Liman Professor of Law, Yale Law School 2009-01-15)
About the Author
Robert A. Schapiro is professor of law at Emory University School of Law.
Most helpful customer reviews
2 of 2 people found the following review helpful.
Book Defends Relationship between State and Federal Law
By Center for the Study of Law and Religion at Emory University
A new book by Emory Law Professor Robert A. Schapiro, a Center for the Study of Law and Religion (CSLR) associated faculty member, defends the advantages of multiple perspectives in government, arguing that the resulting "polyphony" creates a system that is more efficient, democratic, and protective of liberties.
In Polyphonic Federalism: Toward the Protection of Fundamental Rights (University of Chicago Press, 2009), Schapiro argues that the relationship between the states and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
***
The Center for the Study of Law and Religion (CSLR) at Emory University is home to world-class scholars and forums on the religious foundations of law, politics, and society. It offers first-rank expertise on how the teachings and practices of Christianity, Judaism, and Islam have shaped and can continue to transform the fundamental ideas and institutions of our public and private lives. The scholarship of CSLR faculty provides the latest perspectives, while its conferences and public forums foster reasoned and robust public debate.
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