Polyphonic Federalism: Toward the Protection of Fundamental Rights
by Robert A. Schapiro
University of Chicago Press, 2009 Cloth: 978-0-226-73662-4 | eISBN: 978-0-226-73664-8 Library of Congress Classification KF4600.S32 2009 Dewey Decimal Classification 342.73042
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
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.
AUTHOR BIOGRAPHY
Robert A. Schapiro is professor of law at Emory University School of Law.
REVIEWS
“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
"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
“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
TABLE OF CONTENTS
Preface
Introduction
Chapter 1: The Paradox: The Revival of Federalism in a Nationalizing Society
Chapter 2: Federalism Old and New
Chapter 3: The Return of Dualism
Chapter 4: Federalism as Polyphony
Chapter 5: The Benefits of Intersystemic Adjudication
Chapter 6: State Courts as Enforcers of Federal Law
Chapter 7: Customary International Law in State and Federal Courts
Conclusion
Notes
Index
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
Polyphonic Federalism: Toward the Protection of Fundamental Rights
by Robert A. Schapiro
University of Chicago Press, 2009 Cloth: 978-0-226-73662-4 eISBN: 978-0-226-73664-8
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.
AUTHOR BIOGRAPHY
Robert A. Schapiro is professor of law at Emory University School of Law.
REVIEWS
“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
"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
“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
TABLE OF CONTENTS
Preface
Introduction
Chapter 1: The Paradox: The Revival of Federalism in a Nationalizing Society
Chapter 2: Federalism Old and New
Chapter 3: The Return of Dualism
Chapter 4: Federalism as Polyphony
Chapter 5: The Benefits of Intersystemic Adjudication
Chapter 6: State Courts as Enforcers of Federal Law
Chapter 7: Customary International Law in State and Federal Courts
Conclusion
Notes
Index
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
It can take 2-3 weeks for requests to be filled.
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE